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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Partnership agreement. Clause states: A decision may be made

Customer Question

Partnership agreement. Clause states: A decision may be made to suspend a partner who has been felt to have carried out personal misconduct or where an internal investigation is required for perhaps a grievance, the expense of the locum shall be born by the suspended partner.
this appears a litle wooly to me and I would value you opinion
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if this is a GP partnership agreement or something else please?

Customer:

Yes it is a GP partnership agreement , however I am a non clinical partner

Joshua :

Thank you. Does the partnership agreement refer to how the partner may be suspended - i.e. draw a distinction between a decision by the partners to suspend a GP and a decision by the primary care regulator / GMC?

Joshua :

Does the partnership specify how decisions can be made by partners - e.g. simple majority votes etc?

Customer:

If I copy in the supension clause will that help?

Joshua :

Please do.

Customer:

Suspension clause 1 state where a partner is suspended by the NHS/GMC tribunal or otherwisw, that suspended Partners Drawings shall be reduced by the cost of an external locum to the Practice, where the NHS board has determined that an external locum is neceesary in thecircumstances or in the absence of such determination where unanimously agreed by all the remaining partners.

Customer:

clause 2 reads WHere a paretner is suspended by the NHS/GMC tribunal or otherwise the Partnership will bear the full cost of a Locum, or having received a payment from the NHS board or insurer, shal make up any shortfall

Joshua :

Thanks. Suspension clause 1 appears to my mind to be satisfactory save that the partners may consider a further provision for the suspended GP to indemnify the partners in respect of locum costs - this would cover the partners in a circumstance that the suspended partners drawings were not sufficient to cover the locum fees.

Joshua :

Clause 2 on the face of it appears to me to be ambiguous. My assumption is that the partners intended that clause 2 was to confirm a decision made between them that in the event of one of the partners being suspended the partnership would pay the cost of a locum to ensure continuity of service. If my assumption is correct then consideration may be given to adding the words "Subject to Suspension Clause 1" at the beginning of Clause 2 - obviously Suspension Clause 1 being replaced with the actual clause number of SC1 in the partnership agreement.

Joshua :

Otherwise in general terms the suspension clauses appear to be in line in BMA recommendations for GP partnership agreements.

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Just clarity for clause three as I suspect that this is only meant to apply to me. Clause 3

Customer:

States a decision may be made to suspend a partner who has been felt to have carried out personal misconduct or where an internal investigation is required for perhaps a grievance. The expense of a locum shall be born? (borne ) by the suspended partner. Thanks

Joshua :

Just to be clear - this is a third suspension clause?

Customer:

yes

Joshua :

Thanks. The only issue I would highlight in relation to this clause is that no qualification on the number of partners required to decide to suspend a partner (therefore presumably it is a majority only); in addition consideration should be given as to whether a suspended partner suspended as a result of an internal process should be liable for a locum regardless of the outcome of that process or only in the event that a complaint is upheld against that partner. The present clause could potentially allow a unfair situation where a partner is suspended for spurious reasons which are subsequently not upheld on investigation but nevertheless being out of pocket for locum expenses.

Joshua :

There is no right or wrong decision - providing it has been considered by the partners and the above is their intention.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

will i have this conversation to print at the end Joshua

Joshua :

You can either copy and paste it into a document or I can ask customer services to assist you and email it to you. It will also be available from your customer home page on the justanswer site. Would you like me to ask customer services to assist with this?

Joshua :

Is there anything else I can help you with?

Customer:

nothing else but to say thank you again. I don't thinks i waited long enough for your rating to go through,sorry.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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