‘Common people’ – play on whistleblowing

sharmilachowdhury's avatarSHARMILA CHOWDHURY

First time in history, a play was performed covering stories of whistleblowers with audience participation in order to educate and  raise awareness.

They were represented from UK, Italy and Romania

The play covered stories of 7 whistleblowers:

Ciro Rinaldi, Ornella Piredda – from Italy

Eileen Chubb, Sharmila Chowdhury and Ian Foxley – from England

Liviu Costache, Alin Goga and Glaudiu Tutulan – from Romania

The play was held at National Radu Stanca theatre in Sibiu,  titled, ‘Oameni Obisnuiti’, which translated means ‘common people’, because the play was about ordinary people who had decided to speak up and as a result faced detriment.

Sibiu is one of the most important cultural centres of Romania and was designated the European Capital of Culture for the year 2007, along with the city of Luxembourg. Formerly the centre of the Transylvanian Saxons, the old city of Sibiu was ranked as “Europe’s…

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Dentist May Hendry who sued NHS Ayrshire and won faces huge legal bill despite damning findings against executives

The Herald 24 March 2018

Exclusive by Helen McArdle Health Correspondent

May Hendry, a dentist based in Troon, won her employment tribunal against NHS Ayrshire and Arran (Pic: Colin Mearns)May Hendry, a dentist based in Troon, won her employment tribunal against NHS Ayrshire and Arran (Pic: Colin Mearns)

A RESPECTED dentist who successfully sued her health board after she was victimised for exposing misconduct has revealed that her legal costs outweigh her compensation despite a damning judgement against the NHS.

Dr May Hendry and her solicitor, Stephen Miller, said the case underlines how difficult it is for ordinary members of the public to pursue legal action against the “unlimited budgets” of the NHS.

Analysis: Case that exposed dysfunction riddling NHS management culture

Dr Hendry, 57, was vindicated at an employment tribunal against NHS Ayrshire and Arran in 2017 in a determination that condemned senior executives for trying to cover up wrongdoing.

Dr Hendry was awarded £80,000 damages for constructive dismissal but this will be slashed after tax, and she also incurred £85,000 in legal costs and expenses.

Whereas successful claimants in negligence cases are entitled to have their legal costs reimbursed this does not apply to employment tribunals, posing a major obstacle to staff who may wish to raise grievances for workplace bullying or harassment.

Although Dr Hendry, a part-time dentist in Troon, will have some her legal fees covered by insurance, she is still liable for much of it personally. Many NHS staff will have no insurance at all.

Read more: Dental firm suspected of misclaiming up to £300,000 avoided fraud probe on instructions of senior NHS executive

Mr Miller, a specialist employment lawyer at Clyde & Co, said NHS A&A had also wasted around £90,000 of taxpayers’ money on a case they were certain to lose.

He said: “The evidence against them was overwhelming, but the board were able to pursue a case knowing that the worst they could lose was £70-80,000 and even if the case took twice as long they wouldn’t have to pay May’s costs.

“So there is a definite point that goes well beyond May’s situation, which is that one of the dangers is that even if you win hands down you could end up having to nurse your own legal expenses.

NHS whistleblowers will get compensation if blacklisted by health service

The Telegraph 20 March 2017

A doctor holding a stethoscope 

Staff who blow the whistle will get more protection to ensure they are not victimised for disclosing bad practice  CREDIT: PA

NHS whistleblowers will be entitled to compensation if they are stopped from getting new jobs in the health service because of their disclosures, the government will announce today.

Last year a Telegraph investigation found that those who won tribunals after blowing the whistle were being effectively blacklisted from future jobs in the NHS because staff records wrongly said they had been dismissed.

Whistleblowers also claim they have been barred from positions, despite being fully qualified, because they are viewed as troublemakers.

But under new proposals announced on Monday jobseekers who believe they are suffering such discrimination can take NHS bodies to tribunal, even before they have worked for trusts. If upheld, they will be entitled to compensation.

 

Jeremy Hunt will announce that whistleblowers can take the NHS to tribunal if they are denied work

Jeremy Hunt will announce that whistleblowers can take the NHS to tribunal if they are denied workCREDIT: PA

 

Jeremy Hunt, the Health Secretary, said: “Today we move another step closer to creating a culture of openness in the NHS, where people who have the courage to speak up about patient safety concerns are listened to, not vilified.

“These welcome changes will prohibit whistleblowers being discriminated against when they seek re-employment in the NHS, ultimately ensuring staff feel they are protected with the law on their side.”.

Last year Sir Robert Francis published a review which found a number of people struggled to find employment in the NHS after making disclosures about patient safety.

Sir Robert warned of a culture of ‘fear, bullying and ostracisation’ within the NHS that punished doctors and nurses who exposed failings.

He said whistleblowers were derided as ‘snitches, troublemakers and backstabbers’.

 Jennie Fecitt at home in Cheshire,Jennie Fecitt at home in Cheshire CREDIT: JON SUPER, TELEGRAPH

 

Last year a former NHS human resources director told The Telegraph that staff records were being used to blacklist whistleblowers.

She said that anyone whose record states they have been dismissed from a previous role “would find it very hard to get work”.

Jennie Fecitt, who was dismissed from her post as a senior nurse at a walk-in centre in 2010, after raising concerns about a nurse who had lied about his qualifications.

Ms Fecitt went on to win an unfair dismissal case against NHS Manchester, which found she had been bullied and victimised by her colleagues.

But she later discovered that her employment record continued to state her reason for leaving as “Dismissal – Some Other Substantial Reason”.

Ms Fecitt, who went on to become the director of the whistleblowing organisation Patients First, said that many of her 200 members have reported problems with their staff records, and believe these are preventing them from finding work in the NHS.

The announcement comes ahead of a speech by Mr Hunt at the Learning from Deaths conference which is bringing together senior NHS leaders to find better ways to investigate complaints and learn from the death of patients.

A consultation on the new proposals is now open and will run for eight weeks, closing on 12th May 2017.

 

Ex-teacher sues for £700k after headmistress bullying ordeal

Evening Standard   9 March 2018      ANNA DAVIS 

Quit profession: Caroline Hadley told the court  that “teaching was my life”Quit profession: Caroline Hadley told the court that “teaching was my life” NEV AYLING

A former teacher who endured years of bullying by her headmistress is suing for £700,000 in damages

Caroline Hadley, 40, was the assistant headteacher of Gearies Primary School, Ilford, working under Anupe Hanch. 

Ms Hadley’s barrister Andrew Buchan said she was “exposed to a hostile working environment” over a four-year period and bullied between June 2010 and July 2012. She became “a direct target” after successfully steering the school through an Ofsted inspection, Central London county court heard. 

 

Mrs Hanch “undermined her career” by branding her a “rogue member of staff”, Mr Buchan claimed. She told the school finance officer that Ms Hadley “could not be trusted”, spread gossip about her and asked the caretaker to lie about her behaviour, the court heard. 

Mrs Hanch was eventually suspended and in May 2015 was found guilty of unacceptable professional conduct by the National College for Teaching and Leadership, said Mr Buchan. The panel found she said she would like to “chop off” a colleague’s head and once locked a teacher in an office for three hours. 

She was dismissed and, in June 2015, barred from teaching for life by the Government. Ms Hadley became head of a primary school in Camden but suffered depression and quit the profession, the court heard. 

 

She returned to her native Lancashire, where she cares for her mother. She is now suing the borough of Redbridge, which runs Gearies Primary School, over the bullying and harassment. The council has admitted breach of duty but is disputing the amount of compensation due to her.

Visibly upset in court, Ms Hadley said: “Teaching was my life… I tried going back several times and fought so hard for my career. But desire doesn’t have anything to do with it — there’s no way I could ever go back to teaching now.”

However after hearing all the evidence over two days, Judge Heather Baucher highlighted problems in the preparation of the case and directed a re-hearing of the claim.

She told Miss Hadley: “It’s not a decision which a trial judge takes lightly.  I know it’s very distressing for you, but it’s the right way forward.” 

The case is expected to return to court in September.

Mrs Hanch, 53, had no part in the case and was neither present nor legally represented in court.  

Healthcare company misled regulator about pensions

FT Aadvisor 8 March 2018

Healthcare company misled regulator about pensions

A healthcare company and its managing director have been found guilty of misleading The Pensions Regulator (TPR) about providing their staff with a workplace pension.

Birmingham-based Crest Healthcare and managing director Sheila Aluko admitted recklessly providing false or misleading information to the regulator and wilfully failing to comply with their automatic enrolment duties before Brighton Magistrates’ Court yesterday (7 March).

Ms Aluko had lied to The Pensions Regulator in March 2016 about informing and enrolling 25 staff into a workplace pension scheme.

But in reality, the court heard, the employer had not written to or enrolled any staff, it had not even fully set up a pension scheme and no pension contributions were paid.

What is more, Crest began deducting pension contributions from the wages of some workers but kept them in the company’s bank account and did not pay them into a pension scheme for more than eight months, the court heard.

It was only after a whistleblower raised the alarm that the pension scheme was set up and the contributions were paid in.

This was the first time the The Pensions Regulator has prosecuted an employer for knowingly providing false information in relation to auto-enrolment.

Darren Ryder, The Pensions Regulator’s director of automatic enrolment, said: “Sheila Aluko tried to conceal her company’s non-compliance by hiding behind false information and misleading her staff that their pensions were up and running.

“It was only after we intervened that the employer finally complied with its duties and provided its staff with the workplace pensions they were entitled to.”

He said the case should send a “clear message that it is unacceptable to dodge your pension responsibilities” and that further action would be taken against anyone failing in their duties.

Crest Healthcare and Aluko each pleaded guilty to one charge of knowingly or recklessly providing false or misleading information to the regulator and two charges of wilfully failing to comply with their automatic enrolment duties.

Both charges carry a maximum sentence in a magistrates’ court of an unlimited fine.

If tried in a Crown Court the maximum sentence for each offence would have been two years’ imprisonment.

The case was adjourned for sentencing until 15 May.

carmen.reichman@ft.com