Class Action Might Offer Extra Pay For Associates
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- Published: Friday, 21 October 2022 08:07
- Written by Peter Ingle
- Hits: 1660
After substantial payouts for bank customers who were miss sold PPI, and the current actions on behalf of misled diesel car buyers, associate dentists could be the next in line for big compensation payments.
Law firm Leigh Day is launching a worker’s rights claim on behalf of Associate Dentists which aims to get them compensation for unpaid holiday time, and establish entitlement to holiday pay in the future. This is not a new field for the firm who already represent thousands of UK car owners seeking compensation from car companies, following dieselgate and subsequent revelations. In the area of workers rights they represent drivers for companies such as Addison Lee and Bolt, who also seek holiday pay, as well as a guaranteed minimum wage.
In 2017 drivers were recognised at an Employment Appeal Tribunal as workers, and earlier this year came a key judgement for dentists. As reported on GDPUK, Mrs N Sejpal an associate dentist working for a corporate sought confirmation of worker status, and in June a tribunal ruled that this might be the case. Mrs N Sejpal v Rodericks Dental Ltd: [2022] EAT 91 - GOV.UK (www.gov.uk)
While the final outcome is still to be arrived at, Leigh Day believe that there is a strong case that associate dentists are workers. This would then make them entitled to back payments for unpaid holiday pay for the duration of their latest associate contract. It would also establish an entitlement to 28 days paid holiday annually.
The implications for general dental practice, should this action be successful, are huge. The press release headline that associates could be entitled to up to £20,000 in compensation is credible, indeed, some long serving associates might have higher claims. Combined with the likely clawbacks looming for many NHS contractors, and acute inflationary pressures, these are sums that could tip many practices over the edge.
While eventually associate percentages may be adjusted to reflect the added cost to the business of providing holiday pay, there is currently a severe shortage of associates. The accumulated sums owed to associates may also have an effect on some corporate business models and will add a further consideration when practices change hands.
Of course, not every class action is successful, and a large proportion of dentists continue to work as associates, despite decades of argument about their exact status. However, as in other cases, Leigh Day are acting under a “no win-no fee” arrangement. Their pay day in the form of 25% plus VAT of clients compensation, will only come with a “win”. While some associates may enjoy a windfall, there will also be losers in the wider dental world.
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