The Buxton Coates Solicitors Podcast

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.

In this insightful and important episode of the Buxton Coates Solicitors Podcast, Sarah Buxton is joined by Beverley Hudson, an integral member of the Buxton Coates team, to discuss the sensitive and often challenging work involved in defending clinicians facing GDC proceedings.

Beverley shares her passion for supporting dental professionals who find themselves in disputes and investigations—often some of the most difficult moments of their careers. With her experience, emotional intelligence, and dedication, Beverley plays a crucial role in helping clinicians navigate GDC investigations, working closely with solicitors and other parties involved, including where criminal allegations are also a factor.

Key topics discussed:

1. Meet Beverley Hudson:
   • Introduction to Beverley and her passion for supporting clients during highly emotional and challenging times.
   • Why her care and emotional investment is a vital part of helping clinicians through disputes and investigations.
2. The Challenges of Dealing with the GDC:
   • Understanding how the GDC can sometimes take a draconian and rigid approach.
   • How Beverley and the Buxton Coates team work within the GDC’s strict processes to support and advocate for clinicians.
3. Why Legal Support is Critical:
   • Even when the police decide not to pursue a criminal matter, the GDC may still investigate—meaning clinicians can’t assume the issue is over.
   • The importance of having expert representation to manage these complex, sensitive cases.
4. The Different Standards of Proof:
   • Explaining the difference between the burden of proof in criminal courts versus civil proceedings like GDC hearings.
   • Why even greater sensitivity and strategic support is needed in GDC cases.
5. How Buxton Coates Supports Clinicians:
   • Full case management, liaising with all involved parties—including external solicitors, investigators, and the GDC.
   • Gathering evidence, preparing robust defences, and ensuring clinicians feel supported at every stage.
6. Final Thoughts from Beverley:
   • Why empathy, patience, and expertise are essential qualities when guiding clients through GDC proceedings.
   • Beverley’s dedication to making sure every client feels understood, protected, and professionally represented.

Facing the GDC can be an incredibly stressful and isolating experience for clinicians. This episode highlights the importance of experienced, compassionate legal support—and the difference it can make to both the outcome and the clinician’s wellbeing throughout the process.

If you are a dental professional or practice owner, understanding what to expect from GDC proceedings—and knowing who can support you—is crucial. Tune in to hear Beverley Hudson’s expert insights and heartfelt advice.

In this important episode of the Buxton Coates Solicitors Podcast, Sarah Buxton is joined by Dispute and Litigation Solicitor Ru Hamid to unpack the Worker Protection (Amendment of Equality Act 2010) Act 2024, which came into force on 26 October 2024. With a unique perspective on both law and dentistry—thanks to his legal background and family connections to the profession—Ru brings a valuable blend of insight and practical advice to the table.

This new legislation places a positive legal duty on employers to take all reasonable steps to prevent sexual harassment in the workplace—including harassment from third parties like patients, delivery personnel, contractors, and visitors. With Health and Safety England now involved in enforcement, it's more important than ever for dental and healthcare employers to act.

Ru shares the advice he's giving clients right now to ensure they're compliant and protecting their staff—including steps to update policies, refresh training, and improve reporting procedures. He also highlights the role of self-employed workers and practice managers in understanding and implementing these changes, especially in a sector where working relationships and contracts vary widely.

Key Discussion Points:

1. What is the Worker Protection Act 2024?
   • A summary of the changes and what it means for employers.
   • The new legal requirement to prevent third-party harassment in the workplace.
2. Who Counts as a Third Party?
   • From patients to couriers, the wide scope of people this law applies to.
   • Why the law matters especially in healthcare and dental settings where footfall is high.
3. The Role of Health and Safety England:
   • New enforcement responsibilities and how this will affect employers in practice.
   • The risk of non-compliance and why proactive action is essential.
4. Ru’s Practical Advice for Employers:
   • Update or introduce sexual harassment policies that include third-party risks.
   • Refresh equality and diversity training for all team members.
   • Put clear, trusted reporting procedures in place for employees to raise concerns.
5. Spotlight on Self-Employed Workers:
   • Why understanding these changes isn’t just for employees—self-employed clinicians must know their rights and responsibilities too.
   • The importance of ensuring contracts reflect workplace expectations and are supported by appropriate policies.
   • How practice managers and business owners should support and communicate this across the team.
6. Current Hot Topics in Litigation:
   • Ru shares common themes and concerns he's hearing from clients right now.
   • Key takeaways for employers looking to stay ahead of emerging legal trends.

This legislation marks a significant shift in the responsibilities of employers. Whether you run a dental practice, manage a healthcare team, or work as a self-employed clinician, this episode offers essential insights into what’s changed, what to do now, and how to protect your team and your business.

Don’t be caught off guard—listen now to ensure you’re up to date and prepared. Ru’s practical guidance is easy to follow and designed for real-world application in busy healthcare settings.

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In this episode of the Buxton Coates Solicitors Podcast, Sarah Buxton is joined by Charlotte Lindsay, Trainee Solicitor, for an insightful discussion on the process of 24-hour retirements and why some dental practice owners might choose to go through them.

This episode unpacks what 24-hour retirement means, particularly for NHS dentists, and explores its benefits and potential drawbacks. If you're considering starting your NHS pension while continuing to work under a GDS contract, this is a must-listen episode to help you make informed decisions.

Key Discussion Points:

1. What is 24-Hour Retirement?
   • Explanation of the 24-hour retirement process for NHS dentists.
   • How it allows NHS dentists to start their NHS pension while continuing to work under their GDS contract.
2. How Does It Work?
   • Why NHS dentists must "retire" from being NHS employees to access their pension.
   • The practicalities of retiring over the weekend and resuming work during the weekdays.
3. The Benefits of 24-Hour Retirement:
   • Accessing your NHS pension while continuing to work.
   • Maintaining income through both pension benefits and ongoing work.
4. Potential Drawbacks:
   • The importance of seeking legal and financial advice before proceeding.
   • Understanding the implications to ensure compliance and optimise the process.
5. Practical Guidance:
   • Tips for dental practice owners considering 24-hour retirement.
   • How to prepare for the process and what to discuss with your legal and financial advisors.

24-hour retirement is a unique process that allows NHS dentists to strike a balance between retirement benefits and continuing work. Understanding its intricacies can help dental practice owners maximise their financial security and make the most of their NHS pensions.

Whether you're an NHS dentist, a practice owner, or simply curious about the process, this episode is packed with valuable insights to help you navigate the complexities of 24-hour retirement.

In this insightful episode of the Buxton Coates Solicitors Podcast, Firm Partner Sarah Buxton is joined by Jessica Rogers, Senior Paralegal in the Employment and HR team, for an important conversation about workplace policies that prioritise employee wellbeing. Together, they explore the importance of menopause policies, other wellbeing-focused policies, and how these measures can support and retain staff while improving workplace culture.

They also introduce the Oracle Hub, Buxton Coates Solicitors' new online employment and HR platform designed to empower business owners and managers with the tools they need to thrive.

1. Why Menopause Policies Matter:
   • Explanation of what a menopause policy entails and why employers should have one in place.
   • How such policies educate employees on menopause, who it may relate to, and what support or adjustments are available.
   • The benefits of non-contractual policies for fostering a supportive workplace culture and aiding in hiring and retention efforts.
2. The Role of Wellbeing Policies:
   • Exploration of policies addressing stress, IBS, and other wellness or welfare issues.
   • Highlighting the absence of statutory guidance in these areas and how proactive policies can make employees feel valued and supported.
   • Practical advice for business owners and clinicians on overcoming challenges in creating buy-in from teams.
3. Adverse Weather Policies:
   • Why having a policy for adverse weather conditions is a smart move for businesses to manage disruptions and staff challenges effectively.
4. Introducing the Oracle Hub:
   • An exclusive look at Buxton Coates Solicitors' new Oracle Hub, an online employment and HR resource platform.
   • Features include:
     • A comprehensive library of reading materials, videos, and training resources.
     • CPD opportunities and HR/employment law training for owners and managers.
     • Regular updates with the latest legislation and guidance.
   • How the Oracle Hub is designed to be an ever-evolving platform that simplifies HR management for employers.

Employee wellbeing is critical to a thriving business. From menopause and stress policies to tools like the Oracle Hub, this episode provides actionable advice and innovative solutions to help employers create a supportive and legally compliant workplace.

Don't miss this episode filled with expert insights and practical tools. Whether you're an employer, practice manager, or business owner, this discussion will equip you with the knowledge to take your team’s wellbeing and your business to the next level.

In this episode of The Buxton Coates podcast, Sarah Buxton, dental HR and employment lawyer, is joined by Associate Solicitor Elizabeth Last to discuss a significant piece of upcoming legislation—the Worker Protection Act 2023, which comes into effect on 26th October 2024. Many employers may be unaware of this law or unprepared for its implications, particularly regarding discrimination claims. The Act introduces new responsibilities for employers, making them not only liable for the actions of their employees but also for third parties, such as patients or suppliers, who may engage in sexual harassment within the workplace. This change is especially important for dentists, who often have limited control over third-party behaviour.

Sarah explores how the 'Me Too' movement influenced this legislation, emphasising the powerful role of media in shaping legal reforms. She offers insights on how employers can prepare and protect themselves from potential liability.

In this episode, Firm Partner Sarah Buxton sits down with Charlotte Lindsay, a trainee solicitor assisting our Employment and HR team, to delve into the crucial topic of dental incorporation and its implications for practice owners.

Join us for a detailed discussion on what happens when associate dentists incorporate, the potential consequences of having incorrect contracts or agreements, and how practice owners can navigate these complexities to avoid pitfalls.

Understanding the complexities of dental incorporation and the importance of having proper contracts in place is crucial for practice owners. This episode provides valuable insights and practical guidance to help you navigate these challenges effectively.

In this timely episode of the Buxton Coates Solicitors Podcast, we explore the seismic shifts in UK employment law on the morning of the first day under our new Labour government. With a sweeping majority, Labour has ousted the Conservative party and is set to introduce significant legislative changes within the first 100 days, reshaping the landscape for business owners, employers, and managers.

Join Sarah Buxton and Elizabeth Last from the Buxton Coates Employment and HR department for an in-depth discussion on Labour's plans and their implications for dental business owners, managers and employees. 

We cover:

1. Labour's Legislative Agenda:
   • Overview of Labour's commitment to introduce new legislation within 100 days.
   • Immediate and long-term impacts on business operations and employment practices.
2. New Employment Rights:
   • Examination of Labour's promise to extend the right not to be unfairly dismissed from the first day of employment, eliminating the previous two-year requirement.
   • Implications of abolishing traditional probation periods, making it more challenging for employers to assess new team members' fit.
3. Changes to Laws for Self-Employed Clinicians:
   • Discussion on proposed changes affecting self-employed clinicians.
   • How these changes might impact dental practices and other businesses relying on self-employed professionals.
4. Zero-Hour Contracts:
   • Labour's proposal for a minimum number of hours for zero-hour contracts.
   • Potential effects on flexibility and workforce management for employers.
5. Carers Leave:
   • Introduction of possible paid leave for carers under Labour's new policies.
   • Benefits and challenges this poses for employers managing staff with caregiving responsibilities.
6. Statutory Sick Pay:
   • Changes to statutory sick pay, including the removal of the waiting period and the lower limit of pay.
   • How these changes will affect employer obligations and employee welfare.

With Labour's decisive majority and ambitious legislative agenda, understanding the upcoming changes is critical for staying ahead. This episode offers important insights and practical guidance to help employers effectively navigate the new employment landscape.

In this episode, Sarah Buxton is joined by Deniz Altin, Associate Solicitor in our Commercial Property Team.

Together, they discuss the property aspects of selling your dental practice.

In this episode, Sarah teams up with Rachel Barrow to demystify the world of branding, marketing and websites for dental practices, drawing on their own collaboration over a number of years.

Sarah shares her firsthand experience of rebranding her legal practice, recounting the journey from FTA Law to Buxton Coates Solicitors, guided by Rachel's expertise. Together, they discuss the process in detail—from their initial discussions to the final brand delivery and website design, and the impact this has had on Sarah's business.

They go on to discuss the critical role of a well-functioning website in today's digital landscape, emphasising the need for regular updates and fresh design to stay ahead of the curve and maintain compliance. They also tackle the question of whether associate dentists should have their own websites, examining the contractual nuances and mutual benefits for both parties.

This episode offers practical insights and expert advice for dental practitioners and professionals alike, shedding light on the intersection of branding, compliance and law, and effective marketing strategies in the dental industry. Whether you're revamping your practice or seeking to enhance your brand presence, this conversation is a must-listen.