Pimlico Plumbers case; a spanner in the works for self-employment?
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
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GDPR; do I need a DPO?
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 dental 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...Read More
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Self-employed dentist status: is the gig finally up for associates?
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
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Telling tales or doing the right thing? When should you report a colleague to the GDC?
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 statistics. This is a conscious decision on their part. In...Read More
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King v Sash Windows; could a bill for 20 years back dated holiday pay land on your desk?
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 self-employed contract and...Read More
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Does TUPE spell trouble for NHS dental contracts?
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 another business to...Read More
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The CQC duty of candour; being open, honest and transparent
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 prosecution. It is...Read More
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Is your dental practice ready for GDPR?
DENTAL BULLETIN, ISSUE 61 What is the GDPR? The GDPR is a new set of rules which will apply to all organisations that collect or retain personal identifiable data from any European individual. The idea behind it is to standardise data privacy laws and mechanisms across industries, and to ensure that fundamental rights of individuals are protected in today’s increasingly data-driven digital...Read More
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Fitness to Practice; who’s on the GDC’s naughty and nice lists?
DENTAL BULLETIN, ISSUE 60 The numbers The GDC’s own statistical analysis shows us: Source: GDC 2017 – Men are more likely than women to be involved in FTP cases. – Dentists who have taken the ORE are less likely than those qualified in the UK to find themselves involved in FTP proceedings. – However, those from the EEA were more likely to come before the GDC. Of 182...Read More
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No one is above the Law; who can sue the GDC?
DENTAL BULLETIN, ISSUE 59 Dr Michalak was employed by the Mid-Yorkshire Hospitals until she was dismissed in July 2008. She complained that she had been discriminated against in the course of her employment. Pending the result of the action she brought against her employer, disciplinary proceedings were brought against Dr Michalak in relation to the care of patients and her behaviour towards...Read More
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