Self-Employed Staff

EthicalFor PVG purposes, self-employed dental staff undertaking regulated work can be deemed to be ‘employed’ by the dental practice. This means that a PVG application (Scheme Record or Scheme Record Update (Short Scheme Record) can be submitted for the self-employed staff member in the same way as direct employees of the practice.

For PVG purposes, there are two options:

  1. Self-employed dental staff undertaking regulated work can be deemed to be ’employed’ by the dental practice. This means that a PVG application (Scheme Record or Scheme Record Update (Short Scheme Record) can be submitted for the self-employed staff member in the same way as direct employees of the practice.
  2. Self-employed staff undertaking regulated work can apply to the scheme individually by requesting a Scheme Membership Statement.

Option 1 is preferable because this will ensure that the ’employing’ dental practice is recorded as an ‘interested party’. This will ensure that the practice has all known information for the applicant and will be notified by Disclosure Scotland in the event of the staff member being under consideration for listing or being listed (i.e. barred from carrying out regulated work).

Employment agency staff are not PVG checked by the practice as the agency is the ’employer’, but practices should seek assurance from the agency that locum staff are appropriately disclosure checked and not barred from regulated work.

Practices should check the eligibility of independent locum workers to perform regulated work (e.g. Scheme record for new members or Scheme Record Update for existing members), prior to them undertaking work. It is the responsibility for the individuals locum worker to have a current PVG certificate for the regulated work they will undertake.

It is an offence to offer regulated work to an individual barred from that type of work, and for an individual to agree to, or to do regulated work when they are barred.