Preventing harassment before it becomes a problem

Sarah Buxton explains why dental practice owners need to take action now, before October's employment law changes arrive.

Most dental practice owners spend their time worrying about patient care, recruitment, compliance, CQC inspections and keeping the practice running smoothly.

Very few wake up in the morning thinking about harassment claims.

Unfortunately, that is often why employers find themselves facing them.

The reality is that harassment claims rarely arise from a single dramatic incident. More often, they stem from patterns of behaviour that have gone unchallenged, concerns that were quietly ignored, or workplace cultures that were never properly examined.

The changes in legislation for dental practice owners regarding a stronger obligation on practice owners to prevent harassment, should be a wake-up call.

"It could never happen here"

Over the years, I've spoken to many practice owners who were genuinely shocked when issues emerged within their teams.

After all, they've worked alongside employees for years. They're proud of their culture. They consider their team to be like family.

The problem is that workplace harassment doesn't always look the way people expect it to.

Sometimes it is a receptionist feeling uncomfortable about repeated comments from a patient.

Sometimes it is inappropriate banter that has gradually become part of the workplace culture.

Sometimes it is behaviour that one person sees as harmless but another experiences very differently.

And sometimes nobody raises concerns until a valued employee resigns.

By that stage, the legal and reputational risks can be significant.

The cost of getting it wrong

Most employers think about the financial cost of an employment tribunal.

That is understandable.

However, the biggest cost is often elsewhere.

A harassment complaint can lead to:

• Low morale across the team.

• Increased staff turnover.

• Recruitment difficulties.

• Management distraction.

• Reputational damage.

• Loss of trust in leadership.

  
  

In a dental practice, where teamwork and patient experience are so closely linked, these consequences can be felt almost immediately.

A practice can recover from many operational challenges.

Rebuilding culture and trust is much harder.

Patients can be the problem too

One area many dental practices overlook is patient behaviour.

Most patients are courteous and respectful. However, occasionally staff are subjected to inappropriate comments, unwanted attention, discriminatory remarks or aggressive behaviour.

Historically, some employers have viewed this as simply "part of the job".

That approach is becoming increasingly risky.

If a member of staff reports inappropriate behaviour by a patient, the question may no longer be simply whether the patient behaved badly.

The question may be: What did the practice do about it?

Policies alone are not enough

One of the biggest misconceptions I encounter is that having an employee handbook solves the problem.

It doesn't.

A policy hidden in a drawer, sitting unread on a shared drive, provides very little protection if an issue arises.

The direction of travel in employment law is clear. Employers are increasingly expected to demonstrate that policies are actively implemented, regularly reviewed and supported by training.

Can your managers recognise harassment?

Do employees know how to raise concerns?

Have risks been assessed?

Would you be able to show evidence of preventative action if challenged?

Many practice owners simply don't know the answer.

Why legal advice matters

The difficulty for busy practice owners is that every workplace is different.

A two-surgery practice with six employees faces different risks to a multi-site dental group employing dozens of people.

Generic online policies will not identify the particular vulnerabilities within your practice.

Good legal advice is not about creating paperwork. It is about identifying risks before they become claims.

It involves asking questions such as:

• Are your current policies fit for purpose?

• Does your training meet current legal expectations?

• Are associates included within your approach?

• Are patient-facing risks being properly managed?

• Are managers equipped to deal with complaints?

• Could your culture unintentionally expose the practice to risk?

  
  

Most importantly, it allows you to fix potential problems before they become expensive disputes.

Prevention is always cheaper than litigation

As an employment lawyer, I can say with complete confidence that it is almost always easier, quicker and less costly to prevent a workplace problem than to defend one.

Once a grievance has been raised or a tribunal claim has been lodged, your options become significantly more limited.

Taking advice now means you can review your documentation, update policies, train your managers and strengthen your procedures before the law changes take effect.

More importantly, it demonstrates to your team that their wellbeing genuinely matters.

A final thought

The best dental practices understand that compliance and culture go hand in hand.

Employees who feel respected, supported and safe are more likely to stay, perform well and contribute positively to the success of the practice.

The question is not whether a harassment issue will definitely arise in your practice.

The question is whether, if one did, you could confidently demonstrate that you had done everything reasonably possible to prevent it.

If you're not sure of the answer, now is the time to seek advice. The cost of prevention is almost always lower than the cost of the cure!

Take practical steps to protect your practice

If you are unsure whether your current policies and procedures go far enough, our Worker Protection Pack can help you take practical steps to prevent harassment and protect your team.

With updated policies, staff training and resources for managing risks involving patients and other third parties, this pack can help you create a safer workplace and demonstrate that you have taken your responsibilities seriously.

To find out more, call 0330 088 2275 or email info@buxtoncoates.com.