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Healthcare
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NHS Software Dominance Scrutinised Amid US Labour Lawsuit

By
Distilled Post Editorial Team

Andrea Hull spent eleven and a half years working for Epic Systems and its staffing subsidiary Boost, rising from project management in Wisconsin to representing the company before European governments. When she left in March to join Abbott, in a customer-facing role that would help integrate Abbott's diabetes technology with Epic's own platforms, the company that trained her decided she could no longer be trusted with the credentials that job required. Within weeks she was denied the individual account needed to attend Epic's conferences, consult its technical documentation and maintain her certifications. Her new employer, dependent on Epic for its own commercial relationship, pulled her from customer trips and told her not to speak to hospitals that run Epic's software. She has, in effect, been locked out of the profession she spent a career building, not because she breached any duty of confidentiality, but because Epic's employment contracts and customer agreements are written to make that possible, and because California law says they should not be enforceable at all.

The complaint filed against Epic on 24 July reads like an American labour dispute. Read differently, it is a case study in what happens once a single technology vendor becomes structurally unavoidable in a market, and the NHS is a very good place to test that idea, because Epic is no longer a distant American company to English hospital boards. It now runs the electronic patient record at roughly twenty NHS trusts, from Guy's and St Thomas' to Manchester, and in March four trusts across Dorset and Somerset signed a decade-long, £222 million contract to bring it to a fifth region. Andy Burnham's government, through the new health secretary Yvette Cooper, inherits a Streeting-era ambition to reach full electronic record coverage across England by the end of this year, and Epic's momentum in winning neighbouring trusts once one region adopts it means that ambition increasingly has one name attached to it.

What the Hull complaint exposes is the labour-market dimension of that dependence, which procurement teams tend not to price in. Epic's contracts allegedly bar former staff from working for a long list of named competitors, from taking roles at Epic's own customers in any capacity touching its software, and from joining consultancies that partner with the company, all enforced through the credentials Epic alone issues. Whether or not any of that could be replicated under English contract law, and it largely could not, the underlying mechanism translates directly. NHS trusts are training an entire generation of chief digital information officers, informatics leads and implementation managers whose expertise is Epic-specific, whose certifications are Epic-issued and whose professional standing depends on continued access to a system one company controls. A workforce that specialised has limited leverage and limited mobility regardless of what any contract says, because the skills themselves are proprietary to the vendor that taught them.

This ought to matter to people well beyond the litigation. For NHS boards it is a governance question sitting alongside the more familiar worries about the Federated Data Platform and Palantir: who trains your staff, who certifies them, and what happens to service continuity if the relationship with the supplier sours. For the Department of Health and Social Care it bears on future procurement, since a market this concentrated gives any single vendor leverage over price, over interoperability standards, and now, it appears, over the career paths of the people who operate the systems. For life sciences and health-tech firms trying to build products that sit alongside Epic, it is a reminder that competing honestly may still mean competing against a company that can shape who is available to hire.

All of this does not imply that Epic will act improperly in Britain, as the complaint claims it has in California. It means that a health system moving quickly toward a single dominant EPR supplier should look closely at what dominance elsewhere has produced, before the dependency becomes as difficult to unwind as Ms Hull is finding her own contract to be.