Dental game / employment law questions
Discussion
Could do with some advice for the Mrs, hopefully from someone in the dental game but any relevant input much appreciated.
The Mrs (for reasons better known to herself) decided to go back to her former profession of being a Dental Nurse. Now, to anyone in the business you will know that to be one nowadays you need to do the GDC exam which is taken at the end of the 1 year course. If you are not qualified you cannot work as a DN unless you are on the course working towards taking the exam. You cannot be on the course unless you are working as a DN in a practice. If that makes sense?
She has taken employment in a practice, working three days a week paid the going rate, monthly, PAYE on an hourly basis. Annual holidays are paid proportionately and the course/exam fees are also paid by the practice. On the face of it fair, especially considering she is only part time. She has never seen a contract of employment a year later if that makes any difference.
Now the problem - the practice itself is truly awful, they charge people up on both private and NHS for treatment that is NOT required. They will extract teeth that can be saved if it works out better(£) for them. Replace crowns that have nothing wrong with them, you name the con, they do it. The amount of money they rip the NHS off is beyond belief.
She didn't go into this business to work this way and wants to move on to somewhere else that has some sort of professional/moral code and actually cares about a patient's welfare.
So, to sum up, she has worked there a year, has no contract of any kind, has had her course and exam fees paid, has taken holidays when due so not owed any but now wants out for reasons already given.
What would be the "right" thing for her to do here regarding:
What notice would she have to give them?
Should she pay them back the course/exam fees?
Can they jerk her around for her money as a result of her having no contract?
Anything else to consider?
Apologies for the long story but just trying to paint the right picture, many thanks in advance for any input.
The Mrs (for reasons better known to herself) decided to go back to her former profession of being a Dental Nurse. Now, to anyone in the business you will know that to be one nowadays you need to do the GDC exam which is taken at the end of the 1 year course. If you are not qualified you cannot work as a DN unless you are on the course working towards taking the exam. You cannot be on the course unless you are working as a DN in a practice. If that makes sense?
She has taken employment in a practice, working three days a week paid the going rate, monthly, PAYE on an hourly basis. Annual holidays are paid proportionately and the course/exam fees are also paid by the practice. On the face of it fair, especially considering she is only part time. She has never seen a contract of employment a year later if that makes any difference.
Now the problem - the practice itself is truly awful, they charge people up on both private and NHS for treatment that is NOT required. They will extract teeth that can be saved if it works out better(£) for them. Replace crowns that have nothing wrong with them, you name the con, they do it. The amount of money they rip the NHS off is beyond belief.
She didn't go into this business to work this way and wants to move on to somewhere else that has some sort of professional/moral code and actually cares about a patient's welfare.
So, to sum up, she has worked there a year, has no contract of any kind, has had her course and exam fees paid, has taken holidays when due so not owed any but now wants out for reasons already given.
What would be the "right" thing for her to do here regarding:
What notice would she have to give them?
Should she pay them back the course/exam fees?
Can they jerk her around for her money as a result of her having no contract?
Anything else to consider?
Apologies for the long story but just trying to paint the right picture, many thanks in advance for any input.
Agree with the above. If a problem arises later, and there are investigations, if she knowingly did not report it then there could be problems for the nurse. she can report either a concern or a complaint. I would strongly suggest she speaks to her medical protection company or her nursing body for advise ASAP
As a trainee DN she is not yet registered as a DN with the GDC so she is not required under her profesional registration to 'shop' those involved in alleged malpractice. She may wish to however as an individual. If she aspires to profesional registration at he end of her training, she may wish to do this as this may come back to haunt her if there's an investigation. She could inform someone of her concerns (and they are just that at this stage, concerns, until fully invetigated and proven) either at the GDC or the local PCT; she can do this anonymously.
Daz1855 said:
What would be the "right" thing for her to do here regarding:
What notice would she have to give them?
Should she pay them back the course/exam fees?
Can they jerk her around for her money as a result of her having no contract?
Anything else to consider?
Thanks for replies, any comments to add on the above?What notice would she have to give them?
Should she pay them back the course/exam fees?
Can they jerk her around for her money as a result of her having no contract?
Anything else to consider?
Daz1855 said:
Thanks for replies, any comments to add on the above?
Unless there's specific provision for fee repayment, then no, don't repay.Having no contract can make life more difficult, potentially, but the law is on her side, so if they try to withhold any monies she can threaten action under the Wages Act at Tribunal for their recovery. A pain, but without express provision for recovery/withholding of monies, there's no way they could sustain their position.
Edited by Bonefish Blues on Wednesday 7th December 19:11
Bonefish Blues said:
Unless there's specific provision for fee repayment, then no, don't repay.
Having no contract can make life more difficult, potentially, but the law is on her side, so if they try to withhold any monies she can threaten action under the Wages Act at Tribunal for their recovery. A pain, but without express provision for recovery/withholding of monies, there's no way they could sustain their position.
Sounds like good advice - thanks.Having no contract can make life more difficult, potentially, but the law is on her side, so if they try to withhold any monies she can threaten action under the Wages Act at Tribunal for their recovery. A pain, but without express provision for recovery/withholding of monies, there's no way they could sustain their position.
I guess another way of looking at it is the practice pays lower wages for someone who isn't qualified and they cannot work there without being on the course, even by paying the course fees they are still better off.
ghamer said:
Not much help to your problem I know but this shows the problem with the dental system in this country.Its a disgusting mess full of greedy dentist that are milking the system.Can,t tell you how much I despise these so called pro,s.
Every NHS patient who does not pay for their dental care (unemployed etc) WILL leave that practice with something that is charged at the top rate (Band3?).That is where our taxes are going and the reason the NHS costs so much to run.
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