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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I retired from General Practice on 31.12.2015.I was single

Resolved Question:

I retired from General Practice on 31.12.2015.I was single handed with 9 part time staff
In June 2015, NHS England informed me that my practice list of 2123 patients would be dispersed. The LMC informed me at the same time that the local GP in the same village was not interested in taking on my staff and he did not wish to negotiate and staff take over with me.
With this information in mind I went through a formal redundancy process with my staff in October 2015 and calculations of redundancy payments were made by my accountant.My staff received P45's on 31.12.2015 and redundancy payments totalling on 28.4.2016 ( I could not afford to pay them before this time)
On December 31st I retired and 95% of my list was transferred to the other local village GP by NHS England. The local GP also took on (under new terms and conditions) 8 members of my staff approaching them individually in late December 2015.
I realised after research that TUPE did apply as the GP not only got 95% of my patients but also 8 out of my 10 staff.
I felt misinformed by NHS England and ask for compensation against their advice from June 2015. Practice list dispersal in June 2015 became practice list transfer in December 2015.
Who should I make my formal complaint to, ?? the Ombudsman, ??NHS England or both. I cannot afford legal representation through a solicitor as I realise that it will mount up.
Thank you for your advice
Dr ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
It is unlikely that the Ombudsman can hear this complaint as they are there to protect individuals for issues with the services they have received from health organisations. So for example it is for the patients you would have looked after, in the event that they were unhappy with your services. You have nothing to lose by approaching them and checking if they can help but I would be very surprised if they do. So your complaint would mainly be against the NHS for the negligent advice they had given you or for misleading you into this. It is a matter of negligence really and whilst you would initially be expected to deal with this directly with them, if the matter remains unresolved your only option would be for legal action against them to recover the compensation you are after. I understand you wish to avoid using lawyers for this and you do not have to, for example you are perfectly entitled to make a claim yourself without any legal involvement. Also there may be a way of finding a solicitor who could take this on a no win no fee basis but there has to be a relatively strong case for that and until you see a solicitor in the first place to conduct a formal case analysis to determine that you will not know. So you will have to ‘shop around’ to find such a deal, if one is possible. So start off with a formal complaint against the NHS itself and take it as far as you can. In the meantime contact the Ombudsman just to ensure that they are probably unlikely to help but at least you can then tick that box off. Finally, you may have to consider the legal route, either by doing it yourself or by trying to find a lawyer which is affordable to you, perhaps under a fee arrangement as discussed. This is your basic legal position. I have more detailed advice for you in terms of the next steps you should follow if you wish to commence the legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you, ***** ***** take up the case against NHS England in the first instant and come back to you for further advice. Could you leave me an email address or do I need to go through the same channels as today?
Expert:  Ben Jones replied 1 year ago.
We can only communicate on here I'm afraid so if you need to get hold of me just post a query in the same way you did today but start it with 'for Ben Jones' Thank you
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. In the event you wish to consider taking this further yourself, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.