On 13th August 2018 the Court of Appeal handed down its decision in the case of Dr Bawa-Garba v the General Medical Council. The GMC had successfully appealed against the decision of the original Medical Practitioners Tribunal not to erase Dr Bawa-Garba, but to suspend her from practicing for 12 months. The Court of Appeal upheld the original sanction, ruling that erasure was not appropriate...Read More
On 5th July 2018 we wished the NHS a happy 70th birthday. However, rather than rejoicing many are concerned at what can be done to save an NHS clearly in trouble.
In March 2018 the BDA criticised the increase in NHS dental charges, estimating ‘patients will be contributing a full third of England’s NHS dental budget by 2020’. The increase also meant that 11,000 patients choose to...Read More
In recent years the courts have been awash with cases in respect of worker status. With the rise of the gig economy, companies are taking advantage of those who want a more flexible way to work by offering ‘self-employed’ contracts. But is this being done at the expense of basic employment rights?
It is often the most vulnerable that are affected by the imbalance of power in such...Read More
On 25th May 2018 all ‘public authorities and bodies’ will need to appoint a Data Protection Officer (DPO) in order to meet the requirements of GDPR. This means that any dental practice with an NHS contract must have a DPO in place.
A number of professional bodies have been lobbying Parliament in an attempt to have dental practices excluded from this requirement, due to the huge burden it...Read More
On the 20th April 2017 HMRC updated their ‘Internal Status Manual’ regarding the employment status of dentists. This made clear that where dentists are practicing as associates in premises owned and run by another dentist and are subject to a BDA or DPA approved associate contract, and the terms are followed, then the associates income will be assessed under ‘trading income rules’ and not as...Read More
Fitness to practice proceedings are extremely stressful for any medical professional. Perhaps this is best evidenced by the report prepared by the GMC in 2014. It found that between 2005 and 2013, 114 doctors died during fitness to practice proceedings, of these, 28 died of suicide or suspected suicide. The GDC do not record similar statics. This is a conscious decision on their part. In...Read More
DENTAL BULLETIN, ISSUE 65
Over the last few weeks myself and Laura Pearce have been traveling around the UK lecturing on the General Data Protection Regulations and how they will affect dentists when they come into force on the 25th May 2018. In the general maelstrom of GDPR, one question that keeps being asked relates to the security and retention of patients’ clinical records....Read More
DENTAL BULLETIN, ISSUE 64
On 29th November 2017, the European Court of Justice (ECJ) handed down its decision in the case of King v Sash Windows. It is another case in a long line on holiday pay and has opened the flood gates for workers to claim unpaid holiday dating back years.
Why is this relevant to dental practices?
At present most associates are working under a...Read More
DENTAL BULLETIN, ISSUE 63
The Transfer of Undertaking Regulations, or TUPE for short, offers enhanced protection for employees who transfer from one business to another. It is an extremely complex and confusing piece of legislation. Here we set out the key principles to help you better understand when it might apply.
What is TUPE?
TUPE requires a business that is buying...Read More
DENTAL BULLETIN, ISSUE 62
When the CQC comes to inspect your practice, they will be looking to see if you are complying with the duty of candour. You therefore need to show you have policies and practices in place that meet this requirement.
However, it doesn’t end there. The duty of candour is also a legal requirement and if breached your practice could be open to criminal...Read More