Lynne Abbess, a partner at specialist law firm Hempsons, said GPs should start thinking about the management support they might need when they take on commissioning.

Ms Abbess said the ‘obvious’ option is for GPs to take on PCT commissioners, but said if they are transferred under Transfer of Undertakings (Protection of Employment) regulations (TUPE), this could create workforce and financial problems for consortia.

She said: ‘It is worth taking good PCT commissioners in under TUPE. It is a positive thing to do. TUPE will apply if the consortia take over activity carried out by the local PCT.’

‘But GPs need to understand that TUPE operates like an act of God and they may also have to take on people that they don’t want.’

Ms Abbess warned that if PCT commissioners are transferred under TUPE arrangements, GPs could be liable to pay the total employment term for that individual if they have to make them redundant further down the line.

Ms Abbess said there were other options, such as bringing in PCT staff from other areas, which could mean they were effectively new employees.

She also suggested GPs could consider bringing in people who have dealt with procurement in a different context, or using private companies with the skills and infrastructure already in place.

Read additional GPC comment on this story here.

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