Combating NHS Bully Culture: Success for Whistleblower
Senior President of Tribunals Re-Examining Victim Treatment at Tribunals FOURTH & FIFTH# successes for this campaign came in December 2020 - following Marianne Richards' 117 page Report to the Senior President of Tribunals (SPT). A text transcript (minus evidence #) is available at Amazon as: Evil Psychologist in a Culture of Denial (see below). SPT staff will re-examine procedures, to ensure litigants-in-person are given more informed access to Tribunals. The SPT cannot implement legislative changes (see FAIR DEALING - bottom of page]. However, difficulties for lay claimants are firmly in the beam of this most senior of legal bodies. Once decisions have been made, they will be posted here.
NHS England & NHS Improvement, overseeing improvements to NHS Governance, are 'still working with AWP'; this includes improving their 'Freedom to Speak Up' & related Board procedures - and, critically, reducing damage to staff caused by AWP's failures. Shockingly, this has been going on since 2019. How long will it take AWP to learn lessons? At least, I received a very well worded apology from the Investigator, which is more than AWP or Bevans have done.
# reverse date order: 2017 Bristol Tribunal Judge praises Marianne Richards for fortitude & bravery, in bringing a case against AWP 2017 BANES Health Commissioners promise to write new check-backs 2018 AWP set up confidential staff anti-bullying help line 2020 Senior President of Tribunals staff directed to follow-through on issues highlighted by Marianne's Report 2021 NHS Improvement 'still working with AWP' to improve Governance, including negative attitudes to whistleblowers
Evil Psychologist in a Culture of Denial is my experience of bullying in the NHS, the story arc and suggested remedies. In my view, lacunas in HR systems form the core reason for the increase of NHS staff bullied by managers, against a backcloth of stress. Causal factors of NHS stress are well-known: lack of funding, constantly changing perameters, poor dynamics, ill-trained HR staff - also a plethora of sociopathic managers, attracted to the NHS BECAUSE they can get away with gross behaviour.
My case study cites Avon & Wiltshire Mental Health Partnership Trust (AWP) & 'bully-boy' legal team, Bevan Brittan LLP. They are 'bully boys' (as I informed the Snr President of Tribunals) because they are trained to hector, manipulate evidence & adopt tactics mentally damaging to litigants-in-person. They do not realize this - such behaviour being 'normal' to the legal profession.
AWP & Bevans prevented my reaching an Employment Tribunal for 11 YEARS; using specious arguments, misrepresented/ tampered with /withheld documents, legal gamesmanship. Instead of mediation, they hounded me into unfair 'settlement,' whilst AWP refused responsibility, blaming me for pre-existing stress in a mismanaged department of professionals. Why such harshness? Because I 'blew the whistle' publicly. I exposed a cover-up by Board members, senior HR & Psychologists. AwP remain in denial despite overwhelming evidence, which I sent again and again only to be ignored. Now, it is lodged with the SPT.
I 'named names' because I was angry at my vile treatment and years of suffering at the hands of this Trust. However, time and the above successes cushioned my need for 'exposing,' in favour of offering information & advice to victims and those supporting them. And by victims I also mean misguided perpetrators, those who panicked and ran away, also those who covered up.
Mismanagement at NHS Investigatory Bodies During extensive analysis by myself and my Mackenzie Friend, as documents came to light, I proved a trail of mismanagement, naive collusion & faulty systems at NHS investigatory bodies. Staff had been swayed by falsified reports, were unaware of their responsibilities, failed to read documents & made incomprehensible decisions. AWP are under investigation by 'NHS England & NHS Improvement,' a department set up by the Government to improve standards. No doubt they are overwhelmed by the volume of evidence from shell-shocked NHS employees. However, there is more campaigning to be done, to close the gap between between law & justice. I call this, FAIR DEALING. This is fully covered in the book but here is a summary:
FAIR DEALING - improvements to legislation & HR systems Aim:
to prevent biased internal Dignity at Work investigations
remove NHS Trust legal funding - to prevent Trusts using legal teams to block Tribunals
re arranging the roles of stakeholders - using ACAS as prime arbitrator
Unjustified Use of Legal Teams by NHS Trusts Only those experiencing injustice from legal professionals understand the anguish of victims without legal representation. That Barristers prevent claimants reaching Judges is preposterous. This turns our legal system into a farce: where something Mr X did in 1794 results in Mr X/Ms Y entering 21st century Court afraid of being presented as a fool or liar. Even medical experts dread Tribunals: a clever-dicky Barrister in wig & gown does not consider how their 'win' can ruin a hard-won medical reputation, reducing a decent NHS professional to a laughing stock. I too have been misrepresented in a vile way by legal professionals- another form of bullying. FAIR DEALING addresses this but needs a campaign with legal advice & funding. I am to ill to continue - can YOU take this further?
FAIR DEALING SUMMARY
extensive anti bullying training for all NHS seniors
bullying awareness training for all employees
victim access to independent support - helpline & free counselling
All Dignity at Work investigations made by professional mediators such as ACAS
ACAS intervention to be made compulsory
ACAS given full access to employee & HR records for investigating
CQC instructed to investigate staff-on-staff bullying - not only direct patient care
MP's given legal power to refer cases to Tribunals, if Chief Executives refuse mediation
victims given sufficient recovery time, to prevent railroading inadequate 'settlement' offers
NHS Trusts barred from using public funds to pay legal firms like Bevan Brittan
legal funding redirected to ACAS or CQC - allowing them to appoint staff & expert advice
rogue NHS Trusts to provide 'full & fair' reference - no 'blacklisting' or 'basic' references
all claims settled via Judicial Settlement by Judge in Chambers
where appropriate, full written apology to victim and:
victim entitled to refute false claims about work /personality (moral redress)
victim offered re-training at the expense of former employer
bully managers & rogue staff investigated by ACAS and dealt with by Tribunal Judge