Equality in the Dental Practice

Question 1

What is Diversity?

Answer 1

Acknowledging people in terms of their community, culture, beliefs, life experiences, individuality as opposed to we are all the same

Question 2

What is Equality?

Answer 2

Equality is to do with fairness of opportunity and observing the rights of people so that their alterity is not discriminated against

Question 3

What is Equity?

Answer 3

Everyone gets what they need, understanding the barriers , circumstances and conditions

Question 4

What act is in place for workplaces so people are not discriminated against with protected characteristics?

Answer 4

Equality act 2010

Question 5

What is direct discrimination?

Answer 5

Treating people less favorably because of a protected characteristic

Question 6

What is indirect discrimination?

Answer 6

Putting people with a protected characteristic at an unfair disadvantage

Question 7

What is Associative discrimination?

Answer 7

Discrimination of another person’s protected characteristic

Question 8

What is perceived discrimination?

Answer 8

When it is believed that a person has a protected characteristic

Question 9

What is harassment?

Answer 9

Through violating a person’s dignity, or a degrading, humiliating, hostile, intimidating, or offensive environment

Question 10

What is victimisation?

Answer 10

Detriment to a person who is making use of the Equality Act 2010 or is thought to be doing so

Question 11

In order to defend against a claim against discrimination in a practice what is needed to be established?

Answer 11

• Equal opportunities Policy
• Staff must be trained on this policy

Without it you can’t defend a claim against discirmination

Question 12

How does the Equality Act (2010) impact dentists?

Answer 12

• Fairness to access health services for all patients
• Responsibilities of employers in discrimination against patients by members of staff
• Responsibilities of employers in discrimination of staff by patients.
• Discrimination by employers against members of staff

Question 13

What is the difference principle?

Answer 13

Social and economic inequalities are to be arranged so that they are to the greatest benefit of the least advantaged.

Question 14

What types of diversity are indicated by the Equality Act 2010?

Answer 14

Sexual orientation
Sex
Age
Disability
Gender reassignment
Religion and belief
Race and ethnicity
Pregnancy and maternity
Marriage and civil partnership
Pregnancy and maternity

Question 15

Which clinical diseases are deemed as a disability?

Answer 15

Cancer
HIV infection
Multiple sclerosis

Question 16

What is the definition of a disabled person?

Answer 16

A person who has a physical or mental impairment and the impairment has a substantial and long term adverse affect - on his or her ability to carry out normal day-to-day activities.

Question 17

What is the nature of impairment when it comes to disability?

Answer 17

Mental/physical/combination disadvantage
Determined by the effect on the person
Needs not be linked to medical illness
Does not require a known cause
May not be particularly visible
Can be fluctuating, recurring, or progressive
Also applies to past impairments

Question 18

A dental nurse is overjoyed to be expecting her first baby. However, the practice owner explains he can’t afford the additional cost for cover when she goes on maternity leave.
He suggests if she leaves her job he will give her a decent pay-off and would be glad to have her back again later.

What issues does this pose in relation to the equality act?

Answer 18

The Equality Act 2010 imposes an obligation to ensure that pregnant women are not discriminated against.

Excluding patients from your practice based on their protected characteristics is direct discrimination.

Question 19

A dental receptionist is asked by her boss to assess the type of patient coming in when a new request is made to register with the practice.

An excuse should be made not to register elderly people who might need a home visit, clients with learning difficulties from the nearby day-centre, and also anyone who requires an interpreter.

What type of discrimination is this?

Answer 19

Excluding patients from your practice based on their protected characteristics is direct discrimination, and asking a receptionist to turn them away is instruction to discriminate.

Question 20

A well-to-do middle-aged man has a series of appointments for new veneers, and on each occasion the same female dental nurse is present.

The patient gives her a lot of attention whenever the dentist is not present in the treatment room. What started as ‘banter’, however, has become crudely lecherous and is deeply offensive to the nurse.

What is the legal risk for the dentist in this scenario?

Answer 20

The Act allows employees to bring a claim against dentists for the actions of a third party (e.g. something a patient does).

A sign detailing zero tolerance of any harassment of staff could be a defence.

Question 21

The practice is located in a desirable part of town, and the community has a generally conservative outlook.

There is one patient who has disclosed his HIV-positive status to the practice. When given an appointment, the dentist ensures it is for the last of the day in order to allow for extra sterilization. He also double-gloves for this patient only.

Given that there is no clinical need indicated for extra precaution, what has the dentist accidentally done?

Answer 21

Changing our usual practice unjustifiably for patients with a protected characteristic could be direct discrimination, and placing restrictions may be indirect discrimination.

Question 22

The practice has been a happy ship for as long as anyone can remember, and there has never been a need to bother much with documents like Equal Opportunities Policies.

A member of staff, who speaks English as a second language, has repeatedly been unsuccessful in getting his post re-graded, while others have succeeded. He suspects it’s because he is foreign.

What steps should be done to ensure the dentist and the practice have a defence to this?

Answer 22

Without a written Equal Opportunities Policy, it is virtually impossible to defend a claim against discrimination, regardless of what took place, due to established precedent.

Further, staff must be trained in the content of this Policy, as there is no defence if it is not followed or not known about.

Question 23

One longstanding member of the admin staff in the practice is a perfectly charming and pleasant lady, but for some reason has an issue about people she regards as ‘tinkers’.

This particular day a rough-looking man comes in with a wild-looking boy asking to see a dentist. She makes them sit away from the other patients and wait an unusually long time for attention.

How is the dentist liable in this situation, and what steps could be taken to mitigate litigation risk?

Answer 23

Dentists are vicariously liable for any acts of discrimination committed by members of staff in the course of their employment.

It is a defence for employers to show they have taken steps that were reasonably practicable to prevent an employee acting in a discriminatory way, e.g. by having an Equality and Diversity Policy in force and arranging equality training for staff.