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NHS whistleblowers to be protected under new rules

The Government has set out plans that will allow NHS whistleblowers better protection if they seek re-employment in the health service.

The rules published by the Department of Health will prohibit discrimination against whistleblowers when they apply for jobs with NHS employers. The plans also strengthen the legal recourse whistleblowers can access if they believe they have been discriminated against because they appear to have blown the whistle - with appropriate remedies if their complaint is upheld.

These changes were a recommendation from Sir Robert Francis’ Freedom to Speak Up review, which found a number of people struggled to find employment in the NHS after making protected disclosures about patient safety.

Health Secretary Jeremy Hunt 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.”

The consultation, Protecting whistleblowers seeking jobs in the NHS, seeks views on the draft regulations that aim to:

  • Give the applicant a right to complain to an employment tribunal if they have been discriminated against because it appears they have previously blown the whistle.
  • Set out a timeframe in which a complaint to the tribunal must be lodged.
  • Set out the remedies that the tribunal may or must award if a complaint is upheld.
  • Make provision as to the amount of compensation that can be awarded.
  • Give the applicant a right to bring a claim in the county court or the High Court for breach of statutory duty in order to, among other things, restrain or prevent discriminatory conduct.
  • Treat discrimination of an applicant by a worker or agent of the prospective employer (NHS body) as if it was discrimination by the NHS body itself.

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Upcoming Events

Central Sterilising Club - Annual Scientific Meeting 2024

Crowne Plaza at Gerrard’s Cross
15th April 2024 – 16th April 2024

DECON UK 2024

National Conference Centre, Birmingham
17th April 2024

Infection Prevention & Control

National Conference Centre, Birmingham
23rd - 24th April 2024

Theatres & Decontamination Conference 2024

Coventry Building Society Arena
16th May 2024

The AfPP Roadshow - Birmingham

Millennium Point, Birmingham
18th May 2024

The AfPP Roadshow - Exeter

University of Exeter
22nd June 2024

Access the latest issue of Clinical Services Journal on your mobile device together with an archive of back issues.

Download the FREE Clinical Services Journal app from your device's App store

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