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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47907
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a selfemployed dentist. I work for a company named

Customer Question

Hello there, My name is ***** ***** I am a selfemployed dentist. I work for a company named Smileright Dencare Ltd in
Basingstoke. I am off sick now for 4 weeks because of work related mental health issues.
The practice principal informed me yesterday that I am liable for finding a locum myself.
There is this clause in my contract: "7. Locums –
7.1 In the event of the Associate failing to make use of the Facilities for a continuous period of more than 20 working days or an aggregate period of more
than 25 days during any period of 4 months the Associate shall appoint a
Locum acceptable to the PCO and the Practice Owner to make use of the
Facilities. If the Associate fails to appoint such a Locum within 7 days of an
absence referred to in this sub-clause Smileright shall have authority to
appoint such a Locum on behalf of the Associate."
As a mentally broken down person I feel anxious and dislike contacting these people.
Looking for a locum would mean being in contact with them for me which make me feel terrible.
Please advise me
Thank you in advance
Submitted: 2 months ago.
Category: Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

Have you told them why you are not in a position to find a locum yourself?

Customer: replied 2 months ago.
Hi there thank you for your response.
Do you mean if I have told them that I feel bad and nervous when contacting them
Expert:  Ben Jones replied 2 months ago.

Yes, I know you have to contact them to do that but have you tried to explain why you may not be in a position to adhere to the contractual terms?

Customer: replied 2 months ago.
No I have not but if so what should I say?
Thanks
Expert:  Ben Jones replied 2 months ago.

Well as far as the employer is concerned they may simply be looking at the contract and expect you to adhere to it, regardless of what your personal circumstances are. They may even know about these circumstances but not fully appreciate what level of impact they may have on you and that they could be directly preventing you from ensuring the contractual terms are adhered to.

So I suggest instead of not contacting them and potentially being in breach of the contract, you do contact them at least to explain why this may happen.

Also I would suggest that you consider whether your condition amounts to a disability in law. If it does (and mental conditions can do), then you can rely on the argument that with a disability your employer has to apply reasonable adjustments to help you and in this case it could mean not expecting you to find a replacement or adjusting the procedure to do so to ensure that you do not have as much contact with them as required by the contract.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the law on disability and how to determine if your condition qualifies. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you
How can I find out if i qualify for the law of disability.
They have been playing up with my wages with delayings for months or paying me in bits and pieces etc.
I am in financial difficulties myself and have two dependant children what they did to me and still do causing a lot of stress in my already distressed life I am exhausted...
Expert:  Ben Jones replied 2 months ago.

Thank you. Disability can have a broad meaning from a legal perspective and there is no single list of medical conditions that qualify. Potentially anything can amount to a disability if it meets the required criteria.

The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down and examine it in more detail:

· Physical or mental impairment – this can include nearly any medical condition, be it physical or mental

· Substantial effect – the effect must be more than minor or trivial

· Long-term - the impairment must either have lasted or be likely to last for at least 12 months

· Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination. This means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:

{C}· {C}making adjustments to work premises

{C}· {C}allocating some of the employee’s duties to others

{C}· {C}transferring the employee to fill an existing suitable vacancy

{C}· {C}altering the employee’s hours of work

{C}· {C}allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability

{C}· {C}acquiring or modifying specialist equipment

{C}· {C}providing supervision or other support

Customer: replied 2 months ago.
I can confirm that I have nearly all the criteria mentioned above.
Do I need to prove it or how can I make them understand and let go on me.
Expert:  Ben Jones replied 2 months ago.

you cannot prove it as such but you can raise this as an argument with them and remind them of your rights in this situation. Only a court or tribunal can determine with certainty if you meet this criteria and they may look at medial evidence etc to come to that conclusion but in the meantime all you can do is tell them you believe you are disabled and provide details explaining why, if needed

Customer: replied 2 months ago.
Hi Ben
Thank you for that is that possible that I write a letter as such and show to you or to instruct you to write it for me?
If yes please let me know the cost
Thank you
Expert:  Ben Jones replied 2 months ago.

Hi I am afraid that's not part of our service as we are just a Q&A site, for that you may have to see a local solicitor, sorry

Customer: replied 2 months ago.
Thank you
Expert:  Ben Jones replied 2 months ago.

No problem, thanks for your understanding

Customer: replied 2 months ago.
Hi Ben
Thank you for getting back to me.
I have prepared a letter which I will send to practice principal and await his response.
I might come up with more questions if that's alright with you.
Thanks
Expert:  Ben Jones replied 2 months ago.

No problem, thank you

Customer: replied 1 month ago.
Hi Ben,
I have sent 2 letters within 2 weeks time dead line I gave them was the Wednesday 26th July but have not received any response.
Do you need to see my last correspondence or please let me know what can be done when they don not get back to you
Thanks
Negin
Customer: replied 1 month ago.
Please find attached my letter to the practice principal just in case for your attention.
Thank you
Expert:  Ben Jones replied 1 month ago.

Hello, thanks for requesting some additional assistance. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' so that I get it and deal with it as fast as I can as I will be familiar with your case. Many thanks

Customer: replied 1 month ago.
Hi there,
Thank you for getting back to me.
I have contacted the customer care as I was not able to ask follow up questions.
They opened the questions for me.
Sorry I did not know you are unaware of that but will ask a new question then.
Expert:  Ben Jones replied 1 month ago.

No problem thanks