Dental Bulletins

Employment Tribual rules Care Home Worker Not Unfairly Dismissed for Refusing Covid-19 Vaccine

The Employment Tribunal has considered the first of a tranche of anticipated claims for unfair dismissal, as a result of businesses implementing a mandatory covid-19 vaccination policy. In this case the tribunal determined that the employee had NOT been unfairly dismissed for refusing to be vaccinated. Whilst the Respondent in this case was a nursing home for the elderly, the decision to...Read More

Mandatory vaccination for NHS and health care staff? Judicial review and legal analysis

An application for judicial review has already been brought before the High Court by a number of workers within the care home sector, seeking to challenge a similar ‘vaccine mandate’ to the one debated today. Read More

Healthcare works: no jab, no job

On 22nd July 2021 the Government passed legislation that will make it compulsory for care home workers to be vaccinated as from 22nd November 2021. Given the low take up of the vaccine amongst care home staff; the risk COVID poses to the vulnerable; and the impending flu season; the Government are clearly eager to take action to protect those most at risk from Covid-19. However, this...Read More

Dental Practices be prepared – Cases of Non-Delegable Duty are on the Rise.

The recent spate of legal claims by patients against dental practices, as opposed to individual dentists, heralds a change in approach by the law firms that typically represent disgruntled patients, seeking compensation. The High Court handed down a judgement yesterday in the case of Hughes v Rattan. This case confirmed that a dental practice owed an independent, non-delegable duty of care...Read More

Menopause; Guidance for employers

The menopause: despite it affecting half of our population at some point in their lives it is rarely talked about, especially in the work place. However, for 1 in 4 women the effects of the menopause can be debilitating at times. As an employer, you have various duties including making adjustments for those with a disability and adhering to health and safety legislation. Given the issues...Read More

Business Interruption Insurance and Infectious Disease Clauses

In January 2021 the Supreme Court’s judgment in respect of business interruption insurance was a lifeline to many business across the country. However, as part of those test cases, the court was not asked to consider clauses where infectious diseases were defined. This left many still having to battle with insurers for a pay-out. A recent decision in the High Court has clarified the...Read More

When is a practice owner liable for the acts of its associates?

On 19th April 2021 Cardiff County Court handed down its decision in Breakingbury v Croad. The dental community was naturally concerned about how this case would affect them, and in particular whether it would affect the employment status of associates. This case has not changed the legal parameters in which you work in any way. However, the recent Uber decision might have.   In...Read More

Can Dental Practices Enforce Mandatory Covid Vaccinations for their staff?

Dental practices and all the staff that work in them are eligible for early vaccination under the Government’s Covid-19 vaccination programme. The question now arises, what can practices do if members of their team decline to take the vaccine?   As dental practices owe a duty of care to both their patients and their members of staff, it is now necessary for practice principals to...Read More