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Whistleblowing

Whistleblowing. Whistleblowing. Gerry Devine. Today’s Session. Learn. Objective. To give a clear understanding of what Whistleblowing is and its role it has in delivering sustained high quality patient care. And provide a practical understanding of what whistleblowing means to you.

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Whistleblowing

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  1. Whistleblowing

  2. Whistleblowing Gerry Devine

  3. Today’s Session Learn

  4. Objective To give a clear understanding of what Whistleblowing is and its role it has in delivering sustained high quality patient care. And provide a practical understanding of what whistleblowing means to you

  5. Key Topics • What is whistleblowing ? • What does the law say ? • What are the benefits of getting it right ? • What are the risks of getting it wrong ? • What do the NHS and CQC say ? • What happens in Practice ? • What can we do to make thing sbetter

  6. Timings 13.15 13.30 15.00

  7. Why Care ?

  8. Because…

  9. What is Whistleblowing ?

  10. Whistleblowing is: • a complaint or disclosure from an employee/worker • about their employer, a colleague or third party’s alleged wrongful conduct • they do not have to be directly affected by the issue to make such a disclosure • the disclosure should normally be in the public interest

  11. Examples of protected disclosures • Medical negligence putting patients at risk • Sexual advances towards patients • Vulnerable patients being mistreated • Practice finances being used for personal use/ being misused • A lack of compliance to health and hygiene requirements e.g. failing to sanitise equipment

  12. What Does The Law Say ?

  13. What does the law say? • Is it serious? • Is it in the public interest? • Does the employee believe it is true? • Is the disclosure made not for personal gain? • Is it reasonable of the employee to have done this? Public Interest Disclosure Act 1996 Employment Rights Act 1996, section 43

  14. What does the law say? • Report it to the employer first (if possible)

  15. What does the law say? • The right not to be dismissed because of whistleblowing • The right not to be subjected to detriment because of whistleblowing

  16. Examples of detriment • Disciplinary action • Denial of a work-related benefit • Non-allocation of a bonus/lower bonus

  17. What are the benefits of a clear procedure?

  18. Timeline

  19. What Are the Benefits of Getting it Right ?

  20. By whistleblowing, staff are doing the right thing Staff have a duty of care for patients’ safety and public interest Whistleblowers are not trouble causers

  21. Getting It Right Means… • Improved patient care • Reduced medical negligence claims • An approach of continuous improvement

  22. What Are The Risks Of Getting It Wrong ?

  23. What are the risks of getting it wrong? • Claims of unlawful detriment • Claims of automatic unfair dismissal • Claims of constructive unfair or wrongful dismissal • Reputation (with patients, third parties and in recruiting new team members) • Failing CQC inspections • A blame culture: fear of reprisals • Stress, depression, resignation

  24. Is It….

  25. 1 – A colleague who treats patients has bad body odour

  26. 2 – A colleague is routinely treating a vulnerable adult without offering a chaperone

  27. Is It….

  28. 3 – A colleague is self-prescribing and not recording the prescriptions

  29. 4 – You think a GP is having an affair with a Nurse

  30. Is It….

  31. 5 – A locum GP is skipping scheduled home visits

  32. Is It….

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