In this episode of the Buxton Coates Solicitors Podcast, Sarah Buxton is joined by long-standing team member Elizabeth Last, who has been advising Buxton Coates clients for over seven years. Elizabeth supports Oracle members and assists with Employment Tribunal claims, giving her a unique insight into the real-life HR challenges dental practice owners and managers face every day.

Over the past 12 months, a common theme has emerged—issues surrounding health questionnaires, probation terminations, and what employers can (and cannot) ask team members. In particular, confusion around CQC’s ‘fit to work’ requirements has led many employers to mirror patient medical history forms when recruiting staff—an approach that can be legally problematic.

Elizabeth explains where the legal lines are, why questions about contraception, pregnancy or mental health conditions must be handled with care, and what employers should do with the information once it’s been disclosed.

Key Discussion Points:

1. Meet Elizabeth Last:
   • Her role advising Oracle clients and supporting Employment Tribunal claims.
   • Observations from the past year around common HR issues in dental practices.
2. Medical Questionnaires and Legal Pitfalls:
   • Why using patient-style medical history forms for employees is not appropriate.
   • Questions about contraceptive pill use or pregnancy risk can be seen as discriminatory.
   • Mental health conditions like depression require sensitivity and a clear understanding of employer duties.
3. Fit to Work & Reasonable Adjustments:
   • Clarifying the difference between being ‘fit to work’ and what that means in practice.
   • If an employee discloses a condition, the employer may have a legal duty to consider reasonable adjustments—but it must always be proportionate.
4. From Conversation to Action:
   • HR consultants often recommend regular check-ins with staff—but what happens next?
   • It’s not enough to ask the right questions—you must be prepared to respond appropriately.
   • Practical advice on implementing support when needed without overstepping or panicking.
5. Storing Health Information Safely:
   • Guidance on how to manage and securely store health-related data in compliance with data protection laws.
6. Final Advice from Elizabeth:
   • Employers shouldn’t be afraid of health disclosures—most can be managed with clarity and proportion.
   • Creating a supportive, legally compliant culture helps everyone feel safer at work.

With more dental employers navigating the tricky space between compliance, compassion, and confidentiality, this episode offers timely and practical advice to help you stay on the right side of the law—while building a positive, supportive workplace culture.

Whether you’re a practice owner, manager, or HR lead, this episode will help you understand your responsibilities when it comes to health declarations and employee wellbeing.