John Grant Director from Goodman Grant Solicitors discusses the importance of bespoke written associate agreements.

If you were to study the legal test into whether someone is an employee or self-employed, you might quickly conclude that most dental associates are employees. The dental profession has quite frankly always enjoyed what can only be called a special dispensation from the Inland Revenue. In other words, the Revenue have not, as yet, challenged dental associates’ self-employed status. Although there is little sign of this changing at present, that is not to say it never will and it is certainly better to do what one can to protect oneself – not only against the Revenue, but also against claims of unfair dismissal by former associates

If there is no written associate agreement and a practice principle decided to terminate an associate’s contract, that associate could seek legal advice and if it was deemed that they were an employee, they could pursue a claim for unfair dismissal. This could then culminate into a sizeable compensation sum.

In addition, not only are there the risks of compensation claims, there are also tax implications. If the Inland Revenue were to pursue the case, it would be entitled to ask the principle to pay all tax that the associate should have paid as an employee over their entire period of employment. This is regardless of any tax the associate may have already paid.

Consider the criteria of the legal multiple test that is used to determine if someone is an employee or self-employed:

Personal service – does the servant have to perform the service personally or can someone else carry it out

In most associate’s agreements, the right to appoint a locum is provided – however in the vast majority of cases, it is limited and may only apply if the associate were away ill and even then, the appointment of a locum is usually subject to the practice owner’s approval.

Mutuality of Obligation- An obligation to do the work and an obligation to be paid for it.

The overall reality of a dental practice is that the principle or owner does introduce patients. Whilst many associate agreements state there is no obligation, the reality is that such an obligation does exist – otherwise principals would quickly find associates giving notice to leave the practice. When the work is complete, there is the obligation to pay the associate.

Control – how much control does the employer exercise over how the servant carries out their job?

Not only are there controls imposed by CQC, the NHS and the GDC, but in addition many written agreements stipulate that associates must comply with the practice policies and procedures – even to the extent of requiring associates to participate in practice appraisals.

Similarly, most large dental corporates go into great detail within associate contracts to explain exactly how the individual should perform the work, which I would submit is entirely contrary to the notion of associates being self employed. If they are required to attend team meetings and have to attend out of hours emergencies, this too suggests a degree of control that is most commonly found in an employee/employer relationship.

John Grant of Goodman Grant Lawyers for Dentists - a Past Chairman of ASPD

For more information call John Grant on 0113 834 3705 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

www.goodmangrant.co.uk
 

ASPD MEMBER

It is well documented and often discussed that the professional climate we work in at the moment is an unhappy one, and there is a lot of uncertainty and disharmony with the regulators and governing bodies.

Indeed a recent news report that suggested doctors and dentists should ‘snoop’ on colleagues to ensure they are not prescribing too many antibiotics made me question the amount of negative press the healthcare professions receive.[i] We have all heard about the dangers and concerns around the over-prescription of antibiotics and the inevitable antibiotic resistance crisis, and certainly action is required to counteract the rise in the unnecessary prescription of these medicines.

However, this report appeared to be yet another negative piece designed to make doctors and dentists worry about every move they make. Rather than galvanising the profession into action, the effect that this will have will be to encourage the opposite. Doctors and dentists soon won’t feel able to do anything at all because they’ll all be too frightened to do something wrong.

It’s interesting to note that there is so much negative press in the news towards doctors and dentists, and yet at the same time, a recent report from the NHS, a Summary of the Dental Results from the GP Patient Survey: July to September 2014, showed that the majority of NHS dental patients rate their care as positive.[ii] Indeed we hear more about the failures and mistakes and horror stories form the profession than the good news stories – of which I am sure there are many. To a certain extent this is to be expected, it’s how the national media works, but who is there standing up for us? Shouting about the amazing things UK doctors and dentist do on a daily basis? Yes there can be issues in dentistry around pricing and communication, as highlighted by the Which? report, but anything positive seems to get swept under the carpet.

Of course the GDC’s job is to regulate us, not to promote the profession. So who is out there actively advocating the good things about dentistry? Who is supporting better oral health and the excellent, tireless, often thankless work doctors and dentists do?

The national media is all too quick to vilify and denigrate the healthcare professions, when what we really need is a series of good new stories. Perhaps we should all stop and consider something amazing a colleague has accomplished lately; or an instance where someone has gone above and beyond the call of duty. Share this story with your peers and friends and maybe we can all start to spread a little good news.

For further information please call EndoCare on 020 7224 0999

Or visit www.endocare.co.uk

Dr Michael Sultan BDS MSc DFO FICD is a Specialist in Endodontics and the Clinical Director of EndoCare. Michael qualified at Bristol University in 1986. He worked as a general dental practitioner for 5 years before commencing specialist studies at Guy’s hospital, London. He completed his MSc in Endodontics in 1993 and worked as an in-house Endodontist in various practices before setting up in Harley St, London in 2000. He was admitted onto the specialist register in Endodontics in 1999 and has lectured extensively to postgraduate dental groups as well as lecturing on Endodontic courses at Eastman CPD, University of London. He has been involved with numerous dental groups and has been chairman of the Alpha Omega dental fraternity. In 2008 he became clinical director of EndoCare, a group of specialist practices.

If you want to stand out from the crowd, think about joining a professional academy. This shows your patients your ongoing commitment to education, an outstanding quality of service provision and dedication.

The academy that you choose will depend on the education avenues available, so ensure that you select one that suits your learning needs.

A worthwhile academy should offer the latest in education, career support, assistance to find more patients and value for money. The larger academies will hold an annual conference, featuring internationally recognised experts in the field so you can find out about techniques and developments from all around the world, but close to home.

It’s not what you know, but who you know

Another important aspect of attending annual conferences is networking – you can meet with old and current acquaintances and catch-up on their news. But, you also get to the chance to connect with new contacts and opinion leaders that have similar professional interests, too.

It is at some of the better conferences that you can get access to the speakers on a one-to-one basis. This allows you to seek valuable career advice, clinical case counsel, get suggestions on specialist courses to attend and hear their experiences with particular products and materials.

The most talked about conference of the year!

The most influential conference in the aesthetic dentistry calendar is no doubt the British Academy of Cosmetic Dentistry’s (BACD) Annual Conference in November. As always, the 2015 event it is expected to be one of the most talked about conferences of the year! For the last 12 years, the BACD has staged professional educational conferences that have attracted the most eminent of dental professionals offering their insights into their specialist topics.

This year the conference is titled, ‘The Aesthetic Equilibrium’ and it seeks to achieve harmony between biology, science, technical aspects, aesthetics and mechanics, as well as balancing the patient’s emotional, financial and clinical needs. By using the finest national and international speakers, the BACD hopes the topics will inspire you and offer an insight on how to achieve this balance.

There is something for everyone at the BACD Annual Conference – technicians as well as clinicians will find something to interest them on the programme, which has also been carefully designed to be relevant to all levels of experience.  

As a dental professional, you will never stop learning, or training to be the very best that you can be. As well as honing your skills, keeping up-to-date with the latest research, equipment and materials is essential. When you join an academy, its programme of events can offer you all this and more. Contact the BACD to find out more about Annual Conference, and the other education opportunities it offers its members. 

The BACD’s 12^th Annual Conference runs from 12^th - 14^th November 2015 at The Hilton London Metropole Hotel. Go to www.bacd.com, email Suzy Rowlands at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 0207 612 4166.

Dr Adyl Asani, principal dentist at TwentyOne Dental Clinic in Hove, has been using Impregum Impression Materials from 3M ESPE for over 15 years. “As far as I am concerned, it is the most superior impression material on the market,” he says. “I use it for all my indirect restorations and implant work.

“Currently, I am using Impregum Penta because I feel it reproduces the detail I need in my indirect preparations most accurately. Of course, I have used a variety of other impression materials over the course of my career, though none have provided me with the stability, accuracy and level of detail that Impregum has.

“It has ideal flow properties which means I can ensure the first impression I take is the only one I need. The flowability reproduces even the most minor details and the hydrophilic properties exhibited by Impregum guarantee excellent accuracy every time. In addition, I don’t experience drags or airblows in my impressions.”

Dr Asani uses the Pentamix Automatic Mixing Unit from 3M ESPE to ensure an efficient process. “It allows ease of mixing and handling,” he says. “Messy hand-mixing is now something from a bygone age.

“While the setting time of the Impregum is slightly longer than others, my patients readily accept that if I am to give them extremely accurate and stable restorations, a couple of extra minutes in their mouth is insignificant.

“I would have no hesitation in recommending Impregum to other practitioners if they are looking to provide their patients with the best possible accuracy and marginal fit of their indirect restorations.”

Discover the qualities of Impregum Penta Impression Material and the Pentamix Automatic Mixing Unit from 3M ESPE for yourself today.

For more information, call 0845 602 5094 or visit www.3Mespe.co.uk