The Dentist Magazine.

Force majeure should be invoked as extreme weather raises clawback risk

Published: 05/03/2018

The BDA has called on NHS England and the Welsh Government to invoke force majeure clauses in GDS contracts, as extreme weather conditions risk leaving thousands of dentists unable to hit UDA targets.

A large number of practices across England and Wales have been hit by cancellations and laboratory closures, which will have a significant impact on the ability to hit targets.

The BDA contends that the extreme conditions and the number of Met Office 'Red warnings' issued are well beyond what authorities define as 'normal' winter weather and do constitute exceptional circumstances for which contractors may be given relief.

Given this has emerged so close to the contract year end the ability of providers to make this up in the time available will be very limited. The BDA has said that accepting a 95 per cent UDA delivery threshold to cover the effective loss of three days would ease problems members are now facing across the country. 

BDA chair Mick Armstrong said, "Dentists are doing their level best to keep services going in such extreme weather, but through no fault of their own many are now at risk of clawback amid patient cancellations and lab closures. 

"All we are asking for is for NHS bodies to provide members with flexibility in the face of such exceptional conditions."