Dental Practice - February 2017 | Page 88

PRACTICE MAKES PERFECT NO . 7

PRACTICE MAKES PERFECT NO . 7

claim . This is an important stage in the process and Stevens strongly suggests taking initial statements from relevant employees . “ This is particularly useful when the events leading to the claim will be fresh and clearer in everyone ’ s mind . You should also begin to collate any relevant documents and put together your version of events and chronology .”
Practices may not be aware but the disclosure process will require all relevant evidence ( whether or not it is helpful to your case ) to be sent to the claimant . It ’ s for this reason , that all involved - practice manager and employees - should be told to preserve documents .
REQUEST FURTHER INFORMATION Sometimes an ET1 form - and the claims set out within - will be unclear . The employment tribunal sift process should give judges better opportunities to reject these claims before they reach you . Even so , Stevens advises that if the ET1 is vague , part incomplete or contradictory then an employer could consider serving the employee with a request for Further and Better Particulars of the Claim . “ This will allow for specific questions to be put to the employee regarding the unclear parts of their claim . Employers should always think carefully ( and take advice ) before issuing a request for Further and Better Particulars . Whilst sometimes this process represents a useful method of finding
DENTAL SURGERY RECEPTIONIST WINS
l According to a report in the Daily Mail ( May 2013 ), a dental surgery receptionist took her employer , Smile By Smile dental surgery in Sutton ��ldfield� �� �� ���l���e�� T������l �f�e� �e��� d�����l��ed f�� �������� on an apple while she worked .
The �l������� Rachel Carr , said that �he ��� h���ded ��� �f he� ���� le����� Se��e��e� 2012 �f�e� he� health deteriorated as a result of �d���le ����d��d�� �� �he �������e where she said that her manager ���ld ����� �� �h���l��e �e����� Carr received a written warning f�� he� e����� h����� ��d ��� accused of hiding in the equipment sterilisation room at the surgery ��d ������� he� ��� �� le��e ��� e��l� �ef��e �he e�d �f he� �h�f��
However , Carr won her claim for more out about an employee ’ s claim - it can also give the employee a second opportunity to get their claim into shape .”
CONSIDER SETTLEMENT Lastly , it ’ s important not to take a losing principled stand . Settlement should always be considered , particularly if it appears that the employee has a good chance of a successful claim . Stevens adds other factors into the mix – “ the possibility of any adverse publicity , damage to reputation and the time and legal fees required to defend any claim . While your making a payment to the employee may be the last thing that you want to do , an early settlement could make good commercial sense .”
Of course , it ’ s always better to talk and you should consider contacting ACAS to help broker any deal you may wish to make . This can be particularly helpful in circumstances where the employee is not legally represented . But Stevens offers a parting note of caution : “ If settlement negotiations begin before the ET3 form is filed make sure that an eye is kept on the upcoming deadline - if settlement negotiations break down or are not concluded before that deadline , you must ensure that you file the ET3 form to protect your position .”
ADAM BERNSTEIN LIMITED E : adam @ adambernstein . co . uk W : www . adambernstein . co . uk
constructive and unfair dismissal �� �� e��l���e�� �������l �� Birmingham and was awarded an undisclosed sum . Carr now works at another practice and �e��e�e��ed he��elf �� �he �������l�
Carr said that she had never �e�e��ed ��� ����l����� ����� he� ���d��� �� �he fi�e �e��� �he h�d worked in the practice . However , she suggested that the situation changed when new owners came �� ��d ��������ed �e� ��le�� The� �lle�ed ����e��� ����� ������ ���l��� �� �f�ll�� ����ed��e�� ��d ���e he� � fi��l ������� f�� ������d��� �f�e� they claimed that she was taking �e�����l ��ll� �� he� ����le ��d l������ �� ���e���� d����� ������� hours as well as eating an apple .
http :// www . dailymail . co . uk / news / article-2322010 / Dental-surgeryreceptionist-28-threatened-sacke������������de���h��l
DENTAL PRACTICE NURSE WINS
The D��l� M��l �l�� �e����ed �� a case from April 2015 where it was alleged that dentist Colin Cromie forced his practice nurse to resign after she rejected his advances . But when Xara Grogan turned down those advances their working relationship soured ��d �����e �e���e ����e�����l� hostile and unfriendly .
����������� he��d �� �he ���l���e�� T������l ���l�ded Cromie snatching instruments from G����� �� �he ����e��� �e��� ������� ��d ��de�� ��d �l����� her for a fall-out with another dental practice . When Miss G����� ����l���ed ����� h����� to wear a uniform , including culottes , Cromie was said to told he� �he ���ld �e ���� �� he� e��� if she joined a union . Grogan alleged that Cromie made life so unpleasant the nurse was later f���ed �� ���� �he ��� �he h�d held f�� ���e �h�� fi�e �e����
The T������l f���d G����� was constructively dismissed �� �����e ��d h�� ���d��� towards the nurse did amount to sex discrimination . But she f��led �� he� ��d �� ����e f���he� allegations of harassment and victimisation against the dentist . She was awarded £ 16,500 compensation for the dismissal ��d �h��� feel����� �� �ell �� ���� ��� �h�� �he ��� ��ed�
http :// www . dailymail . co . uk / news / article-3036766 / Dentistsacked-nurse-turned-advancestried-kiss-her . html
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