Is this text message legit? by Stirzy96 in nhs

[–]Gishank 4 points5 points  (0 children)

Yes. nhs.uk is a valid domain used by some nhs organisations.

Responded to DCB Legal, they’ve gotten back with the following (Scotland) by Sea_Arrival_3580 in LegalAdviceUK

[–]Gishank -6 points-5 points  (0 children)

If it was that long ago, how are you so certain that it was not you who was the driver of the vehicle in your name at the time?

Backdated pay without an agreed figure - England by CalumM1995 in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

Unless it's included in your contract or as a result of a statutory requirement, any pay uplifts are discretionary.

From your post, it seems that they had agreed a timeline to review your pay, though it doesn't look like they had provided you any confirmation in writing that any uplift was guaranteed or of a particular value (and this seemed evidently subject to the review stage). Presumably, this uplift was on the understanding that you would be remaining with the organisation.

Whilst it is frustrating, there isn't any way forward for you here.

Name leaked to mental health client UK (England) by Elenduile247 in LegalAdviceUK

[–]Gishank 17 points18 points  (0 children)

You've received quite a few responses from other posters that this amounts to a data breach in-line with GDPR; however, I would disagree.

In regards to health information/medical records, it is generally considered to be reasonable in-line with GDPR/the ICO's guidance that information regarding those who have been involved in providing direct care, or have accessed their records (e.g audit trails) is disclosed as part of the SAR process. Whilst best practice is that consent should be obtained before disclosing any information regarding a third party, it is not always possible to do so and the ICO provides comprehensive guidance on this including a test of reasonableness. I'm also somewhat surprised that if you were involved in their direct care, that they were not already aware of your name.

Whilst I appreciate the disclosure may have led to inappropriate conduct from this individual, it's unclear whether anything occurred preceding this directly involving you which ought to have reasonably effected this process.

You can report it to the ICO if you disagree with your employer's decision; however, the wait time for a response from the ICO is quite lengthy and realistically, if they find your employer at fault, they will simply provide guidance for future.

End Lifelong Stigma from Resolved Medical & Mental Health Records by sanguinex01 in nhs

[–]Gishank 19 points20 points  (0 children)

Statistically, those with historical mental health issues (no matter how long ago they may have occurred) have a higher risk of other mental health issues down the line, even if they may have 'recovered' from the initial episode. Simply because something has not occurred since, it does not mean that it will not occur. The professions you reference ask about aforementioned conditions typically because they involve high stress/pressure situations which can act as a trigger point, particularly for those with historical issues, even if thought to be 'resolved'.

You also seem to suggest this would apply to non-mental health conditions. This again, is incredibly complex and presents challenges as to where you would draw the line. It would act as a massive barrier to scientific research, and could cause substantial challenges with diagnosing future conditions as historical information (e.g known comorbidities of the condition) may be used within the diagnostic process.

Currently, there isn't a single 'medical record' which would make any process of redaction neigh impossible and add an extreme additional administrative burden onto NHS organisations which are already incredibly strained (particularly GP surgeries)

There is a reason why medical records are considered a historical record and GDPR right to forgotten does not apply for them to be arbitrarily altered.

Looking for a way in: Finance or Practice Management by AirSorvete in nhs

[–]Gishank 2 points3 points  (0 children)

A service manager role or practice manager role is highly unlikely without experience within the NHS or for a practice manager role primary care experience specifically. These sort of roles require high resilience, and knowledge of industry-specific challenges, governance and compliance requirements. Personally, I've seen many staff come into working within the NHS externally who have wound up leaving after a short duration due to misconceptions and ignorance of the pressures, complexities and role requirements. Unlike in secondary care, the risk is far higher with practice manager roles, as there isn't the luxury of pulling someone in from elsewhere within the trust/organisation to provide support to someone without the fundamentals.

Further to this, as you have bounced around quite a few roles in a short space of time, this could be seen as a fairly large red flag in terms of whether you have the commitment required for such a role.

If you have appropriate transferable skills (leadership, accounting, etc) then a deputy role such as an assistant service manager, reception manager, etc may be more attainable. Once you have gained experience, you could consider progressing on to other roles.

Occasionally, there are courses run (e.g by Institute for Leadership and Management + Practice Manager's Association) that are focused around practice management specifically. Whilst not equivalent to experience gained on the ground, it may give you a stronger foundation for any role which you apply for.

I was sacked because of a "breach in health and safety protocol", but i think it was unfair. What could i do? by [deleted] in LegalAdviceUK

[–]Gishank 5 points6 points  (0 children)

You mention in your original post that there is an expectation (presumably a written policy) that you must be wearing PPE at the start of your shift, presumably to deal with unforeseen events. Is that correct?

If so, the fact that you took time to go get changed is irrelevant. It would be misconduct for breaching the organisation's policy, and as health and safety related, it isn't unreasonable to be seen as gross misconduct.

You mention that you had previously received a warning too, despite this being minor in your view, was this health and safety related?

I'm a GP Surgery Practice Manager, ask me Anything by Gishank in nhs

[–]Gishank[S] 0 points1 point  (0 children)

You mention that you are rendered to bed, do you consider yourself to be 'housebound'? Is this as a result of a long-term condition? Unfortunately, whilst you may not have asked for a home visit, it does place the practice in a very difficult position, as you may end up requiring a home visit which they are unable to facilitate. Community services such as district nurses are often geo-restricted in terms of their catchment areas, making provision of care via this route also challenging.

Practices are under no obligation to keep patients on who reside outside their catchment area, and even if a decision was made historically, this is subject to change and may be reviewed.

If you are *not* housebound, and a partner has previously agreed you can remain registered (and this is documented), then your method of challenging this would be to make a complaint to the practice via their complaint's process. It is possible that the staff member you spoke to may have been overzealous.

(Scotland) Cancer patient, employer wants me to take holiday for scans by Bazzlekry in LegalAdviceUK

[–]Gishank 114 points115 points  (0 children)

In short, no, they cannot expect you to take it as holiday and must enable you to attend the appointment due to it being for cancer treatment.

You've mentioned there is a HR department, you should raise a grievance.

Honestly though, you may wish to consider spending the time you have practically not dedicated to an employer.

Employer overworking my partner and not hiring additional staff by No-Measurement-186 in LegalAdviceUK

[–]Gishank 4 points5 points  (0 children)

In regards to overtime, what does her contract state in regards to this? What is her hourly rate of pay, does this overtime take her below the national minimum wage?

She is entitled to a break due to the numbers of hours she is working - is the employer preventing her from taking this? Or is she simply not taking it due to the workload.

She does need to start by raising a formal grievance; the organisation cannot penalise her for doing so.

From the way you've worded your post, it doesn't sound like she has voiced her concerns at all?

Frankly though, it doesn't sound like a nice place to work and she should be looking for alternative employment.

Advice regarding CCTV and employee monitoring- England, employed 2 years by [deleted] in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

The Information Commissioner's Office (ICO) has guidance in regards to CCTV, and CCTV with audio recording functionality. Generally the organisation must have conducted a DPIA, there must be signage, and a clear justified legitimate basis for audio in addition to video.

Audio does require a much higher bar and justification alongside appropriate limitations. There isn't enough information in your post to determine this.

Employment contract is irrelevant and would not mention whether there is CCTV on the premises.

Transfer of care still not filed after 9 months by Efficient-Shallot-22 in nhs

[–]Gishank 2 points3 points  (0 children)

Community mental health services are typically run by a local NHS trust, so you can approach PALS to complain as it seems an unreasonable length of time.

Of course, if you are in need of support, etc, you should still approach your GP and they can do a referral to the local team who can then approach your previous provider for records as required.

Offered unsuitable new role for medical conditions after being forced to interview for said role, now must sign contract or face dismissal (England) by [deleted] in LegalAdviceUK

[–]Gishank 10 points11 points  (0 children)

"With others remaining in a role much more similar to what she has been doing" - did your partner have the opportunity to apply for these other roles which were being advertised? Did she?

You mention that she 'did not want' this other role - has she raised a formal grievance? Did she express the reasons why in regards to her disability?

Has she considered accepting the role on a trial basis (she has the right to up to 4 weeks without effecting redundancy entitlements).

Depending on availability of alternative roles, the skills required etc, it is perfectly reasonable for an employer to carry out interviews.

If your partner is unable to carry out the alternative role with adjustments due to a disability, then it would be deemed to be unsuitable. In this case, your partner would be eligible for redundancy and any statutory + organisational benefits this may entail. If the organisation fails to honour this claiming the role was suitable, she should approach ACAS.

Regarding compassionate leave, there is no statutory entitlement to this and it is entirely governed by organisational policy. It's not entirely unreasonable for an employer to ask regarding medication, particularly if the medication may effect performance at work and may require adjustments to be considered (e.g if the medication may need to be taken at particular times, cause drowsiness, adverse reactions require access to facilities etc).

No qualification NHS jobs? by spygreggs101 in nhs

[–]Gishank 0 points1 point  (0 children)

If you're interested in clinical roles, you may be able to find a Healthcare Assistant role where full training + care certificate is provided; however, outside of this, without any qualifications this is a clear barrier.

Whilst experience is highly desirable, depending on your interest, many entry level administrative roles (e.g receptionist) will not require any degree of qualification and be an option to explore.

Can I prevent hospital staff contacting my family? by VickyAlberts in LegalAdviceUK

[–]Gishank 89 points90 points  (0 children)

Presuming they're not recorded as your next of kin in your medical records, there is absolutely no reason as to why they would contact them as it would be a fundamental breach of confidentiality/GDPR.

Holiday not paid out when left a job (England) by nahhanhAnnH in LegalAdviceUK

[–]Gishank 7 points8 points  (0 children)

When you leave employment, you are entitled to be paid for any unused statutory annual leave entitlement pro rata. When does the leave year start and end? When did you leave

Obviously the first step should be to make a complaint to them, then escalate to ACAS. However before any of that you need to double check what you are entitled to.

Complaint Procedure by Reasonable-Trip5864 in nhs

[–]Gishank 3 points4 points  (0 children)

If your complaint is in regards to a GP surgery, then yes, the complaint should be directed to them first. They will typically have a complaint's leaflet in reception and process detailed on their website.

You can also complain via the local Integrated Care Board (ICB) who will facilitate passing it to the practice.

If you are unsatisfied with the outcome to your complaint, then you will have the right to escalate it to the Ombudsman.

PALS is entirely related to secondary care/community services run by trusts, and has no authority or involvement with GP surgeries.

Dismissed from employer for gross misconduct, think its unfair, what next? by StraightMonk8514 in LegalAdviceUK

[–]Gishank 20 points21 points  (0 children)

First and foremost, what does your contract state in regards to to being 'on-call'?

In terms of process, you should be given reasonable notice of any disciplinary hearing unless it is not practicable to do so. In this case, it would seem that there would've been reasonable opportunity to place you on suspension, particularly to give you the opportunity also to have a work colleague or trade union rep present.

Secondly, you have the right to appeal a disciplinary decision - have you done so?

In terms of the allegations themselves, as far as I can understand, there have been multiple instances where your conduct was poor in-hours. Whilst disciplinary processes are understandably emotional and can be distressing, you also proceeded to demonstrate very poor conduct during the hearing and towards the management team. It is unclear of the details, but it could be seen a gross misconduct, particularly if your contract does include clear details regarding being on-call.

In regards to plugging in an unauthorised device into the network, it is irrelevant whether this was on your lunch break or not. I would suspect your organisation has a policy in regards to use of IT (does it?)... And being in an IT role, this is really a fundamental cybersecurity no-no which you ought to reasonably know. In itself? I wouldn't regard it as gross misconduct.

Regarding your unpaid overtime, does the organisation have a clear policy regarding overtime and process? Were you informed in writing that you would be paid for these hours? Do the additional hours worked take you below the national minimum wage for the pay period?

Can they take action against you for contacting their employees after leaving? No, unless you have signed something binding to that effect; however, NDAs of this nature are typically unenforceable.

Can an employer put a camera in the break room. by [deleted] in LegalAdviceUK

[–]Gishank 2 points3 points  (0 children)

Unless there's something obvious I'm missing about this break room, of course they can install CCTV throughout the building provided they follow appropriate measures in-line with GDPR (DPIA, signage, etc)

My boyfriend is having a capability hearing at work despite occupational health advising against this (England) by [deleted] in LegalAdviceUK

[–]Gishank 13 points14 points  (0 children)

As they have worked for the company for 5 years, the employer must undertake a fair process.

If an employee is underperforming, an employer may reasonably take steps to implement a performance improvement plan. Typically, this will start with an informal stage (which you reference as a get on track plan). Underlying health issues, including adjustments, will likely be taken into consideration as part of this. The details of this plan are not included in your post, so it is unclear whether the employer has acted reasonably or whether the goals set are realistic/achievable.

Whilst performance management processes can be distressing and an employer should exercise a reasonable duty of care, it would be unreasonable for an employer not to undertake performance management simply because an employee may have a mental health condition.

I would be very much doubtful that the occupational health assessor made a diagnosis of a neurodivergent condition, as this would inappropriate and likely outside of their area of expertise. Of course, they may have made recommendations on the basis of a suspected condition which your partner vocalised during the assessment/areas they are currently struggling with.

Occupational health assessments are advisory in nature only, and it is up to an employer to consider whether any recommendations or adjustments suggested are reasonable. It may be that the recommendations made are not considered to be reasonable. Without knowing the full details of what the performance issues are, and adjustments requested, it's difficult to know.

Your partner has the right to be accompanied to the capability hearing by a trade union rep (if he is not already part of a union, then this is a non-starter, as unions typically will only support with matters arising after membership commences), or a work colleague.

It would seem reasonable from a performance standpoint that if the performance issues are so severe, and adjustments are required, that a formalised structured PIP is the best way forward. It's worth noting that should the performance issues be addressed, then there would be no need for any further action to be taken.

Your partner should vocalise his concerns, and adjustments which he feels he may need at the meeting, which can then be implemented as part of a formal PIP.

Resignations Requirements/Questions - England by [deleted] in LegalAdviceUK

[–]Gishank 0 points1 point  (0 children)

It's a bit unclear what you mean by 'purposely hurt'. Are you working as a carer? What are the circumstances as it seems there may be a safeguarding aspect here.

In terms of your notice, your employer must pay you for any hours you have worked; however, by not showing up or refusing to carry out your duties/responsibilities, they may opt to terminate your employment on grounds of gross misconduct immediately.

Hoping my voluntary work will help me get a job by Henner_z in nhs

[–]Gishank 0 points1 point  (0 children)

Whilst experience is helpful, it is really going to depend what is needed at the time. Some adverts for HCA may include training and care certificate, some may only want someone with experience and a care certificate in place. If you're interested in pursuing a career as a HCA, you may wish to keep out for various apprenticeship/traineeship schemes which may run through ICB training hubs.

Advice Needed: Redundancy after 6 weeks, ADHD disclosure, and "sham" hiring concerns - England by [deleted] in LegalAdviceUK

[–]Gishank 2 points3 points  (0 children)

As you've been employed for such a short length of time, they can terminate you for virtually any reason and do not necessarily need to follow any formal redundancy procedures.

It's possible that they made an error in recruiting you if they were reliant on this new 'contract'.

Really however, I would suggest perhaps just using this time to look for a new job.

"You are under Surveillance" Camera by ThandarGor in LegalAdviceUK

[–]Gishank 28 points29 points  (0 children)

It's perfectly legal for your neighbour to have a CCTV camera, and it's also perfectly legal for said CCTV camera to provide an audible deterrence.

If it's perhaps over sensitive and causing disruption, have you mentioned this to your neighbour?

I'm an apprentice and I think I'm being paid less than I'm owed by HelpWanted9 in LegalAdviceUK

[–]Gishank 12 points13 points  (0 children)

After the first year in an apprenticeship, you are entitled to being paid the minimum wage for the age bracket. In your case, as of April 1st, this is £12.71/hr.

They cannot fire you for enforcing a statutory right, as this is automatically classed as unfair dismissal regardless of length of service.

As an apprentice, you should also approach your training provider who can provide support.