Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
Original poster
Unsureminnie · 19/02/2018 20:52

No but the company she works for are cqc registered.

OP posts:
Bluedoglead · 19/02/2018 20:53

The family should complain via the hospital, surely, and the hsopital can take whatever action against the contractors for breach of confidentiality or contract or whatever?

Original poster
Unsureminnie · 19/02/2018 20:54

And I believe that is why the owner actively discouraged a complaint as it would bring his company under scrutiny.

Thank you all for your help so far.

OP posts:
CotswoldStrife · 19/02/2018 20:54

I agree with the PP that the hospital member of staff who gave out the information is the one that should be targeted here - I see what you are saying OP, about your DP's colleague being bound by the same confidentiality clause but if you can prove that the hospital member of staff was in the wrong to give details out in the first place, it naturally follows on that the colleague was wrong to disseminate the information further.

Happened · 19/02/2018 20:55

If your friend is feeling up to it now then I think she needs to complain via the hospital, as other posters have suggested

Original poster
Unsureminnie · 19/02/2018 20:57

Absolutely cotswold. My friend is feeling betrayed at the moment, this girl and her relative have had no comeback from this and she now finds herself out of a job so she can get her feet back through the door.

OP posts:
Original poster
Unsureminnie · 19/02/2018 20:59

So looking at options...my friend can complain to the hospital or to the commissioner but not both. Which one would be better?

OP posts:
Bluedoglead · 19/02/2018 21:00

Hospital. It was one of their employees who blabbed first.

CotswoldStrife · 19/02/2018 21:01

If she wants to complain, can she not do both at the same time?

What would be the best outcome of this for her?

Original poster
Unsureminnie · 19/02/2018 21:15

It says that you can complain to one or the other but not both Sad my instinct was the hospital but my friend is concerned that they would close ranks. I'm not sure why she feels that way but, given she feels effed over by her own employer I guess she will have issues trusting anyone.

OP posts:
CotswoldStrife · 19/02/2018 21:41

Hospital one is a clear breach of confidentiality and I can't see how they would get away with it, particularly as there is a bit of a paper trail with the colleague and your DP giving statements/investigations even if she resigned without the investigation confirming gross misconduct.

Perhaps complain to the hospital (mentioning the colleague as well) and keep the CQC informed. The other option is to complain to the hospital when the colleague returns to work there as she has previously been subject to an investigation for gross misconduct.

MadMags · 20/02/2018 07:25

This sounds very strange. There’s nothing stopping your friend from informing the hospital, especially if she’s now out of a job!

New posts on this thread. Refresh page
Swipe left for the next trending thread