Dental associates are an integral part of the dental workforce in the UK, providing essential services to patients across the country. However, the employment status of dental associates has been a topic of much discussion in recent years, with concerns raised over the lack of employment rights and benefits afforded to these workers. In 2023, changes to the law will come into effect that will impact the employment status of dental associates. In this blog, we will explore these changes and what they mean for dental associates on a case-by-case basis.
Before we dive into the specifics of the changes, let's first take a look at the current employment status of dental associates in the UK. Dental associates are typically self-employed contractors who work for a dental practice, either on a full-time or part-time basis. They are responsible for their own tax and national insurance contributions and are not entitled to the same employment rights as employees, such as sick pay, holiday pay, or maternity leave.
The lack of employment rights afforded to dental associates has been a topic of concern for many years, with some arguing that these workers are being exploited by dental practices who benefit from their labour without providing adequate protections or benefits. In response to these concerns, the UK government has announced changes to the law that will come into effect in 2023.
The changes are designed to provide greater employment rights and protections to workers in the gig economy, which includes dental associates. The key change is the introduction of a new employment status called "dependent contractor", which will sit between the current categories of employee and self-employed. Dependent contractors will be entitled to certain employment rights, such as holiday pay and sick pay, but will not have the same level of protections as employees.
So, how will these changes impact dental associates on a case-by-case basis? Let's take a look at some different scenarios.
Scenario 1: Full-time dental associate
A full-time dental associate who works exclusively for one dental practice is currently classified as a self-employed contractor. Under the new rules, they may be classified as a dependent contractor, which would entitle them to certain employment rights such as holiday pay and sick pay. However, they would not be entitled to the same level of protections as an employee, such as unfair dismissal or redundancy pay.
Scenario 2: Part-time dental associate
A part-time dental associate who works for multiple dental practices is also currently classified as a self-employed contractor. Under the new rules, they may still be classified as a self-employed contractor if they have a high degree of autonomy in their work and are not dependent on any one dental practice for their income. However, if they are found to be dependent on one dental practice for their income, they may be classified as a dependent contractor and entitled to certain employment rights.
Scenario 3: Dental associate with multiple income streams
A dental associate who works for a dental practice but also has other income streams, such as private work or teaching, may still be classified as a self-employed contractor under the new rules. However, if they are found to be dependent on the dental practice for a significant portion of their income, they may be classified as a dependent contractor and entitled to certain employment rights.
It is important to note that each case will be assessed on its individual merits, taking into account factors such as the degree of control exercised by the dental practice, the level of autonomy of the dental associate, and the nature of the work carried out. Therefore, it is possible that different dental associates working in similar circumstances may be classified differently under the new rules.
In conclusion, the changes to employment status for dental associates in the UK will provide greater employment rights and protections for these workers, while also ensuring that dental practices are held accountable for the treatment of their staff. However, the impact of these changes will vary on a case-by-case basis.
Next steps
If you are concerned about the status of dental associates in your practice, or if you are an associate concerned about your own status, you should toalk to a professional. Acumenica have been advising clients on employment and tax status for over twenty years and would be happy to support you.
The next step is to book a call with an Acumenica accountant so we can find out a little more about your business and how we can help you. Definitely no hard sell and no obligation.
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