Doctors must not sign anti-whistle blowing contracts

More to be done to protect patients, says NHS Employers

Doctors must not sign work contracts that include ‘gagging clauses’ preventing them from raising concerns about poor quality care, according to new guidance from the General Medical Council (GMC).

The doctors’ regulator called such clauses “totally unacceptable” and said that doctors complying with them are breaking professional obligations and risking patient welfare, and their own careers.

This move throws additional weight behind efforts to encourage healthcare staff to speak out about unacceptable standards of care as staff fear reprisals and even the sack.

Niall Dickson, GMC chief executive, said: “Being a good doctor involves more than simply being a good clinician. It means being committed to improving the quality of services and being willing to speak up when things are not right – that is not always easy but it is at the heart of medical professionalism.

“Our new guidance also makes clear that doctors must not sign contracts that attempt to prevent them from raising concerns with professional regulators such as the GMC and systems regulators, such as the CQC. Nor must doctors in management roles promote such contracts or encourage other doctors to sign them. Those who promote or sign such agreements are breaking their professional obligations and putting their careers at risk.”

Commenting on the new guidance Dean Royles, director of NHS Employers, said that the right to raise concerns is “underwritten in NHS terms and conditions of employment” making it a professional duty to report problems because it is crucial to patient safety.

"The NHS has worked hard to create a culture that encourages staff to report misconduct, malpractice or wrong-doing that might affect patient safety, without fear of victimisation. Anonymous NHS staff surveys show that most staff know how to report concerns and feel confident to do so,” Royles said.

"But this is a critical area of confidence for patients and much more still needs to be done, in particular around continuously reassuring staff that it is right to report concerns at an early stage when it is easier to resolve them - and that they will be supported.”

NHS Employers has also launched a 'whistleblowing toolkit' to support employers in their internal communications with staff on reporting poor practice.

Last year, the government announced plans to change the NHS constitution in 2012 to offer better protection for staff who ‘blow the whistle’. Under these changes the government will expect employers to support staff by investigating their concerns about poor practise fully.

A Department of Health spokeswoman told PM that the changes were “still being drafted” but that they were expected to come in within the next six months.

In December, the DH launched an independent helpline run by Mencap providing confidential advice for those working in health and social care about how to blow the whistle on unacceptable practices.

Comments

Comments in chronological order (1 comment)

clare kirkman 27 January 2012 18:16

Shocking that there are lawyers out there who will write contracts with such clauses in - let alone employers who can even think of putting such clauses in!! Let us hope that others do not follow suit as whilst doctors might be risking their registration there will be pockets of the sector where staff are not risking being struck off and may sign similar contracts through fear of arguing against it. It should be made unlawful to have gagging clauses in any area of the sector where humans are vulerable (even temporarily) and CQC should make it part of their process to review staff contracts for such unacceptable terms.

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