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Original poster

What action to take (long, sorry)

37 replies

Unsureminnie · 19/02/2018 20:24

I've had to NC for this as my other user name is pretty identifying if someone were to AS me and I need some advice on a bit of a sensitive subject.

A little background:

Last year a good friend of mines brother was in intensive care. The family were called in and told his prognosis was very poor and they would be shocked if he made it through the next 24 hours. He was 27. He pulled through however spent the next 2 weeks in intensive care in a very bad way.

My friend works with my dp. One day, during the 2 weeks, the colleague dp was working with left him to go and speak to a relative who works on the intensive care unit. When she returned she started talking about our friends brother and started revealing a lot of detail and decisions regarding her brother, she had clearly gone up to the unit with the intention of getting the gossip from her relative and, I would say, was pretty successful. My dp was horrified and contacted our friend and informed her of what just happened. Turns out that the information she has got from her relative hadn't yet been disclosed to the family Sad. So there was a massive breach of confidentiality.

Following this, my friend approached their manager (also owner of the company). Both she and dp were asked to write statements and he got advice from his solicitor. His solicitor advised letting the girl go for gross misconduct, she resigned before that happened.

Fast forward 2 more weeks and friends brother passes away. As you can imagine, this has been a very difficult time for her and her family and the breach of confidentiality went out the window as it was deemed dealt with.

Then today.....my friends finds out through a picture on the company Facebook page that they have re-employed this girl. Turns out the owner told her to resign so she could come back when it's forgotten about.

To say my friend is livid is an understatement and it has brought up a lot of uneasy feelings from that period in her life. She asked last month if this girl was coming back and was told that couldn't happen whilst she was still an employee...shes been removed off next month's Rota. This is complicated by the fact that, despite the fact she has worked for this company for 5 years, 2 years ago all emoyees were placed onto a 0 hours contract after they lost a major contract so they have just put her as unavailable.

Please can someone explain what steps she can take to make a complaint regarding the confidentiality breach? She feels her manager discouraged her from taking the correct course of action at the time and took advantage of her fragile state.

Sorry it's long!

OP posts:
ajandjjmum · 19/02/2018 20:32

What about the person who gave the information from ITU - surely they are the one that has broken every confidentiality rule going?

Have they ever been reported and dealt with?

Apologies if I've not understood correctly.

Petalflowers · 19/02/2018 20:33

Firstly, i’m Sorry to hear of your loss.

Is the workplace a hospital? If so, you need to speak to the departments line manager, or higher. Perhaps also speak to HR. Hospitals also have a PALs which should support you.

If this is unsuccessful, speak to the CCG, the medical equivalent of OFsted.

Actually, just found this link, which explains it better than me.

www.nhs.uk/chq/pages/1084.aspx?categoryid=68

Bluedoglead · 19/02/2018 20:34

So she was sacked from a non-related job for gossiping about info she was given at the hospital that she shouldn’t have been? Or am I misunderstanding ?

Original poster
Unsureminnie · 19/02/2018 20:35

This is where part of the problem is, my friend wanted to complain to the hospital but was discouraged from doing so because of the fallout his company would face.

OP posts:
Bluedoglead · 19/02/2018 20:36

So this person didn’t work in the hospital? The person who was sacked I mean ?

Original poster
Unsureminnie · 19/02/2018 20:37

Yes blue you are misunderstanding. I'm trying not to give too much away but the company this girl (and my friend and dp) works for is a provider of services to the hospital, in a healthcare capacity.

OP posts:
LIZS · 19/02/2018 20:38

Surely the issue is with the hospital employee.

Bluedoglead · 19/02/2018 20:38

Right. I didn’t understand that because when you said “company” I thought it was an unrelated place.

Original poster
Unsureminnie · 19/02/2018 20:38

She wasn't sacked, she shoukd have been but resigned. She was told that she could return when it had all blown over as she wasn't sacked.

OP posts:
Bluedoglead · 19/02/2018 20:39

The issue is with the hospital. Your friend should complain via PALS.

Original poster
Unsureminnie · 19/02/2018 20:40

The issue is both of them LIZS, the relative told confidential information and the girl then passed it on.

OP posts:
trilbydoll · 19/02/2018 20:40

Are we saying that I, a person off the street, obtained confidential info from my friend who is an icu nurse? And I've been asked to resign but the icu nurse has not been spoken to?

I think you're directing your efforts at the wrong person. In obtaining the gossip I've been very insensitive and horribly nosy but I haven't done anything wrong. The icu nurse needs disciplining.

Daisymay2 · 19/02/2018 20:40

I think your friend's anger shold be aimed at the family member who works on ITU. Both the hospital and the professional body if appropriate.
Not sure why the employer is involved really, unless breach of trust in some way. Are you really sure legal advice was taken?

Original poster
Unsureminnie · 19/02/2018 20:41

The girl is not a direct employee of the hospital but the company they work for has a private contract with the hospital so is bound by the same confidentiality code.

OP posts:
Happened · 19/02/2018 20:42

Personally I would have thought the person at fault was the one at the hospital who gave out the information. Yes this woman was gossiping and not a very nice person to do that but what the other person did is way worse.

AnchorDownDeepBreath · 19/02/2018 20:42

What did she do that constituted gross misconduct? I don't think gossiping would do that - for the person who broke confidentiality maybe, but not her. It's possible she has later found that out and made the manager aware...

Anyway; is your friend out of time to complain to the hospital? She needs to do that.

chickywoo · 19/02/2018 20:42

I don't think that the person who works with your dp is at fault (I mean morally yes but legally no?) the person at fault and who breached confidentiality was the persons relative that worked on ITU, they were the one whom the complaint should be made about. What happened to them?

Original poster
Unsureminnie · 19/02/2018 20:43

And she went to icu with the intention of gaining information.

OP posts:
Original poster
Unsureminnie · 19/02/2018 20:45

Nothing has happened to them as my friend was discouraged from complaining. She was not in a state of mind to challenge this.

OP posts:
chickywoo · 19/02/2018 20:46

Even if the workplace is related somehow to the hospital - they weren't providing direct care to your friends brother and don't have access to his medical notes - the person who works in itu however did

Happened · 19/02/2018 20:46

She may have gone there with the intention of finding out information but it was the person who gave her that information who is at fault.

Original poster
Unsureminnie · 19/02/2018 20:47

I believe that the girl has broken confidentiality, as a staff member who works within the hospital she is still bound by the same policies. She broke the confidentiality once she started telling dp what she had found out. Had she not then nobody would be any the wiser.

OP posts:
Original poster
Unsureminnie · 19/02/2018 20:51

Oh I know the relative is absolutely at fault however the owner of the company was advised by his solicitor that the girl was also at fault.

A relative of mine is a healthcare professional and has confirmed that if she relayed info about a patient that she heard on a bus to someone then she would be disciplined for breach of confidentiality. This isn't that different.

OP posts:
OutyMcOutface · 19/02/2018 20:51

Well your friend should be Pershing thdhospital as they were the care provider and are responsible for their subcontractors.

Bluedoglead · 19/02/2018 20:51

Is the girl required to be registered like a nurse or doctor with a professional body?

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