Friend reported colleague hitting a patient. Is now being asked to work with the guy she reported. What should she do?

[lowrib]

A friend of mine works in a private care setting. I don't want to give too many details as this is a public forum after all, but basically she saw a man she works with physically assaulting one of their dementia patients. He actually punched them, hard.

She reported it. He was suspended for a little while, but as there's no evidence beside her word and I get the impression they don't want the hassle of a court case (and the patient was very vague indeed about what happened) they have decided to give him his job back, working alongside her. (There are other settings he could go to). He is popular with the other staff, everyone knows my friend reported him, and as you can imagine it's a nightmare for her.

What she should do? Has she got a case for constructive dismissal? She has no money for lawyers etc.

Any advice gratefully received.

TIA

Not much she can do really, except ask to be reassigned. She could do that by raising a grievance about working with him.

I'm not sure it is constructive dismissal to have someone keep working with a colleague if that person had no disciplinary action against them...

It seems so unfair though. From her point of view, and also for the patients.

Her bosses are basically saying "don't report any abuse, we won't support you".

I said she should go to the press, but she thinks that'll make her unemployable.

Is it it normal practice for employers to provide no support at all for someone who's whistleblown?

And what about the patients. Is there not some kind of body which looks after the needs of patients? This guy's still working there, the other patients are at risk of suffering the same kind of abuse form him.

Well, if she feels that there are issues that need addressing then yes, she needs to whistleblow. That's a slightly different issue.

Press is a bad place to start though. Does she have a more senior management - i.e. above the managers who dealt with it - she could speak to? An external trade body?

The problem is, as you've said, that it's her word against his. If they have found no evidence of wrongdoing, it's difficult...

I expect you're right and the press would be a bad place to start. I woud just be so angry in her shoes. She's not a member of a trade union. She did say she was thinking of going higher, but I get the impression her expectations are low about what would happen if she did.

She could raise a grievance against him in which case one of them would be moved...

God, that's really bad.

If her employers are insensitive enough to do this, and don't respond to her pointing out how inappropriate it is, I'd say she should look for work elsewhere and hope to move on anyway. I don't say it lightly as I know jobs of all kinds are hard to come by, especially now, but how can it be in her best interests to carry on in that situation? Assuming she has explored all avenues, there's little to be gained by working for such an employer apart from huge stress.

It almost sounds like they are punishing her on purpose actually. "He is popular with the other staff and they all know she reported him" -- ffs, that's awful!

Before doing anything final though, realrabbit's advice sounds good. I can see she wouldn't want to walk away without taking any action to try and protect other patients.

Thanks for the advice everyone. I think she should leave, yes. I worry that it will indeed be very stressful if she carries on there.

The management have said some really dodgy things which show they don't take this seriously at all, (which I won't write here just now unless she does leave, as I don't want to risk them to come across this, recognising themselves and landing my friend in it.)

I had a look at the CQC website and couldn't find anything to do with whistleblowing. I expect a phone call is probably best.

"It almost sounds like they are punishing her on purpose actually." Yes the situation is insane Like I said, they're basically sending a message out to the other staff saying "don't grass, you'll only get in trouble". Putting aside the obvious and very serious question of the patients' welfare for a moment, it still doesn't make any sense for them to take this attitude. If they ignore this kind of abuse it's bound to go tits-up eventually and come back on them, with a court case and/or media exposure.

My friend has since told me that the man in question got a good laywer and she thinks her employers are scared of a court battle so that's why they backed down so easily.

Oh, I see I'm repeating myself a bit there, sorry about that!

If he is a qualified nurse then she can report him to the NMC. If she's only reported him to the nursing home/care home then its no suprise they want to sweep it under the carpet.

However reporting him to the NMC may make her relationship with her employers rather difficult.

She can join Unison now aND get advice.

She may find that he has learned a lesson, comes back with his tail between his legs and doesn't cause her any problems.