Whistleblowing: a member's account of raising concerns

This story supports 'One third told not to blow whistle', published on page 4 of the January 2012 issue of RCN Bulletin.

RCN member Anne Smith* says she could never underestimate the importance of her membership after receiving RCN representation at recent employment tribunal.

Ms Smith was found to have been unfairly dismissed after blowing the whistle (making a protected disclosure) about the abuse of elderly residents and poor administration of medicines in the care home where she worked.

She felt she could not ignore the situation. One care home resident was alleged to have been left outside in hot sunshine as a punishment, and threatened with having water poured over his head when he refused medication. “It is very important to protect the vulnerable people as well as your own employment,” she says. “It’s a way of addressing the terrible conditions that some patients are facing.”

Finding herself in a situation where she was fighting for her nursing career was devastating to the member who was a long standing nurse and had previously received glowing appraisals from her employers.

With help from the RCN, she appealed against her dismissal but was unsuccessful. The RCN’s legal team then lodged a claim on her behalf in the Employment Tribunal. Hearing the evidence, the tribunal decided that the care home’s actions had been unreasonable and that the member had raised her concerns in good faith.  Ms Smith won £15,000 in damages.

Getting help

The member says that she needed the RCN’s support to help her win her case. “The RCN legal team and regional office were very very helpful. Without their assistance I wouldn’t have got anything. I was very impressed by the whole team and the individuals who represented me.” She remembers that the whole team helped her present her case in a logical manner when she was under immense emotional strain. “I was worried about my future and my family but they helped me stand  my ground, “ she says.

Ms Smith is keen to encourage other members who find themselves in this situation to contact the RCN. “I knew the RCN would help. I felt comfortable about expressing myself in what was a very supportive environment.

“If you’re in this situation, I would urge you to get in touch with the RCN. The only cost is your membership fees so I would also encourage other nursing staff to join the RCN for this support, “ she says.

Stephen Hall, from the RCN’s legal team, handled the case. He says: “It is vital that employers allow nurses to raise concerns without retribution. Otherwise poor practice can just continue unchecked.”
Since October 2011, the member has been enjoying her new job in a staff nurse role.

Find out more about RCN support for you if you want to report your concerns in RCN Bulletin Extra: www.rcn.org.uk/bulletinextra

*The member’s name has been changed.

Disclosure

Whistleblowing hotline

This is an additional service for members who have concerns over clinical and staff safety in the workplace. It is important that nurses raise concerns directly with their employer. Registered nurses have a duty under the NMC to report concerns where patient care may be affected.

The RCN whistleblowing initiative is not an alternative to raising issues with your employer. However we are keen to hear of any issue that you think impinges on patient safety and the steps you have taken to get the matter resolved.

Call the RCN whistleblowing hotline (0345 772 6300) or you can complete the form below and we will ensure that your concerns are made known to your RCN country or regional office. Remember this is not a substitute for you reporting the issue to your employer or other relevant body.

Complete the whistleblowing form.