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  4. Consultancy

These terms and conditions concern the consultancy services accessible by members with Expert membership. It provides guidance on the services offered, to whom they are available and when they are available. This policy does not confer any rights upon members of the BDA and consultancy services are provided at the absolute discretion of the BDA in line with the terms of this policy and the Association’s Terms and Conditions of Membership, Membership Definitions and associated documents.

Members to whom consultancy services are available

  1. Access to paid consultancy services is reserved for members in good standing with Expert membership and may be offered subject to the terms of the remainder of this policy.
  2. We will not provide consultancy services to any person who is not a member at the time consultancy services are sought. Members within the Essential and Extra tiers of membership are permitted to upgrade to Expert to access consultancy services.
  3. In relation to access to and the provision of consultancy services we will not discriminate on the grounds of colour, race, nationality, ethnic or national origin, disability, sex, marital or civil partnership status, sexual orientation, age, religion or belief.

Description of services

Consultancy services include:

  • A Practice Management Consultant conducting a single employment disciplinary or disciplinary appeal hearing via Microsoft Teams, in relation to a general practice employee, including carrying out any necessary disciplinary investigations and drafting outcome findings and recommendations; or
  • A Practice Management Consultant conducting a single employment grievance or grievance appeal hearing via Microsoft Teams, in relation to a general practice employee, including carrying out any necessary investigations relating to the grievance and drafting outcome findings and recommendations; or
  • A Practice Management Consultant conducting a single employment capability meeting or capability appeal hearing via Microsoft Teams, in relation to a general practice employee, including drafting outcome findings and recommendations; or
  • A Practice Management Consultant conducting a redundancy consultation processor appeal hearing via Microsoft Teams, in relation to a general practice employee, including carrying out any necessary considerations relating to the redundancy process and drafting outcome findings and recommendations; or
  • A Practice Management Consultant assisting with recruitment interviews via Microsoft Teams, in relation to any general practice employee or self-employed contractor / document HR file onboarding for new recruits (all staff/self-employed); or
  • A Practice Management Consultant conducting a without prejudice employment discussions via Microsoft Teams, in relation to any general practice employee, including drafting a settlement agreement; or
  • A Practice Management Consultant conducting an interpersonal mediation via Microsoft Teams, in relation to a general practice employee dispute or other general practice interpersonal disputes involving a non-dentist, including drafting an agreement; or
  • A Practice Management Consultant working with a member via Microsoft Teams, to review and compile a staff handbook and/or policies; or
  • A Practice Management Consultant working with a member to review and check terms and conditions of supplier contracts, equipment, laboratory services, waste services, cleaning services, communications, recruitment agency, advertising services and contracts with patients; or
  • Formal investigations and employment meetings (including disciplinary, grievance, and capability) will be recorded. Where a meeting is recorded, a checked and verified transcript will be provided for accuracy and record keeping purposes.
  • Other bespoke consultancy services that may be agreed between the BDA Consultancy Services and a member. 

Terms and conditions for the provision of consultancy services

Any offer to provide paid consultancy services to members with Expert membership is made at our absolute discretion. We will not offer to provide consultancy services unless the following conditions are satisfied:

  • We have sufficient staff capacity to provide the service at the time it is requested.
  • The member requests consultancy services at a sufficiently early stage for us to be able to reasonably provide the service.
  • The member has complied with all reasonable requests we have made for the availability of information.
  • We have been provided with all relevant and necessary information in a timely manner including:
  • For employment consultancy services relating to staff grievance hearings: a copy of the grievance letter; copies of all evidence requested; copies of all relevant correspondence; a copy of any contract of employment; and copies of other relevant documentation.
  • For employment consultancy services relating to staff disciplinary hearings: copies of all evidence; copies of all relevant correspondence; a copy of any contract of employment; and copies of other relevant documentation.
  • For employment consultancy services relating to staff capability hearings: copies of all evidence; copies of all relevant correspondence; a copy of any contract of employment; and copies of other relevant documentation.
  • For all consultancy services: all other pertinent information, correspondence and documentation requested by us. Consultancy services will be provided on a working day agreed in advance between the member and the Practice Management Consultant appointed to provide the service.

Consultancy services are offered subject to the Association’s Terms and Conditions of Membership, Membership Definitions and associated documents.

Restrictions on consultancy services

We reserve the right to nominate which Practice Management Consultant will provide the consultancy services requested.

In the event of the unforeseen absence of the Practice Management Consultant initially appointed to provide consultancy services, and where the BDA has used reasonable endeavours to appoint an alternative Practice Management Consultant to provide the consultancy service but has been unable to do so, we reserve the right to either rearrange the date on which services are to be provided by agreement with the member requesting the service, or to terminate the agreement for provision of the consultancy service.

We reserve the right to refuse or to withdraw an offer to provide consultancy services in the event that we perceive there is or may be a conflict of interests in relation to another member (regardless of whether that member is a member with Essential, Extra or Expert tier membership).

Consultancy services may be withdrawn immediately if:

  • The member ceases to be a member in good standing for whatever reason.
  • The member fails to comply with any reasonable request we make.
  • The member fails to provide any information or documentation requested within the time frames requested.
  • We perceive there is or may be a conflict of interests in relation to another member.

Fees and costs for consultancy services

Fees for consultancy services will be charged on an hourly rate basis of £150.00 plus VAT per hour for time spent by a BMA Consultant in delivering services, including (but not limited to) disciplinary, grievance, capability, investigations, redundancy, recruitment processes, settlement discussions, mediation, and review of employment documentation and contracts.

In the case of any bespoke consultancy services, a fee will be agreed between the BDA and the member requesting the service, based on an hourly rate plus VAT and any staff expenses.

Where deemed necessary and in agreement, the Practice Management Consultant may travel to the practice. The travel time and expenses will be paid by the member.

We will endeavour to seek the member’s prior approval before we incur any staff expenses.

An estimated quote for the services will be provided prior to delivery of the agreed consultancy service. A corresponding bill of consultancy hours completed will be issued on completion of the service delivery.

Fees will be subject to periodic review and the website updated accordingly.

Member responsibilities and limitations

We will not be held liable for any loss or detriment suffered, directly or indirectly, if a member does not provide us with all necessary and relevant information, and in a timely manner.

We will not be held liable for any loss or detriment suffered, directly or indirectly, if a member does not follow or accept our advice or recommendations.

The BDA offers no warranty or guarantee of any kind that employment consultancy services will prevent a successful claim being made by a member of staff or will ensure a successful claim against a member of staff.

Data protection

Any information we obtain in the course of providing consultancy services will be processed in accordance with the General Data Protection Regulation 2018 (GDPR) and Data Protection Act 1998.

To ensure accuracy and transparency, audio monitoring of employment consultancy services relating to formal employment grievance, disciplinary, capability meeting and investigations are transcribed and recorded using audio in Microsoft Teams. As records created for these proceedings need to be of good quality to support any conclusions. Individuals will be alerted that recording is being carried out. Upon completion of the consultancy, the recording and transcription will be provided to our member for their employment file.

Complaints

Any member who is not entirely satisfied with our consultancy service is encouraged to contact by email to [email protected].

Compliments

In line with our commitment to enhancing the quality of our consultancy services and promoting transparency, we may kindly request a testimonial or an impartial review from our members. Participation in this feedback process is entirely optional, and we respect our members' choice in this matter.

Interpretation