Overview
We outline the essential steps and considerations for dental practice owners to navigate these situations effectively. Failure to follow these procedures can lead to significant legal and financial repercussions.
This page gives a summary of the most frequently asked questions we receive on this subject. Members can also log in to read the full guidance. Extra, Expert or employed Essential members can access unlimited one-to-one tailored advice via phone or email.
Contents
- Overview
- Be fair and clear about your rules
- Start informally
- Establish the facts
- The disciplinary hearing
- Imposing disciplinary action
- Right of appeal
- Unfair dismissal
- Settlement agreements
Frequently asked questions
When is dismissal appropriate in a dental practice?
Dismissal should be considered when there is a valid and lawful reason, such as gross misconduct, poor performance, redundancy, or statutory restrictions like loss of professional registration. It's essential to ensure that the reason for dismissal is both fair and substantiated to avoid legal repercussions.
What are the valid grounds for dismissal in dental practices?
Valid grounds include gross misconduct (e.g., theft, fraud), poor performance (e.g., consistent failure to meet job requirements), redundancy (e.g., role no longer needed), and statutory restrictions (e.g., loss of professional registration). Each case should be assessed individually to ensure fairness and legality.
How can I ensure the correct termination process is followed?
Adhering to the ACAS Code of Practice is crucial. This includes addressing issues promptly, conducting necessary investigations, informing employees of the issue and allowing them an opportunity to respond, holding meetings with the employee (allowing them to be accompanied), and providing the right to appeal against decisions. Failure to follow these procedures can lead to increased compensation awards in case of claims.
What are the consequences of not following the ACAS Code of Practice?
Non-compliance can result in an uplift of up to 25% in compensation awards if the failure is deemed unreasonable by an employment tribunal. This means that even if a dismissal is substantively fair, procedural failures can render it unfair and costly.
What are the key principles of a fair disciplinary procedure?
The ACAS Code outlines essential principles:
- Promptness: Address issues without unreasonable delay.
- Investigation: Conduct a thorough investigation to establish facts.
- Notification: Inform employees of the allegations and provide an opportunity to respond.
- Representation: Allow employees to be accompanied at meetings.
- Appeal: Offer a right to appeal decisions.
How can a dental practice ensure compliance with disciplinary procedures?
Establish clear policies, provide regular training for managers, keep detailed records of all disciplinary actions, apply policies consistently, and consult with employment law specialists when necessary. Implementing these practices helps manage disciplinary matters effectively and ensures compliance with legal requirements.
How we can help
If you need further assistance, our expert team specialises in providing tailored advice to dental practices on disciplinary procedures and dismissals. We offer confidential, one-to-one telephone advice to help you manage these processes with confidence. We also provide policy development assistance, training sessions and support during disciplinary hearings and appeals.
From assessing what may be grounds for following disciplinary action to navigating dismissal steps, we offer the support you need to make informed decisions and protect your practice. With extensive experience in the dental sector, we understand the unique challenges you face and are committed to helping you navigate them effectively.
Why choose us?
Unlike most legal firms, our expert team specialises exclusively in dentistry. Our in-house barristers, solicitors and qualified HR professionals have an in-depth understanding of the unique challenges and regulations faced by dentists, so our advice is more commercially relevant and tailored to your profession.
With many years of experience supporting dentists, you’re not just getting legal advice, you’ll have the support of advisors who understand dentistry inside and out, ensuring you are protected and supported.
For more detailed guidance, please log in to our member portal. Extra and Expert members also have access to unlimited one-to-one tailored advice via phone or email. We are here to help you every step of the way.