BDA Locks Horns With Department Of Health Over Unfair Notice Clause In Dentists' Contracts, UK

Main Category: Dentistry
Article Date: 01 Aug 2008 - 2:00 PDT

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The British Dental Association is to challenge a Department of Health legal appeal which if successful could result in dentists' contracts being ended by primary care trusts (PCTs) on as little as one day's notice and with no significant cause.

The appeal by the Department of Health is against a ju dicial review judgment in February that ruled it was unlawful for PCTs to include in dentists' contracts clauses which allowed for contracts to be ended for no reason.

Today the BDA is lodging papers in the Court of Appeal that powerfully restate its view that such notice clauses are unlawful and unreasonable.

The move is the latest chapter in a protracted legal battle involving West Midlands orthodontist Dr Eddie Crouch and South Birmingham Primary Care Trust which included a without grounds termination clause in Dr Crouch's contract in April 2006.

The BDA was heavily involved in the judicial review hearing in February 2008 which found in Dr Crouch's favour.

Peter Ward, Chief Executive of the British Dental Association, said:

"We are very disappointed that the Department of Health has sought to challenge the decision of the High Court. Effectively the department is saying that a primary care trust should be able to say to a dentist, 'your contract will come to an end tomorrow, just because we feel like it'.

"Every right-minded person can see that this is totally unreasonable and would destroy the viability of family dental practices. How can dentists plan for the future if they have no security? A success for the Department of Health would be bad for dentists, bad for patients and disastrous for the health of the nation. We will continue to fight on behalf of Dr Crouch and the profession against this ridiculous clause."

The British Dental Association (BDA) is the professional association for dentists in the UK. It represents over 23,000 dentists working in general practice, in community and hospital settings, in academia and research, and in the armed forces.

British Dental Association