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A contract dispute arose after a dental surgery’s offer of an employed dentist salary to Dr X, previously a dental nurse, was rejected as insufficient. Dr X subsequently put forward a counter-proposal for a self-employment contract.
The employer refused Dr X’s proposed terms for a new self-employment contract. Instead, the employer insisted that if Dr X wanted the pay raise, they must adhere to the conditions of their initial dental nurse contract.
Furthermore, the employer threatened to revise Dr X’s employment contract to prevent them from working for other employers. They asserted that any new employer would be held responsible for the resulting loss, and Dr X would be liable for all damages and incurred costs.
Not sure how to deal with this situation, Dr X contacted MDS for assistance with their contract dispute with a view of resigning from the practice and finding a new employer.
MDS conducted a thorough review of Dr X’s contract and discussed the subsequent actions Dr X wished to pursue. Our examination of the documentation confirmed the absence of any restrictive covenants that would prevent Dr X from working at another practice. Consequently, the practice’s claims and threats against Dr X lack any legal basis or contractual support.
Clawback provisions were identified in Dr. X’s contract by our advisors. However, for these provisions to be enforceable, they must be proven to be reasonable and proportionate to the practice’s legitimate interests.
MDS presented its assessment to Dr X and with their agreement, wrote to their practice, showing how their threats were unfounded and unsupported by the contract, and that they were put to strict proof to justify their claim for costs incurred by way of the clawback provisions.
MDS formally notified the practice that the threats used to coerce Dr X into accepting an exploitative, below-market-rate employment contract were illegal. We also reserved the right to lodge a formal complaint with the relevant regulatory body if the practice’s conduct persisted, reinforcing our robust defence.
The employer eventually acknowledged MDS’s assertions and did not provide any further comments or response. They also did not pursue any further action against Dr X, who was able to leave the practice and commence employment with a new employer with no further issues.
Check your contract thoroughly and seek advice and clarification from a defence organisation if something within it seems inappropriate or unusual. This will ensure that the clauses in the contract are standard and appropriate and will not cause any issues for you should anything arise or should you wish to end your employment.
Employers have an obligation to treat their employees fairly and in line with relevant guidelines and policies. If you have any concerns about any unfair treatment towards you, it is always best to seek advice from a union representative or defence organisation to advise on your rights and any omissions or negligent treatment from your employer.
Find yourself in a similar situation? Contact MDS as soon as possible to discuss your situation, our team will support you in making the best decision for you and your patients. Call our office on 0300 30 32 442 or email or case managers at [email protected] mentioning your membership number.
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