orthodontist Case studies
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Case study 1 - counter-fraud interview of orthodontist and disciplining dental nurse
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Mr Henry Weaver is a part-time Consultant Orthodontist at Hampshire NHS Trust and he also runs a busy orthodontic practice in Southampton. Hampshire NHS Trust inform Henry that he is being suspended on full pay because a dental nurse at his orthodontic practice alleges that he has been working at the orthodontic practice during his working time at the Trust. The nurse knows the allegations to be untrue but she is cross with Henry because he refused to treat her son at the practice on the NHS as his malocclusion was not sufficiently severe to warrant NHS treatment.  Henry states that he is not guilty  and has only ever popped back to his practice at lunch-times. Henry is invited to a hearing with NHS Counter-fraud

HOW CAN WE HELP?

  • We can accompany Henry to the counter-fraud hearing
  • We can help Henry with any internal Trust disciplinary hearing
  • We can help Henry respond to any future charges from the GDC
  • Although Henry's nurse is likely to claim to be a whistleblower we can give Henry some advice on how to discipline his nurse for raising malicious allegations
  • We can advise Henry on how to refer his nurse to the General Dental Council for misconduct


​Case Study 2 - Defending Employment Claims and Drafting Associate Agreements
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Dr Church, Dr Rojan and Mr Jones are an  orthodontic practice in Highbury. James is an asosciate with the practice.

​Mr Jones and James have an argument about laboratory fees and Mr Jones tells James that he is useless. James sends a resignation letter stating that although an associate, he is really an employee. and wants to claim his holiday pay for the past three years, as well as bringing an Employment Tribunal claim for constructive dismissal.
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​how can we help?

  • We can defend James' employment tribunal claim and we can help with the drafting of new associates agreement for the new incoming associate​                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              

Case Study 3 - Partnership Dispute
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Mr Greg Holmes, Dr Arnold Cohen, James Moss and Angela Sidoli are partners at an orthodontic practice Angela is pregnant and tells the partners that she wishes to return as a part time partner from September.  The other partners tell Ms Sidoli that they would be happy for her to be part time if she became an associate but if she wants to be a partner she has to remain full time. Ms Sidoli brings a sex discrimination claim in the Employment Tribunal. Mr Holmes and Dr Cohen state that they would have been happy to allow Ms Sidoli to return as a part time partner but they felt bullied by Mr Moss. They decide that they will expel Mr Moss from the partnership. ​
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how can we help?
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  • We can help the practice to defend the sex discrimination claim by Ms Sidoli
  • We can negotiate settlement where necessary. We can also advise in connection with the expulsion of Mr Moss,                                                                                                                                                                                                                                                                                                                                                           

Case Study 4 - Defending a whistle-blowing claim
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Dr Singh and Dr Jones run a successful Orthodontic practice. Debra the dental nurses asks to finish early on Friday because she has a wedding dress fitting. Dr Jones tells Debra that Friday is a busy day with lots of children coming into have their braces fitted and she should have given more notice. Debra is furious and states that the practice are rubbish and that Dr Singh does not change his gloves between patients. Dr Jones tells Dr Singh and Dr Singh is upset with this allegation and tells Debra she will be disciplined for being untruthful.  Debra resigns and brings a claim for whistle-blowing.
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HOW CAN WE HELP?
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  • We can defend the employment tribunal proceedings brought by Debra
  • We can help the practice to treat her complaint as a grievance and provide a script for the grievance hearing.

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​Case Study 5 Helping a partner respond to charges from the General Dental Council
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Mr Davies runs his own GDP.  He has an argument with his senior receptionist, Josie and she writes an anonymous letter to the General Dental Council stating that Mr Davies is rude to patients and negligent. When patients come into the practice Josie asks them to complete questionnaires and tries to solicit negative feedback about Mr Davies. The General Dental Council send a copy of the complaint to Mr Davies and invite him to comment.         
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HOW CAN WE HELP?

  • We can help Mr Davies to respond to the General Dental Council.
  • We can also respond to any later formal charges and we can provide full advice and representation at the GDC hearing.