Health & social care

Wright Hassall has a broad range of experience in providing advice to healthcare providers, including care home operators, domiciliary care providers, Dental and Pharmacy Practices.

We act for healthcare businesses of all sizes, from large care groups including housing associations and large not for profit providers, to single-site operators and high street surgeries on:

  • business and share acquisitions and disposals of all types of healthcare business;
  • investments into and the re-financing of all types of healthcare business;
  • re-organisations of healthcare businesses within a group structure; 
  • the incorporation of healthcare businesses, Dental and Pharmacy, producing the necessary tailored Shareholder and Partnership Agreements;
  • the wide and varied commercial contracts and arrangements such as local authority contracts, service user agreements, data protection, which affect healthcare providers and their businesses
  • employment related matters; 
  • regulatory matters; and 
  • their personal tax and succession planning

Our work includes:-

  • acting for both buyers and sellers on the acquisition and disposal of care homes, domiciliary care businesses, dental practices and pharmacies;
  • the re-organisation and re-structuring of healthcare groups and businesses;
  • the investment, funding and re-financing of care homes, domiciliary care businesses, dental practices and pharmacies;
  • legal due diligence reporting on the acquisition or disposal of healthcare businesses;
  • shareholder agreements, Articles of Association, partnership agreements, LLP members agreements and other forms of collaboration for the owners of healthcare companies and businesses;
  • general commercial contract advice; and
  • the incorporation of healthcare businesses, including care homes, domiciliary care businesses, dental and pharmacy practices.

    Care Homes

    Our Health & Social Care Team provides practical, expert advice to care home providers. 

    Our lawyers have a thorough understanding of the care home sector and the challenges faced by providers.

    Our expertise includes:-

    • acquisitions and disposals;
    • property acquisition and development including health centre developments and planning applications and appeals;
    • employment issues;
    • shareholder arrangements;
    • partnership agreements;
    • shareholder/partner arrivals and departures;
    • shareholder/partner disputes;
    • healthcare regulations and the essential standards of quality and safety;
    • Local Authority contracts;
    • data protection;
    • service user agreements;
    • challenging CQC decisions; and
    • personal tax and succession planning.

    Domiciliary Care

    Our Health & Social Care Team provides practical, expert advice to domiciliary care providers. 

    Our lawyers have a thorough understanding of the domiciliary care sector and the challenges faced by providers. So whether you need legal advice on any issues involving domiciliary care, supported living or extra care schemes we can help.

    Our expertise includes:-

    • sales and purchases;
    • property acquisition and development;
    • employment law: all aspects of both contentious and non-contentious employment matters including, drafting and reviewing employment contracts and policies, addressing poor performance and misconduct, handling staff grievances, redundancy and restructuring, avoiding discrimination claims, protecting businesses through restrictive covenants and advising on TUPE transfers;
    • shareholder arrangements;
    • partnership agreements;
    • shareholder/partner arrivals and departures;
    • shareholder/partner disputes;
    • healthcare regulations and the essential standards of quality and safety;
    • Local Authority contracts;
    • data protection;
    • service user agreements;
    • care and support agreements;
    • intellectual property, both contentious and non-contentious, including trademarks and patents;
    • challenging CQC decisions; and
    • personal tax and succession planning.

    Dental

    Our Health & Social Care Team provides practical, expert advice to individual dental practitioners and dental corporates nationwide working both within the NHS and also privately.

    Our expertise includes:-

    • acquisitions and disposals of dental practices;
    • property acquisition and development including health centre developments and planning applications and appeals;
    • employment contracts, locum agreements and dispute resolution;
    • shareholder arrangements;
    • partnership agreements and associate agreements;
    • shareholder/partner arrivals and departures;
    • shareholder/partner disputes;
    • healthcare regulations and the essential standards of quality and safety;
    • advice in connection with expense sharing arrangements;
    • GDS and PDS contracts;
    • data protection;
    • intellectual property, both contentious and non-contentious, including trademarks and patents;
    • challenging CQC decisions; and
    • personal tax and succession planning.

    Pharmacies

    Our Health & Social Care Team provides practical, expert advice to individual pharmacy practitioners and pharmacy corporates nationwide.

    Our expertise includes:-

    • acquisitions and disposals of pharmacy businesses and companies;
    • property acquisition and development, including health centre developments, pharmacy leases and planning applications and appeals;
    • employment contracts, locum agreements and dispute resolution;
    • shareholder arrangements;
    • partnership agreements and associate agreements;
    • shareholder/partner arrivals and departures;
    • shareholder/partner disputes;
    • Community Pharmacy and framework contracts;
    • intellectual property, both contentious and non-contentious, including trademarks and patents;
    • data protection; and
    • personal tax and succession planning.

    Not For Profit Health and Social Care Providers

    Our Health & Social Care Team provides practical, expert advice on a full range of corporate and strategic matters for Not For Profit Health and Social Care Providers. This includes governance advice and guidance on regulatory, charity and company law, strategic planning, collaborative working and major projects. Our expertise includes:

    • mergers and collaborative working;
    • group structures;
    • regulatory issues;
    • governance issues (including constitutional amendments);
    • strategic planning;
    • property acquisition and development including health centre developments and planning applications and appeals
    • employment law: all aspects of both contentious and non-contentious employment matters including, drafting and reviewing employment contracts and policies, addressing poor performance and misconduct, handling staff grievances, redundancy and restructuring, avoiding discrimination claims, protecting businesses through restrictive covenants and advising on TUPE transfers;
    • collaboration arrangements
    • healthcare regulations and the essential standards of quality and safety;
    • Local Authority contracts;
    • data protection;
    • service user agreements; and
    • challenging CQC decisions.

    Our health & social care experience

    Construction

    We have advised on the following health and social care construction projects:
    • Bingham Medical Centre, Nottinghamshire
    • Gelligaer Health Centre South Wales
    • Health Investor award-winning Moor Park Health and Leisure Centre, Blackpool
    • Crompton Health Centre Bolton
    • Birkenhead Medical Centre
    • Rhymney Integrated Health and Social Care Centre, Caerphilly
    • Fresenius Medical Care’s Independent Sector Treatment Centre developments across 12 NHS sites, inclusion new builds and refurbishment of existing NHS buildings and wards to create dialysis outsourcing facilities
    • Maria Mallaband Care Group’s Care Homes and Extra Care facilities, including Kingsbury Court Bisley, Wyndham Hall Bicester, Buckingham House Gerrards Cross, Chaucer House Canterbury
    • LIFT schemes for local health centre developments on government standard LeasePlus agreements (Birmingham and Solihull, Leicester, South Midlands)
    Contact our team

    Support for residents

    We regularly provide private client services in-house to health & social care organisations as an added value benefit to residents and their families, including:

    • wills and Inheritance Tax planning arrangement
    • Lasting Power of Attorney
    • probate and estate administration
    We also provide information sessions in health & social care facilities for residents and their families sharing best practice on what they should be considering as a vulnerable person.  We also tailor this information for staff briefing sessions so that health & social care staff are aware of what is available to residents.

    Knowledge & insight

    Legal Articles

    Minimum wage and working time for care providers

    In a case described by Unison as the “worst breaches of pay rules” it has ever seen, seventeen care workers have lodged ET claims for failure to pay the minimum wage brings the issue of care workers’ pay into the spotlight.

    Read more