Major Changes to Physician Associate Roles Following Leng Review: What NHS Practices Need to Know
The recent publication of the Leng Review has included recommendations which require significant changes, specifically around the role of Physician Associates.
What has the Leng Review said about Physician Associates?
The Leng Review has prompted comprehensive reforms to the role of Physician Associate. One of the most significant changes is the required transition from “Physician Associate” to “Physician Assistant.” (PA)
The new “Patient Associate” title aims to clearly distinguish these professionals from qualified physicians whilst reducing patient confusion about qualifications and scope of practice.
NHS England has since written to all practices informing them that they must comply with the recommendations.
The Leng Review has also changed the types of patients that a Physician Assistant can treat independently. These changes represent a substantial shift in professional responsibilities and patient allocation, fundamentally altering the job role of the Physician Associate.
What has NHS England said about Physician Associates or Physician Assistants?
NHS England has issued formal communications to all GP practices outlining the mandatory implementation of these changes, stating that they “expect employers to …accept and implement the recommendations.”
In relation to the change in job title NHS England has said “with immediate effect, please adopt terminology as recommended in the review.”
The letter also reinforces that the changes to job role should be adopted immediately.
Are there any risks to adopting the recommendations?
Yes. There are risks to enforcing these recommendations.
Speaking plainly, forcing either or both of these changes could amount to a constructive dismissal. But how?
Where an employer unilaterally varies a contract, or in plain English, forces a change to key terms of the contract onto an employee, they could be entitled to resign and bring a claim for constructive dismissal (a type of unfair dismissal). Even where the change is mandated by NHS England.
In order to avoid such a claim employers would be expected to meaningfully consult with affected staff in relation to these changes and obtain consent from the affected employees prior to implementation. If the employee does not consent there are additional steps that will need to be taken.
Conclusion
The recommendations must be adopted, however employers need to be cautious about how they are implemented, whilst of course balancing their obligations to NHS England. Employment Law Solutions are experts when it comes to complex matters such as this. Want to know how we can help you navigate these challenges…contact us here.
