Ethics and Conduct Policy
TLB Medicals Limited is committed to operate all its activities within the letter and spirit of the laws and regulations governing its business, employees, data contributors and authorised users.
This policy details the standard of conduct and the professional behaviour we must at all times adhere to.Scope
This Ethics & Conduct Policy applies to all employees, authorised users and data contributors of TLB Medicals Limited, and must be complied with at all times.
The objective of this policy is to prescribe the requirements for complying with this Ethics & Conduct Policy, which has been implemented, by employees, authorised users and data contributors.
All employees, authorised users and data contributors must at all times conduct themselves in accordance with all professional regulatory standards that TLB Medicals Limited is subject to. This policy will describe the controls in place to ensure compliance with this standard.Standards
The standards of conduct, performance and ethics we must keep to are as follows:
- Act in the best interest of the Claimant;
- Respect the confidentiality of the Claimant;
- Keep high standards of personal and professional conduct;
- Provide any appropriate third party users important information regarding conduct or competence;
- Keep our professional skills and knowledge up to date;
- Keep accurate records;
- Behave with integrity;
- Comply with the relevant Civil Procedure Rules, Practice Directions and protocols;
- Comply with all appropriate regulation and agreements.
The Standards of Conduct & Ethics
1. Act in the best interest of the Claimant
Each case involves an injured Claimant. We will not allow our views about a Claimants sex, age, colour, race, disability, sexuality, social or economic lifestyle, culture, religion or beliefs to impact on the way that we deal with each individual Claimant.
We will maintain and uphold our professional standards at all times when dealing with the Claimant.
While TLB Medicals Limited has no wish to interfere in any employees outside activities; TLB Medicals Limited has a policy of prohibiting conflicts of interest. TLB Medicals Limited requires that employees (and their immediate family, namely, spouses and family living in the same household) not have ownership interests in, or own property with any of TLB Medicals Limited vendors, suppliers, contractors, agencies, customers, or competitors (or their office employees) unless TLB Medicals Limited determines that such ownership interests does not conflict with employee’s obligations to TLB Medicals Limited.
2. Respect the confidentiality of the Claimant
We will always treat information about the Claimant as confidential and use it only for the purpose for which they have provided it. We must not knowingly release any personal or confidential information to any party who is not entitled to it and we will check that parties who ask for the information are entitled to it.
We will always keep to the conditions of the Data Protection Act 2018 and always follow and keep up to date with best practice for handling confidential information.
3. Keep high standards of personal and professional conduct
We will always maintain high standards of both personal and professional conduct so as to ensure that the general public and all other Authorised Users, Data Contributors and Accredited Experts will have confidence in us as an Authorised User, Data Contributor of MedCo or as an Accredited Expert and our actions should not undermine confidence in the MedCo Service.
4. Provide any important information about our conduct and competence
We will advise appropriate third party users including MedCo immediately if we have important information about our conduct or competence, or about the conduct or competence of any other appropriate third party users including; Authorised Users, Data Contributor or Accredited Experts which comes to our attention. We will advise appropriate third party users including MedCo immediately if we or any Authorised Users or Data Contributor or Accredited Expert or third party users are:
- Convicted of any criminal offence, receive a conditional discharge for an offence or accept a police caution;
- Disciplined by the relevant professional regulator;
- Suspended or placed under a practice restriction because of concerns about our conduct or competence or the conduct or competence of any Authorised Users or Data Contributor or Accredited Experts;
- If we or any Authorised Users or Data Contributor or Accredited Expert is declared bankrupt, entered into any individual voluntary arrangements or had a County Court Judgement issued against us or any Authorised User or Data Contributor or Accredited Expert;
We are aware that regulatory bodies including MedCo will investigate the circumstances of any report into conduct and competence in light of this policy, the Agreement, the terms of the qualifying criteria and/or our accreditation and will take action.
5. Keep our professional skills and knowledge up to date
All employees, authorised users and data contributors should at all times ensure that professional skills, knowledge and performance are of good quality, up to date and relevant to our scope of practice and data protection requirements.
6. Keep accurate records
Accurate records should be maintained of all engagement with the Claimant and on all aspects relating to the use of the MedCo service and any other service that TLB Medicals Limited provide.
7. Behave with integrity
All Employees, Authorised Users, Data Contributors and Accredited Experts will be expected to behave with integrity at all times. This covers their dealings with Claimants, MedCo and other Authorised Users, Data Contributors and Accredited Experts.
This will include (but is not limited to):
- Making full and frank disclosure of any Direct Financial Link that one MedCo Authorised User may have with a Data Contributor or Direct Medical Expert (or vice versa) and keeping that disclosure updated if there are any changes;
- Ensuring that Referral fees are not requested, paid or received in breach of the Legal Aid Sentencing and Provision of Offenders Act 2012;
- Not providing any misleading information in their dealings with MedCo;
- Not engaging in any other practice that would undermine the public confidence in MedCo, the Service, Authorised Users and or Data Contributors and or Accredited Experts.
8. Comply with the relevant Civil procedure Rules, Practice Directions and Protocols
Authorised Users, Data Contributors and Accredited Experts will ensure that they are up to date with all relevant provisions and that the provisions are adhered to. This will also include making the relevant fraud checks required by the RTA protocol.
The management team will verify compliance to this policy through various methods, including but not limited to, periodic walk through, business tool reports, internal and external audits, and feedback to the policy owner.
9. Comply with the Medco Rules and the Agreement
Employees, Authorised Users, Data Contributors and Accredited Experts will ensure that they are familiar with the terms of their relevant agreements and the MedCo regulations were applicable, and ensure that these are adhered to. Any revisions will be published and Employees, Authorised Users, Data Contributors and Accredited Experts should familiarise themselves with any updated versions of MedCo or any other regulations. MedCo has also published Guidance as to how it will interpret the Qualifying Criteria. Such Guidance will form the basis of audits of MedCo Data Contributors and all MedCo Data Contributors should familiarise themselves with and act in accordance with that Guidance as updated from time to time.
Ethics and conduct policy framework
1. TLB Medicals Limited will ensure compliance with its ethics policy by conducting its business in accordance with each standard within the policy and not conducting any activities that may constitute a contravention of any of the standards.
2. The Ethics policy is incorporated into the ethos and day to day running of all our operations, and periodic risk assessments/gap analysis of our activities compared to the standard will be carried out. This will identify any shortcomings and/or any contraventions of the standard.
3. Where any potential actions might contravene the Ethics & Conduct Policy, a full evaluation will be carried out to consider whether the potential action would be a breach of the policy and if appropriate compliant action will be taken.
4. TLB Medicals has adopted a framework to evaluate all ethical decisions. This framework must be documented, including details of the names and job titles of the individuals who were involved in the final decision together with the dates of the discussion. The framework to be followed in this process is:
- Recognising an Ethical Issue: To identify the specific ethical aspect of the issues at hand and the conflict with the Ethics Policy.
- Consider the Parties Involved: Identify the various individuals and groups who may be affected by the action/decision. Who may be harmed or benefit by the decision.
- Gather all the Relevant Information: Prior to taking any action, ensure that all pertinent information has been obtained and all potential sources of information have been consulted.
- Formulate Action and Consider Alternatives: Evaluate the decision-making options by considering the Ethics Policy and the rights of those individuals involved.
- Consider the options predominantly in ethical terms rather than in legal or commercial terms. As a course of action that may be legal or commercially viable may not necessarily be ethical.
- Consider how any action that we propose to take are consistent with:
- All the MoJ’s stated policy objectives;
- Maintaining confidence in the MedCo service;
- Our Ethics & Conduct Policy.
- Make a decision and Consider it: Following a review of the information and the options available to determine the appropriate course of action to address any conflict with the Ethics Policy.
- Act: Implement the course of action.
- Reflect on the Outcome: Evaluate the outcome of the decision taken and the consequences of the same. Reviewing both intended and unintended consequences.
5. Within our on-going review and audit process to ensure identification of ethical issues the following will be specifically monitored:
- Multiple registrations for each and every MRO connected to another.
- Business models/ownership structures designed to circumvent MOJ/MedCo objectives including:
- Companies under common control not operating independently;
- Standalone MRO’s operated by different members of the same family;
- Disproportionate business growth due to registration as High Volume National Status rather than business competency.
- Acquisition of another MRO to boost share of instructions received;
- Aiding by any means organisations not registered with MedCo as MRO to act as or be perceived as an MRO registered with Med Co.
6. Employees, Data Contributors, Authorised Users
- Employees are provided with an initial induction and on-going training to ensure compliance with our ethical policy and values. The employees will sign an acceptance form to confirm training and acceptance of these core values and their obligations to maintain the same. These will form a part of the employment contract.
- Employees are actively encouraged to report any potential conflicts or violations of the ethical code to management.
- Data Contributors and Authorised users will have to enter into service contracts which will emphasise their obligations under the ethical policies of TLB Medicals Limited.
- TLB Medicals will periodically review performance and conduct of employees, data contributors and authorised users to ensure compliance with the ethical code.
- Any failure by employees to abide by the ethical policies of TLB Medicals Limited and/or fail to report any potential conflicts will result in immediate disciplinary action.
- Any failure by a Data Contributor or Authorised User to abide by the ethical policies of TLB Medicals Limited and/or fail to report any potential conflicts will result in immediate termination of the contractual relationship.
TLB Medicals Limited will undertake an annual review of the Ethics & Conduct Policy and the accompanying framework to ensure its effective operation across the business.