Legal services FAQs
Frequently asked questions about the BVA's legal services
1) What is mediation?
2) What is representation?
3) Why is the BVA providing these services to members?
4) Who is the BVA using to provide these services to members?
5) How are those in the mediation and representational roles qualified?
6) How do I access these services?
7) How does the representation process work?
8) Would mediation be compromised if an employee was already using the representation service?
9) What if I wanted to keep the support from the representation team whilst pursuing mediation?
10) Do employees and employers have to be BVA members in order to use the mediation service?
11) Can I use the mediation service to resolve a dispute with a neighbouring practice?
12) Are there any kinds of disputes which are not suitable for the representation service?
13) Who can accompany me to a disciplinary meeting?
14) What if a malicious claim is made against me?
15) How will communication take place between the employee and the allocated representative?
16) I’m an employer. What should I do if I need representation?
17) I'm an associate member of BVA. Do I qualify?
18) I’m a vet employed by government, can I use the services?
19) Is there a cost associated with these services?
20) I’m not a BVA member. How can I access these services?
21) I live in the Channel Islands. Can I use these services?
22) What if I’ve witnessed possible malpractice at work and need some advice?
1) What is mediation?
Mediation is an excellent way of resolving disputes. It involves bringing the parties of a dispute together and helping them to reach agreement. It is a voluntary process and issues discussed during mediation are confidential. Parties are free to say things that they would not be able to say in court and can do so in a relatively safe environment. Mediation can allow parties to achieve resolutions that are beyond a court’s power to award and whilst mediation does not mean that one party wins it is, more often than not, substantially better, less expensive and less stressful, than litigation.
Mediation requires compromise from both parties and usually both walk away with an agreement they can accept.
2) What is representation?
Legal representation is primarily to help resolve issues that arise in the workplace. Often, issues arise through lack of communication and differences in expectation between the parties. The representation team will be able to provide guidance and support with disciplinary and grievance issues and will attend hearings with members where required. The representation team will work throughout to achieve a sensible and amicable solution.
As part of their efforts to achieve an amicable solution, the representation team will help with correspondence and, if necessary, point out in writing the legal position to the employer and remind the employer of the possibility of legal action.
Action in an employment tribunal is one of the worst ways to resolve a dispute. But sometimes it is the only way. The representation team will, if necessary, start legal action to help employees get what they are legally entitled to.
Even then, the representation team will seek settlement, where reasonably possible, prior to tribunal. Thorough case preparation, careful drafting of tribunal claim forms and witness statements, the representation team can maximise the chance that the case is settled at the earliest stage possible. If the case cannot be settled reasonably, the representation team will see the case through to a tribunal hearing.
The representation service is available to employee members and employee associates, free of charge.
3) Why is BVA providing these services to members?
The BVA, through its Members’ Services Group (MSG) has been investigating and considering the benefits and services which BVA already provides for its members which would traditionally fall within the remit of a representative body. It was recognised that mediation and representation were areas where BVA did not adequately support its members and therefore the provision of such a service would be taken forward in order to provide a complete membership package.
4) Who is the BVA using to provide these services to members?
The BVA is collaborating with the British Dental Association for provision of these services. The British Dental Association has years of experience advising dentists in practice, both practice owners and associates/employees. BVA is confident that British Dental Association’s experienced team of practice management consultants, and their understanding of the importance of sensitivity and careful communications in resolving disputes, make them the ideal provider of mediation and representation services for BVA members.
There are many similarities between veterinary and dental practices: both tend to be small businesses with people working in a close and often stressful environment, with clinical considerations including infection control and control of hazardous substances.
5) How are those in the mediation and representational roles qualified?
The mediators have either legal qualification or other relevant qualifications and experience. All members of the mediation team have undergone extensive training in mediation from qualified mediators.
The team providing the representation service are either lawyers or human resources professionals. Cases will be assigned to the person with the most appropriate professional experience to handle the claim and, if necessary, will be supervised by a senior lawyer.
6) How do I access these services?
If you are involved in a dispute your first port of call should be the BVA’s legal advice line. Their team of specialist legal advisors will be able to offer you guidance on the most appropriate steps to take. If your advisor believes that your particular situation would benefit from referral to the mediation and/ or representation services, they will ask your permission for your case details to be forwarded to the appropriate team. Once the full details of the case have been considered, you will be contacted by the mediation or representation team who will advise you on the next steps or give you a clear explanation as to why your case is not suitable for either service.
7) How does the process work?
The process of mediation through to action in an employment tribunal follows several distinct steps of escalation.
8) Would mediation be compromised if an employee was already using the representation service?
The representation service is separate from the mediation service. The mediator will be from a different team and will have had no knowledge of the case from the representation team. Mediation will likely take place at the BVA offices or other neutral territory.
It is in both parties’ interests that the mediator is neutral. Mediation is unlikely to produce agreement if one party perceives the mediator not to be impartial.
9) What if I wanted to keep the support from the representation team whilst pursuing mediation?
If the case is simple, it may be better to stop representing you during mediation so that the other party has more faith in the process. It is important that both parties get the best from mediation and that the service is impartial.
In a more complex case, perhaps where your employer has legal representation, it would make sense for the lawyer representing you to continue to provide assistance during the mediation process.
10) Do employees and employers have to be BVA members in order to use the mediation service?
Mediation is available wherever one party is a BVA member.
11) Can I use the mediation service to resolve a dispute with a neighbouring practice?
Yes, the mediation service can be used to resolve a dispute between veterinary surgeons in different practices, or within the practice team.
12) Are there any kinds of disputes which are not suitable for the representation service?
Yes, an example would be a dispute involving a restrictive covenant. These often do not hold up under scrutiny and you would therefore be advised to reach an agreement out of court.
The representation team will only take forward cases where they believe there is a genuine chance of success.
13) Who can accompany me to a disciplinary meeting?
If your employer requires you to attend a disciplinary meeting you have a legal right to be accompanied by a colleague or a member of a trade union. Members of the representation team have union status.
14) What if a malicious claim is made against me?
The representation team will not bring claims unless they are genuine and supported by evidence.
If you believe that the representation team is bringing a malicious claim against you on behalf of an employed BVA member, you should contact the BVA.
15) How will communication take place between the employee and the allocated representative?
Representation requires effective communication between client and representative. Communication will follow whatever lines are deemed necessary. Whilst an email may be sufficient in some cases, face-to-face meetings may be necessary in others.
The representation team will need to have from BVA members all the relevant information. At the same time, the representation team believes it is vital that BVA members understand and are confident in the process.
16) I’m an employer. What should I do if I need representation?
As an employer, it’s likely that your practice insurance will provide you with the cover you need in the event of representation becoming necessary. Please check the terms of your insurance carefully. It is likely that you will need to let your insurance provider know as soon as a problem arises; otherwise you may find your insurance does not cover you.
17) I am an associate member of BVA. Do I qualify?
Yes, all BVA members have access to the services, including associate members.
18) I’m a vet employed by government, can I use the services?
Yes, all BVA members have access to the services, including those employed by government
19) Is there a cost associated with these services?
No, they are free of charge to BVA members.
20) I’m not a BVA member. How can I access these services?
If you would like to access the mediation and representation services you will be able to do so immediately on joining BVA, even if the problem existed prior to joining.
21) I live in the Channel Islands. Can I use these services?
The BVA’s legal services cannot give legal advice as the law in the Channel Islands is different to UK law. The BVA mediation service could be used on the understanding that the mediators would be working without knowledge of Channel Islands law.
22) What if I’ve witnessed possible malpractice at work and need some advice?
There are a wide variety of sources of help available to you, depending on the kind of activity which is causing concern. BVA offers detailed advice on whistle blowing and the BVA’s legal advice line will be able to advise you on whether the activity is illegal, and therefore the most appropriate steps to take.