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Manager Practice


RCGP predicts challenging years ahead


OVER one million more patients will be living with two or more serious long-term, life-threatening conditions by 2025, according to new analysis by the Royal College of General Practitioners (RCGP). The additional care will cost the NHS up to £1.2 billion per year. At the recent


RCGP conference Chair Dr Maureen Baker highlighted the “paradoxical situation” that delivering complex care to patients with chronic conditions is “most cost- effective in general practice yet the bulk of NHS money continues to go into hospital care”. The RCGP has pointed out that currently 90 per cent of NHS patient contacts are made in general practice yet it only receives 8.33 per cent of the NHS budget. Dr Baker said: “It is a great testament to modern medicine that nowadays we are much more likely to prevent or treat diseases that in the past killed people so early in their lives. GPs have played a pivotal role in this transformation. “But this success has brought with it a whole new set of challenges to which the NHS is currently struggling to respond… We need an NHS that’s properly set up to meet the complex clinical needs of people in the 21st century.”


Dental practices confused over data protection


CONFUSION exists over when a dentist is required to register with the Information Commissioners Office (ICO) in compliance with the Data Protection Act, according to a recent report. The ICO visited 21 dental practices across the UK


and conducted an online survey in order to understand the information risks and challenges that dentists face. It found there was confusion over data protection requirements, with some dentists registering with the ICO when it is not necessary and others not registering as required. The report also found that dentists do not always


have written contracts with external suppliers containing appropriate clauses about information security, particularly with IT contractors. The ICO also found that some practices utilising new technologies, such as mobile and personal devices, were not appropriately controlling associated risks. There was also a lack of clarity in some practices over


retention policies (to determine when records, both physical and electronic, should be destroyed). Retention periods were not always clear, and not generally applied to electronic records. Investigators found that overall dentists are “not


always engaged with sources of best practice and new guidance in relation to information governance”. The report states: “Dentists operate within a number


of different complex structures, including individual practices, partnerships, expense-sharing arrangements, limited liability companies and dental corporates. This has led to some confusion about the circumstances in which a dentist is (or is not) a data controller, responsible under the DPA for patient data, and also for registration with the ICO.” It encourages practices to visit the ICO website


Fair and accurate job references


PRACTICES should ensure that any references they give for ex-employees are as fair and accurate as possible. At MDDUS, we are frequently asked


by practices what their obligations as employers are in relation to giving out information about ex-employees in references. Employers are not legally obliged to give a reference (unless stated in the contract) but if they do it should be done fairly and in good faith. In most cases, it would be appropriate for practices to provide a reference, and the criteria and format should be applied consistently. Practices should consider including the employee’s length and dates of service, positions held and key responsibilities. Employers should not ask for personal information and the reference should focus on the candidate’s performance in their previous job. Prospective employers must only


approach a job applicant’s current employers with the candidate’s permission. Absence or disciplinary records do not need to be disclosed


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with the reference but practices should consider whether omitting information would result in an inaccurate and misleading reference. In a situation where a former employee posed a risk to patient safety then the practice should disclose the relevant information. If any disciplinary matters are to be included in a reference, then the correct process would need to have been followed at the time to ensure that any formal warnings issued were done so legally and in compliance with the Acas code of practice. Employees can request to see a copy


of any reference and can attempt to claim damages in court if they believe that a reference is false or misleading. The worker must be able to show that the information was misleading or inaccurate and that they have suffered a loss such as withdrawal of a job offer. Supplying references can be a difficult area so practices should contact the MDDUS employment law team if they want to discuss any specific aspect.


(www.ico.org.uk) where there is a self-assessment tool and also specific dental practitioner FAQs. You can also phone their registration helpline at 0303 123 1113. Access the report at https://goo.gl/SieQq8


National living wage to be introduced


EMPLOYEES over 25 who are currently on the national minimum wage will get a pay rise in April 2016 with the introduction of a compulsory national living wage. Starting at £7.20 per hour, with the aim to increase


to £9 by 2020, it will effectively replace the existing minimum wage for over-25s and is expected to boost the income of six million people. The national minimum wage increases to £6.70 as


of October so next year’s change will see a 7.4 per cent wage increase for those affected.


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