Pharmacy Employment Issues

Locums are vital to community pharmacy, but arrangements must be carefully managed. We advise on:

• drafting clear locum agreements
• determining whether locums are genuinely self-employed or workers
• resolving disputes over pay, holiday entitlement, or employment rights
• managing locum performance without creating unintended liabilities

A well-drafted contract not only protects your business but also reduces the risk of regulatory problems if locum practice is called into question.

Employment problems in pharmacy can raise wider risks. Allegations of misconduct, poor performance, or dishonesty may trigger regulatory investigations as well as disciplinary procedures.
We help employers by:

• guiding investigations to ensure fairness and compliance
• preparing disciplinary hearings and outcomes
• managing appeals and grievances
• aligning employment action with regulatory obligations

For employees, we provide advice and representation if you are facing disciplinary action, suspension, or dismissal.

Pharmacy whistleblowing cases often involve patient safety, controlled drugs, or concerns about fraudulent claims. These cases are highly sensitive.
We advise both employers and employees on:

• what counts as a protected disclosure
• how to handle whistleblowing fairly and lawfully
• protecting whistleblowers from retaliation
• defending businesses against unfair or malicious claims

Handled badly, whistleblowing disputes can escalate into regulatory scrutiny or litigation. Our role is to protect your position while ensuring compliance with the law.

When pharmacies are sold or transferred, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply. This means employees usually move to the new business on their existing terms and conditions.

We guide both buyers and sellers through:

• identifying which employees are covered by TUPE
• consulting staff properly during the process
• managing pension and contractual obligations
• avoiding disputes or claims after the transfer

Because pharmacy sales also involve NHS and GPhC approvals, we coordinate employment advice with the wider transaction process.

Employment disputes can arise in any business, but in pharmacy they may carry added risks. We regularly advise on:

• grievances and workplace disputes
  
• discrimination and equality claims
  
• unfair dismissal
  
• redundancy and restructuring
  
• settlement agreements to resolve disputes amicably
  

Where needed, we represent clients in Employment Tribunal proceedings.

Our experience includes:

• Drafting a suite of locum agreements for an independent pharmacy group.
  
• Advising on disciplinary proceedings against a pharmacist where conduct concerns also triggered GPhC scrutiny.
  
• Supporting a whistleblowing investigation in a multiple pharmacy business.
  
• Handling TUPE transfers during the sale of several community pharmacies.
  
• Representing a pharmacy owner in defending an Employment Tribunal claim from a former locum.