PRIVATE AND CONFIDENTIALRepresentation - [6] Summation

Name

? HEARING

SUMMATION – Date Day ?

Day, date, time:

Location/venue:

FINAL SUMMARY
TIME /
  • Is everyone happy with how ? has been treated prior to and since suspension?

Answer:
TIME /
  • Is anyone concerned about what has taken place?

Answer:
TIME /
  • Have those colleagues and managers involved followed the identified principles, benchmarks, obligations and systems (polices/procedures) relating to the allegations in question?

Answer:
TIME /
  • Mini-summary – we have:
> Identified our objectives
> Established the guiding principles, benchmarks, standards, measures, codes
> Established the burden of proof (who) + standard of proof (level)
> Given a background to ?
> Given a situational context with wider issues and agenda
> Confirmed the allegations made against ?
> Established the employers’ evidence/proof for those allegations
> Clarified definitions of terminology used
> Given a response to the allegations
> Used evidence-based investigatory best practice (the IDT + RCA) to:
a) objectively test 4 areas of ?’s actions
b) identify ?’s insight reflection and experiential learning
c) identify systemic/underlying issues and failures
THUS SHOWING:
Allegation 1: a)
b)
Allegation 2: a)
b)
Allegation 3: a)
b)
All allegations: There is an extensive spider’s web of complicity and equal/worse transgressions, and the RGN’s explicitly knowing and not taking action is a possible NMC referral issue
PLEASE NOTE: The allegations against > have been very serious, and constitute both libellous and slanderous defamation of character, especially as no other staff/employees have been accused of the same
TIME / 1.Their allegation/s: Existing (vs) changed/new
.1
Notes:
TIME / 2.Burden of proof (who) + standard of proof (level)
.1
Notes:
TIME / 3.Procedural failures/omissions/issues
.1
Notes:
TIME / 4.Dealing with malicious, false/misleading, discriminatory, personal agendas
.1
Notes:
TIME / 5.Background
.1Your history:
a)As a person – personality, character, reputation, reliability
b)As an employee – disciplinary, contribution/s, performance
.2Situational chronology/time lines – events preceding/leading to situation
.3Situational context:
a)People; Systems; Resources/Equipment; Practices; Paradigms
b)Working environment/conditions: Physical
Wider issues/agenda
Scape-goating
B&H/victimisation/intimidation
Seagull management
.4Your efforts to manage, address, rectify, resolve, remedy
Notes:
TIME / 6.Allegation 1: >
.1Their evidence/proof
.2What you:
a)Agree with/accept as fact
b)Refute/dispute
c)Cross-examined, defended, mitigated
.3Definition/s of terminology used
.4What should have been:
a)Definition
b)Principles, benchmarks, standards, measures, codes (internal AND external)
- EMPLOYMENT
- CORPORATE/SERVICE and TEAM
- CLINICAL
c)Systems
d)EmployER responsibilities and EmployEE responsibilities
.5What was (reality) – SoC, account, version of events, chain of events, ABC
a)RCA stages (1) – (5): WHAT happened (classify/scope; gather; map)
HOW it happened (ID problems)
WHY it happened (analysis)
b)Context: Situational, team, organisational, personal
(facts, actions, inactions, evidence)
Site – environment, equipment, resources
Physical evidence
c)Your evidence and call/cross-examine witnesses and evidence
d)Your culpability, defence + mitigation:
- Efforts to manage, address, rectify, resolve, remedy
- Explanations/reasons
- Antecedents/ABC
- Provocation
- Mal)treatment, actions, abuse, victimisation
- Contributory/inhibiting/barrier factors
- Personal issues (work, home, health, disability, substances)
- Systemic/underlying/real factors (see above)
.6IDT & RCA:
a)Tests: 1) Deliberate Harm; 2) Physical/Mental Health; 3) Foresight; 4) Substitution (Bolam)
b)Insight, culpability, reflection and experiential learning – Reflect, learn, accept, change
c)Systemic/underlying/real factors, reasons, failures, breaches, mistreatment, culture(team, organisation, wider)
d)Responsibilities, culpability, mitigation, learning, factors, failures, mistreatment, breaches, culture
e)Patterns, covert signs, wider implications
f)Less obvious but equally important warning signs/patterns
g)What needs to happen now – Solutions/actions and benefits/advantages
Notes:
TIME / 7.Misc questions
.1Is everyone happy with what has taken place and how > has been treated at the time and since?
.2Is anyone concerned about what has taken place?
.3Have those involved followed the identified principles/benchmarks?
.4Does anyone consider that ? has not received fair treatment/natural justice?
Notes:
TIME / 8.In considering what decisions/action to take, take into account (as per Acas and law):
  • What you decide to do to ?, the law requires you to do equally to others for their culpability and/or equal conduct
  • (internal AND external) Principles, benchmarks, standards, measures, codes
  • ?’s history:
a)As a person (personality; character; reputation; reliability
b)Performance/disciplinary record + current warning
c)Service/employment record (contributions; length of service)
  • ? is more than willing to:
a)be supported to improve using any systems introduced or upgraded, and
b)attend further training BY A TRAINER TRAINED IN THE SPECIFIC AREA USING TRAINING THAT IS SUITABLE, SUFFICIENT AND EFFECTIVE AND WHICH HAS A PRACTICAL ASSESSMENT PART AS REQUIRED BY LAW AND BEST PRACTICE
  • ?’s insight, reflection and experiential learning
  • The situational context
a)Situational chronology + time lines
b)Systemic/wider issues, factors, failures, RCA, IDT
c)Working environment/conditions
  • ?’s efforts to resolve issues with her manager
  • The real gravity of the situation and allegations
  • Risk – actual/potential; of repetition
  • Organisational and legal rules/guidance + Case law
  • Consistency and fairness (similar cases) + non-discriminatory
  • Appropriateness and reasonability of decisions and sanctions
  • Acas’ Code of Practice + natural justice

Notes:
TIME / 9.Ask:
.1F2C - Charter of accountability; empathy/empathise
.2Would you like/expect > to act/do as you have?
.3Would you like to be treated as > has/is?
Notes:

Craig LongstaffPage 1 of 5