NHS Tayside failed to comply with government work from home guidance during the Covid pandemic, a watchdog has found.
The Independent National Whistleblowing Officer (INWO) upheld a complaint made by an employee of the health board who worked in a non-clinical role during the pandemic.
The employee, referred to as ‘C’ in an INWO report, had raised concerns about working practices prior to hybrid arrangements being introduced in March 2021.
Up until this point, the default position of NHS Tayside was office working for all employees despite Scottish Government policy stating staff should work from home where possible.
The watchdog also found the health board “unreasonably failed” to handle C’s whistleblowing concern in accordance with the national whistleblowing standards.
The December 2022 findings emerged as it was confirmed the board’s current whistleblowing champion is to step down.
Donald McPherson is due leave his post next year as his four-year term in the role is coming to an end.
He will follow NHS Tayside’s chief executive Grant Archibald, who The Courier revealed will be retiring in December after five years in charge.
What did the watchdog find?
An investigation by the INWO determined that in the months immediately before March 2021, there were “limited tasks which needed to be performed in the office” by employee C and colleagues in their department.
In their role, staff in the department would work at one of the board’s hospital sites.
This, it was found, led to a “high level of concern and anxiety” among staff about compliance with national policy and the health and safety of staff and patients.
It was also found that among some staff, there was “a perception that requests to work from home would be refused”.
Employee complaints upheld
The report concluded: “The staff interviewed could not see the rationale for their continued presence in the office based on business need, and were concerned about the potential impact on clinical staff and patients given their physical location at a hospital site.
“Taking all this into account, I consider the board situation prior to the implementation of the hybrid arrangements in early 2021 was contrary to applicable guidance and national policy.”
The watchdog also ordered NHS Tayside to apologise to employee C for the shortcomings in handling their whistleblowing concern.
During their investigation, the INWO found there was a “significant delay” in formally acknowledging the concern raised.
It was also determined that the health board should have been “more proactive” in supporting the employee raising concerns.
NHS Tayside ‘learning from report’
Addressing the findings of the INWO, a spokesperson for NHS Tayside said: “At the outset of the pandemic, NHS Tayside made an immediate decision to designate all staff as key workers.
“This was in recognition of the unprecedented challenges and the extraordinary demands being placed on NHS services across the country.
“This step ensured that all areas of frontline services were appropriately supported to deliver care and treatment to the population and protect patients in our hospitals.
“NHS Tayside recognised that for frontline teams to carry out their duties effectively, support from non-clinical services was critical and staff in these supporting teams played an important role across the whole system of health and social care throughout the pandemic.
NHS Tayside made an immediate decision to designate all staff as key workers.”
NHS Tayside spokesperson
“The Independent National Whistleblowing Officer’s report published in December 2022 upheld a complaint that the board had failed to comply with the Scottish Government guidance on working from home during the Covid-19 pandemic.
“The report, however, added that the hybrid arrangements for working from home in NHS Tayside implemented in early 2021 following the most intensive spikes of Covid-19 infection were reasonable.
“The report also acknowledged the significant pressures facing the NHS at this time, and stated that the decision was concerned only with the complaint made to the whistleblowing officer and its specific context.
“NHS Tayside has ensured there is organisational learning from the report.”
Fresh concerns were raised about coronavirus over the weekend, with the Scottish Government’s national clinical director Jason Leitch encouraging people to get vaccinated amid a summer upswing in cases.
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