The bullying and intimidation of doctors at East Lancashire Hospitals NHS Trust, involving the weaponisation of disciplinary procedures, highlights a recurring theme for many of our members.
The trust’s misuse of processes has become a bullying tool, with sham investigations, delays, deflection and concealment when challenged – and all from the comfortable position of managers investigating their own appalling conduct in a culture of impunity.
It is all part of an established playbook, with highly regulated doctors frequently becoming the victims of bullying and harassment by unregulated NHS managers.
It is also a pattern of behaviour which is not exclusive to this trust. There have been several well-documented cases, which have held a mirror up to this kind of unacceptable conduct, with doctors subject to vindictive treatment by NHS managers.
However, there are many doctors who continue to suffer in silence forced to work in a climate of fear, with those targeted often suffering serious detriment to their health and careers.
Toxic cultures are not just bad for doctors; they are bad for patient care. The prospect of bogus investigations means clinicians will be far less likely to speak up to raise concerns with patient safety if they fear retribution from their employers.
The BMA has campaigned for the introduction of a system of statutory regulation of NHS managers for a number of years. Unfortunately, in this time nothing has changed despite the many scandals and cases of serious wrongdoing in many trusts across the country. Far too often, those culpable fail upwards taking advantage of the revolving door, which recycles NHS mangers guilty of serious wrongdoing into other positions.
The reality is that various high-profile inquiries have seen the promise that ‘lessons will be learned’ but NHS trusts fail to change their behaviour.
This government has promised to legislate for a statutory framework of regulation and has started formal consultation, which will continue next year.
In addition, the recommendations of the Thirlwall inquiry, which are expected shortly, will likely influence new legislation.
The Hillsborough Law, which is making its way through Parliament, will establish new standards and expectations of conduct for all employees of NHS trusts.
These new developments are welcome but change is urgently needed to ensure doctors can work in an environment without fear to deliver high standards of patient care.
Michael Cheetham is a BMA industrial relations officer who works across north-west England