The NHS Right to Raise a Concern Policy and Freedom to Speak Up is at the heart of protecting patients from lapses in patient care and poor management practices.

Produced by NHS improvement and NHS England they allow members of staff and others to raise concerns about their work in a way that still ensures their interests are protected and and as such it complies with the Public Interest Disclosures Act 1998 and the terms of the Speaking Up Charter launched by NHS employers in October 2012. 

Whilst working for the NHS I made a complaint about poor management and lapses in staff safety. My complaints were upheld and I was thanked by a senior director of the NHS Trust.

During the investigation of my complaint the person responsible for the department I had complained about made negative remarks about me and my work that had nothing to do with the complaint. I had a clean work record and was shocked that this was allowed to happen contrary to the protections in NHS policy. I asked the NHS Trust to delete these remarks but they spent money on a private legal firm who conclude that:

During a formal investigation of a complaint anyone, including the person or department under investigation can make negative or harmful remarks about the person who has complained irrespective of whether they are relevant to the investigation or without any evidence or substance. Further that these remarks as long as they are labelled as opinions can be kept on a complainants file for an indefinite period and the NHS Trust is under no obligation to remove them. It does not need to consider whether the person making the remarks has been reported for bullying of the complainant, or the context of the remarks including whether they were in line with NHS policy or guidance. However, the person making the complaint does have the right to send a written challenge that can also be held on their work file.

The recommendations of the legal firm paid for by tax payers money are to be adopted in full by the NHS Trust. This means any member of NHS staff can face retaliation and reprisal for raising a genuine concern even though this is contrary to NHS policy.

As a result of making a genuine complaint that was upheld I now find myself with damaging remarks held about me and over a thousand pounds out of pocket spent of defending myself. That has been the thanks I have had for improving the service. I never want this to happen to anyone else but it may happen to many others if we don't act. 

I am asking everyone that is passionate about the NHS to rally against this injustice. To sign this petition to show opposition to the silencing of nurses, doctors and all NHS staff and to object to your money being spent on private legal firms with the aim of institutionally sanctioning bullying and intimidation in the workplace. 

A lot is at stake here. If the NHS Trust wins it will deter anyone from making a legitimate complaint and hard fought staff protections will be lost. A precedent will be set that will extend to other NHS Trusts. This is already the case here in Kent where another NHS Trust may follow suit. 

Please show your support for all NHS staff to have a right to speak up without fear and the prospect of professionally damaging remarks dressed up as opinions being held on their work record.