The end of the relationship

08 June 2012
Volume 28 · Issue 6

What should happen if a contract is terminated, asks Peter Holland?

In the world of general dental practice, the role of associate dentist has many advantages, both to the practice and to the associate. Arrangements between practice-owners and associate dentists are common and most are generally successful. But if either the practice or the associate decides to terminate an arrangement, it can disintegrate into legal proceedings and end up in a Court or Employment Tribunal.

Difficulty can well ensue if a contract is ended by the practice. If termination is not consensual then an associate will understandably, consider their legal position.

It is perhaps surprising but not uncommon for there to be no contractual document. (This is unwise from a tax perspective as both the BDA and the DPA agreements are recognised by HM Revenue and Customs, although worth bearing in mind that the decisions of HMRC are not binding on the Courts or the Tribunals.)

In the event that there exists a written agreement, the contents of the contract may not actually reflect working practice.

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