GPs: Case Studies
We acted on behalf of the partners of Friarwood Surgery on the sale of the freehold of the surgery to Assura and the leaseback of the surgery to the Practice for a term of 25 years. This allowed the outstanding mortgage to be discharged and the property owning partners to receive a capital payment and for liabilities under the lease to be shared by the whole practice.
Our experience of dealing with NHS England in obtaining approval for Practice leases for rent reimbursement purposes allowed us to spot and negotiate issues in the lease to ensure these were addressed at the outset in a way which would satisfy NHS E. In addition, our experience of previous transactions with Assura allowed us to negotiate the best terms for the Practice around termination in the event its contract with NHSE terminates, rent review and rights to carry out repair works and recoup costs in the event of the Landlord's default.
Employment law advice
We helped a group of GP Practices where HR is outsourced regarding the management of employee sickness absence, mental capacity issues, bullying and harassment, whistleblowing and the application of disciplinary, grievance and capability policies. We also provided advice regarding restraint of trade terms in contracts where organisations were competing for their business.
We provided specific advice to a GP Practice on pension eligibility and salary in a situation where a GP Partner sat as a member of the CCG Governing Body.
Organisational change including TUPE
We provided legal advice to a GP practice regarding TUPE transfer issues that arose following the transfer of patient lists for performance or absence related reasons.
Proposed development of a new surgery building
We advised a three partner GP practice on all aspects of its proposed development of a new surgery building in South Yorkshire. We have provided support to the practice in its negotiations with its current landlord and with NHS England. We have also advised them on funding and partnership issues and the acquisition of development land. Throughout the transaction we have been working with other members of the practice’s professional team, including its project managers, to progress the development to a conclusion.
Ownership after retirement
We dealt with the grant of a lease by three GPs who retained ownership of their practice premises after retirement to a different partnership of GPs who were contracted to continue providing primary care services from the premises.
Sub Lease Plus Agreements
We acted for six different GP practices entering into sub Lease Plus Agreements at a major LIFT development in Yorkshire.
Special purpose company
We helped a group of approximately 20 GP Practices to federate via a special purpose company. We provided advice at the outset in relation to possible corporate and partnership structures and establishing non-binding heads of terms between the potential participating practices. We advised throughout the project on the detailed constitutional documents, capital structure options, governance and membership of the company as well as related matters including continued access to NHS pensions.
We established a federation agreement between member practices following agreement of heads of terms, which enabled the practices to cooperate in the generation and exploitation of intellectual property without requiring the formation of a separate corporate entity. This included advice on governance principles, conflict management and decision making as well as funding arrangements and revenue distribution.
Out of Hours services
We established a provider entity for a federation of practices that proceeded successfully in a bid to provide Out of Hours services. This included advice on establishing the constitution of the corporation, governance and the structure of its bid and further advice relating to procurement and in establishing a consortium with another provider organisation for a further bid for provider services.