I have worked as a dental associate in a practice for almost 10 years and have always paid my own tax and NI. It is a Denplan practice and I have worked relentlessly to build up my list of patients and I have a wonderful rapport with them all. In January 2013 the principal introduced a contract with holidays/Bank holiday entitlement etc and inclusion in an emergency rota etc. She then went on to be mean to me, cheating me out of holidays etc. and when I tackled her she refused to relent and I gave up trying. On January 9th 2014 I received a termination of contract within 1 month ,with no prior warning or reason given! She has not allowed me back in the practice since and has transferred all my list of patients and associated fees over to herself and is refusing to let me send letters of explanation to my patients. She stated that she has no problem with my work but 'her and me just can't work together!' Would I stand any chance of proving I was an employee? because I've been told that if I could then she has boken several rules. Would be very grateful of an opinion. Many thanks, XXXXX XXXXX BDS
Hi there Ben. The principal has since admitted that the holidays were wrongly taken off me but said she expects her decision to be accepted , whether right or wrong.
I spoke to a man at ACAS and he said there were grounds for constructive dismissal and unfair dismissal but it all hinged on whether I could be classed as an employee. He felt there was a good chance I could, as normally self employed people choose their own number of holidays etc. He mentioned if I could get the judge to agree I was employed there, then she would be accountable for a lot of 'wrongdoing'. How would I go about doing this? and would it cost a lot of money?
I would like to discontinue the query and cancel the payment please as the response has not been quick enough. Many thanks . J
Hello, sorry but I was offline by the time you had replied, which was an hour after I originally picked up your question. As we are practising solicitors we are not online 24h a day I'm afraid. I can still assist with your query if you want me to as I am available now?