Staff & Recruitment

NHS Scotland Workforce Adoption, Fostering and Kinship Policy

Adoption
52 weeks of Adoption Leave is available to eligible employees that are adopting a child/children to assist the family in adjusting to their new circumstances. Adoption Leave is applied for on eESS using employee self-service. If you do not have access to eESS, your line manager can submit your application on your behalf. Standard Operating Procedures can be found here.

To qualify for Statutory Adoption Pay (SAP) an employee must have completed at least 26 weeks of continuous employment with their current NHS employer by the week they are matched with the child. For surrogacy arrangements, an employee must have completed at least 26 weeks of continuous employment with their current NHS employer by the 15th week before the baby’s due date.

An employee must also have average earnings above the lower earnings limit for National Insurance contributions during the 8 weeks before the end of the qualifying week.

To qualify for Occupational Adoption Pay (OAP) an employee must have 12 months of continuous service with one or more NHS employers the week the adoption agency matches them with a child or if applying via a surrogacy arrangement, 15th week before the baby’s due date.

Fostering
Fostering can be for varying lengths of time, from short term to long term fostering. NHS Scotland will adopt a flexible approach to this.

Employees should discuss their intention to foster with their manager as soon as possible to determine the appropriate level of support required. For very short-term fostering, the manager should consider providing time off under the Special Leave Policy. However, approval is not guaranteed. For longer-term fostering, the manager should consider providing time off under the arrangements for a career break.

Kinship
Employees should discuss Kinship arrangements with their manager as soon as possible to determine the appropriate level of support required. Employees who need time off should request this under the Special Leave Policy. However, approval is not guaranteed. Alternatively, an employee may consider time off under the arrangements for a career break.

The NHS Scotland Workforce Adoption, Fostering and Kinship Policy, including a guide for managers and a guide for employees can be found here.

The Annual Leave Policy applies to all employees of NHS Scotland employed on Agenda for Change terms and conditions.  

The aim of this policy is to provide a uniform and equitable approach to the calculation of annual leave and bank holiday entitlements which take into account the entitlements and arrangements defined under Agenda for Change.

The policy is to determine annual leave entitlement in hours not days for all staff regardless of whether the employee is full-time or part time. The benefit for all employees in calculating entitlement in hours is that this ensures equity for all by ensuring that staff who work variable hours/shifts do not receive either more or less leave than colleagues who work a standard pattern.

Starting/Leaving half way through the year

Entitlement to annual leave accrues from the date of commencement in post and entitlement in the first year is dependent on the number of days worked between the date of joining and before the end of the annual leave year. This can be calculated using the annual leave calculator.

All employees are entitled to public holidays from their start date that would fall on a normal working day, for example: employee starts on 12^th December, they will be entitled to take all Christmas and New Year public holidays if they would normally have been a working day.

For the first year, an employee will be entitled to public holidays as and when they fall regardless of how much they are entitled to.

Therefore, to calculate an employee’s annual leave and public holiday entitlement for a part year, the annual leave calculator should be used for the annual leave component. For public holidays, this would be the public holidays remaining until the end of the annual leave year. For example, a full time employee working Monday to Friday commences employment on 1^st September (no previous NHS experience) would be entitled to 118 hours annual leave. From 1^st September there would be 5 public holidays remaining which would equate to 37 hours, therefore the employee would have 155 entitlements for the part year.

The above would be similar if an employee left employment through the annual leave year.

Annual Leave Policy

Please contact the HR Support and Advice Unit if you wish clarification on the application of this policy.

Annual Leave Calculator

• Annual Leave Calculator
• Leave Tracker

Holiday calculators are provided to assist in the calculation of leave entitlements. This Annual leave calculator can also be used for Executive and Senior Managers.  Staff on Term Time Contracts should continue to refer to the HR Support and Advice Unit for help in calculating Annual Leave.  Departments are responsible for keeping the annual leave records of their own staff.

The Public Holiday element of the annual leave calculator should only be used for part-time employees (to calculate their pro rata entitlement). Full-time members of staff will be entitled to all public holidays which fall during the time of their employment.

The Public Holidays for 2024/25 are as follows:

Good Friday: 29^th March 2024
Easter Monday: 1^st April 2024
May Day Monday: 6^th May 2024
Autumn Monday: 30^th September 2024
Christmas Day: 25^th December 2024
Boxing Day: 26^th December 2024
New Year: 1^st January 2025
New Year: 2^nd January 2025

Please refer to Section 43 for staff who are either commencing/leaving the organisation as follows:

43. Staff who leave the employing organisation will receive their full annual leave entitlement per Table 2 for each day they have worked in the current leave year, less any annual leave taken plus any outstanding public holiday hours, i.e. for those hours still to be taken as a result of the employee working a public holiday.

Please contact the HR Support and Advice Unit if you wish further information or clarification on annual leave entitlement and use of the calculator.

*Medical Staff are covered by separate terms and conditions and should refer to Medical Staffing for advice.

The Blended Working Guide can be found here.

NHS Scotland Workforce Breastfeeding Policy

NHS Scotland recognises that breastfeeding does not exclusively apply to employees who identify as women. For some, descriptors such as chestfeeding may be more appropriate, and in such cases, this policy applies.

The aim of the breastfeeding policy is to support and encourage employees who wish to continue to breastfeed or express milk in the workplace (including milk to be donated).

In line with the policy, managers should look to support employees on their return to work from maternity leave and where possible, provide the necessary breaks and resources for them to continue breastfeeding at work.

To provide support, it would be reasonable for the employee to request to change their working pattern or temporarily change their hours. If possible, necessary breaks and time off during working hours should be provided to allow the employee to breastfeed if their baby is cared for nearby, or to express milk.

Suitable facilities should be available for breastfeeding mothers and birthing parents as recommended by the Health and Safety Executive.

Areas for rest and expressing milk should be clean and warm with the following:

• a low, comfortable chair and the facility to lie down
• a lock or an arrangement to ensure privacy
• handwashing facilities nearby
• an electric point for an electric pump

Facilities for storing expressed milk must provide the following:

• a clean area to store sterilising equipment
• a dedicated and secure space for storing expressed milk at 2–4°C until the employee takes it home

If you are unsure about the availability of suitable area to allow an employee to breastfeed or store expressed milk, this should be discussed with your local Facilities Team.

The NHS Scotland Workforce Breastfeeding Policy, including a guide for managers and a guide for employees can be found here.

By implementing the Career Break Policy NHS Scotland aims to create an environment that will allow all employees to utilise their skills, talents and expertise and thereby allow it to both recruit and retain a well motivated and committed workforce.

The purpose of the career break policy is to allow employees an opportunity to leave their employment on a long-term basis mainly to undertake further education or to fulfill domestic commitments. The policy is not intended to support people in taking up alternative paid employment.

The policy will enable employees to keep up to date during their career break and help them return to work at the end of the break.

Policy

NHS Scotland Workforce Career Break Policy

NHS Scotland Workforce Career Break Application Form

Should you require further advice please contact the HR Support and Advice Unit.

Guidance

What is a Career Break?

A career break allows employees an opportunity to leave their employment on a long-term basis mainly to undertake further education or to fulfil domestic commitments.

Am I entitled to apply for a Career Break?

So long as you have at least 12 months’ service with the NHS then you are eligible to apply for a career break. Applications will be considered on the merits of each individual case.

How much time off am I entitled to?

The minimum period for a career break is 6 months and the maximum period is five years. An employee may, however, make a number of breaks throughout their employment with the Board provided that the total periods of absence do not exceed five years.

How do I apply for a Career Break?

You should initially discuss your intention to apply for a Career Break with your line manager.  An application should then be made, in writing, to your line manager at least 3 months before commencing the proposed career break. This timeframe can be waivered at the Manager’s discretion. If approved, your line manager will then issue you with an agreement detailing the terms and conditions of the career break and ensure a copy of this is sent to Payroll Department. Your line manager is also required to update your assignment status on eESS: Career Break

Return to Work Arrangements

Three months’ notice of an intention to return to work must be given to the line manager. While no guarantee of a return to a particular post can be given, every effort will be made to place individuals in posts of similar band, hours and responsibility to that held prior to the break, and will take into account the employee’s experience, achievements and qualifications.

Please refer to the full Career Break Policy for details on general terms and conditions of a Career Break and for information on SPPA contributions, lease cars, organisational change and sick and maternity leave.

Keeping records up to date

We need to know when you’re at work and when you have any type of time off. This is important to make sure we pay you correctly too.

Once a career break has been agreed this should be recorded on eESS via manager self service: Career Break Standard Operating Procedure

All managers should ensure that SSTS is updated correctly and payroll is informed, where SSTS is not available. The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

Line managers should ensure that a copy of the career break confirmation letter is sent to Payroll and that the employee’s assignment status is updated on eESS.

Please contact the HR Support and Advice Unit if you wish to clarify the application of this template in conjunction with the policy and guidance associated with career breaks.

NHS Scotland Workforce Flexible Work Location Policy

NHS Scotland Workforce Flexible Work Pattern Policy

All employees within NHS Greater Glasgow and Clyde have a right to request flexible working from day one in post.

Successful applications will result in a permanent change to that employee’s terms and conditions of employment (unless otherwise agreed).

Non-acceptance of an application for flexible working can only be for valid and objective service/operational reasons and the line manager must, confirm these reasons in writing to the employee outlining their right of appeal.

Top Tips on using the POLICY…..

1. Only two flexible working application can be submitted within a 12 month period.
2. For successful applications the employee has no right to revert back to their previous working pattern.
3. The manager must arrange a meeting within 4 weeks of receipt of an application.

Should you have any questions in relation to this policy please contact the HR Support and Advice Unit.

The Board Home Working Policy is part of our work/life balance policies. This is where work is performed at or from home instead of at or from the Board’s premises for a significant proportion of the contractual working hours. 

“Working from home” and “working at home” have specific definitions in the policy and operate in different ways. These options are desirable because they can provide greater flexibility for our staff and increase the scope to meet the Board’s commitment to equal opportunities.

In addition, we can broaden the traditional recruitment market and gain access to alternative labour markets allowing us to attract and retain staff.

There are also environmental advantages by avoiding unnecessary car journeys.  

Top Tips on using the Homeworking Policy

• Individuals working at home retain an NHSGGC base
• Individuals working from home have their home as their office base
• Suitability for home working will depend on the post
• Home working must be approved by the line manager
• Subject to regular review
• Regular and effective communication between employee and line manager is paramount.
• A home working risk assessment must be completed for everyone working from home
• Same Employment Rights apply to home workers

The purpose of the maternity leave policy is to detail the eligibility of employees to receive occupational NHS maternity pay. The policy details the eligibility criteria for the occupational scheme and the application process.

The policy also details the ability to return to work during maternity leave for KIT (Keeping in Touch) days if you would like to do so and the obligations on the employer to ensure an appropriate risk assessment is carried out to ensure your health and safety when pregnant and on your return.

More detailed guidance and frequently asked questions can be found under the guidance tab.

Update to Childcare Voucher Scheme

Application Process for Doctors and Dentists in Training

Doctors and Dentists in training with GGC currently on placement at another board – please use the link below to complete the paper application, this should be submitted to your placement board:

Maternity Leave Application Form 

All other trainees who are working within GGC should apply through eESS (Employee Self Service).

Policy

NHS Scotland Workforce Maternity Policy

If you have any questions in relation to this policy please contact the HR Support and Advice Unit.

Update to Childcare Vouchers Scheme

Forms

The following documents can be downloaded as part of the maternity leave process – 

eESS Maternity Standard Operating Procedure

Maternity Communication Checklist

Risk Assessment Form

Please contact the HRSAU for further information or clarification on their use.

Please note: Doctors and Dentists in training are required to complete a paper based application. Use the link below to locate and complete the application. This should then be passed to your placement board to process:

Maternity Leave Application Form

FAQs

NHS Scotland Workforce New Parent Support Policy

An employee is entitled to take up to 2 weeks of new parent support leave if they are the biological father of the child, or the spouse or civil partner, partner, or nominated carer of a mother who gives birth to a child.

An employee will also be entitled if they are the intended parent on the birth of a child through a surrogacy arrangement or if they are adoptive parents where a child is matched or newly placed with them for adoption. Either adoptive parent may take new parent support leave while the other parent can take adoption leave.

From 6th April 2024 employees will be entitled to take their 2 week entitlement either as a single block or as two separate weeks of leave. This must be taken within 12 months from the date the child is born, placed for adoption or arrives in the UK in the case of overseas adoptions.

Only one period of new parent support leave and pay is available when there are multiple births, such as twins.

To qualify for Statutory Paternity Pay an employee must have completed at least 26 weeks of continuous employment with their current NHS employer at the end of the 15th week before the expected week or childbirth or the end of the week the adoption agency notifies them of a match. In the case of overseas adoptions, it is the date the child arrives in the UK or when the employee wants their pay to start.

An employee must also have average earnings above the lower earnings limit for National Insurance contributions during the 8 weeks before the end of the qualifying week.

To qualify for Occupational Paternity Pay an employee must have 12 months of continuous service with one or more NHS employer before they take their leave.

Partners must give 15 weeks’ notice from the expected week of childbirth of their intention to take New Parent Support Leave and 4 weeks’ notice of the exact dates of their leave.

The NHS Scotland Workforce New Parent Support Policy, including a guide for managers and a guide for employees can be found here.

NHS Scotland Workforce Parental Leave Policy

The Parental Leave Policy is one of the Work-Life Balance Policies which allows our staff to balance family and work commitments and spend time with their children.

To be eligible to parental leave an employee must:

• have 12 months of continuous service with one or more NHS employers
• have or expect to have responsibility for a child (to have responsibility for a child, the employee must be the biological or adoptive parent)
• be taking leave to spend time or otherwise care for the child

Employees are entitled to 18 weeks of leave for each child under 18. For NHS Scotland employees, the first 4 weeks is paid leave. Pay will be as if at work and will reflect contractual hours. The remaining 14 weeks are unpaid.

Employees will be asked for evidence of entitlement when they make their first request for leave for a child. This will be in the form of a birth or adoption certificate.

The paid element must be taken before the child’s 14th birthday or 18th birthday for an adopted child or a child with a disability.

Employees usually take parental leave in weekly blocks.

If an individual changes employer, the entitlement balance is not restored to 18 weeks. The individual should notify their new employer of any parental leave and pay already taken.

An employee should request parental leave giving at least 3 weeks notice before the start of the leave using the Parental Leave form.

If an employee is requesting to take more than 4 weeks of leave in a continuous block, they should normally give their manager 2 months’ notice. However, if the manager is able to support the leave with less notice, it should be accommodated.

The NHS Scotland Workforce Parental Leave Policy, including a guide for managers and a guide for employees can be found here.

The Public Holidays for 2023/24 are as follows:

Good Friday: 7^th April 2023
Easter Monday: 10^th April 2023
May Day Monday: 1^st May 2023
King’s Coronation: 8^th May 2023
Autumn Monday: 25^th September 2023
Christmas Day: 25^th December 2023
Boxing Day: 26^th December 2023
New Year: 1^st January 2024
New Year: 2^nd January 2024

The Public Holidays for 2024/25 are as follows:

Good Friday: 29^th March 2024
Easter Monday: 1^st April 2024
May Day Monday: 6^th May 2024
Autumn Monday: 30^th September 2024
Christmas Day: 25^th December 2024
Boxing Day: 26^th December 2024
New Year: 1^st January 2025
New Year: 2^nd January 2025

Please see further information regarding Good Friday Public Holiday (29^th March 2024) for Leave Year 2024/2025 here.

Board Reduced Working Year Policy.

The purpose of this policy is to promote flexible working practices and to define one of these, the reduced working years. Most commonly the reduced working year is utilised as a term time arrangement where the duties of the post are carried out during school terms.

The policy details how a reduced working year contract would work in practice.

Please contact the HR Support and Advice Unit if you have any questions in relation to this policy.

The Shared Maternity and Shared Adoption Policy outlines the procedure employees must use to request shared maternity and shared adoption leave. It also details their statutory and contractual rights and pay arrangements.

The Once for Scotland Workforce Shared Maternity and Shared Adoption Policy and application forms can be found here. Completed forms should be sent to the HR Admin Team via the HR Portal.

NHS Scotland Workforce Special Leave Policy

NHSGGC understands that employees need to balance the demands of work requirements with domestic responsibilities. Whilst each employee is responsible for ensuring appropriate care mechanisms are in place to meet their personal responsibilities, NHS GG&C may assist in circumstances where arrangements have unavoidably broken down and time off work is required.

Our Special Leave Policy explains how time off from work is managed, for situations such as to deal with domestic emergencies, the serious illness or death of a partner, family member or relative, close friend or colleague or for short term carer’s leave.

Special Leave is also used for time off for public duties such as jury service, member of a public body such as Children’s Panel or training days with Volunteer Forces.

Please contact the HR Support and Advice Unit if you require further advice.

There is a separate Reserve Forces Training and Mobilisation Policy

This is a statutory public inquiry set up under the Inquiries Act 2005 to establish the facts and learn the lessons of the strategic devolved response to the COVID-19 pandemic in Scotland.

The remit sets out that the Inquiry is to investigate the strategic elements of the handling of the pandemic including its impact on the provision of health and social care, education, business and financial and welfare support.

The Terms of Reference of the Inquiry specify its remit and the issues it will be examining in more detail.

Lord Brailsford, who is the Chair of the Inquiry, is responsible for the direction and manner of the Inquiry. He acts in an independent capacity. A Public Inquiry is inquisitorial in nature, not adversarial, so the Chair performs more of an examining role than a judge would in court proceedings.

A Public Inquiry is a formal, independent review relating to particular events which have caused or have potential to cause public concern, or where there is public concern that particular events may have occurred. The aim of a Public Inquiry is to help to restore public confidence in systems or services by investigating the facts through consideration of documentary and witness evidence, to determine what happened and help prevent recurrence.

The outcome of a Public Inquiry is the production by the Chair, with input from the Inquiry Team, of a report which details key findings of fact and makes recommendations for the future. The Chair cannot make any findings of civil or criminal liability, nor can he award any compensation.

It is the role of the Inquiry Team to gather evidence from varied sources, including witness evidence from individuals with knowledge of the relevant circumstances.

You may be asked to provide a witness statement to assist the Inquiry Team with its investigations (see Q.14 below). However, the findings and recommendations detailed in the Chair’s report will be directed towards the Scottish Ministers and not at particular individuals.

The Scottish COVID-19 Inquiry has adopted a thematic approach to its investigations and hearings, giving priority to evidence from people most impacted by the pandemic in Scotland. The three themes are: health and social care; education and young people; and finance, business and welfare. The evidence gathered at public hearings will inform the Inquiry’s ongoing work across its themes, the issues examined at future hearings, and its reports.

A preliminary hearing of the Scottish Covid Inquiry relating to health and social care was held on 28 August 2023. This was a short hearing where Lord Brailsford set out arrangements for the hearings commencing in October 2023. This was preceded by an epidemiology presentation on 26 July 2023 by Dr Ashley Croft.

The first diet of oral hearings concerning the Health and Social Care Impact began on 24 October 2023 and will continue until December 2023. Impact hearings will continue in February 2024. Statements are being made by Core Participants including charities, campaign groups and professional bodies.

The Inquiry hearings are currently being heard at Scottish Land Court, George House, 126 George Street, Edinburgh, EH2 2HH.

The closest public transport stops for George Street include Waverley and Haymarket railway stations, Edinburgh Bus Station, and the Princes Street and West End tram stops. No car parking is available at the venue.

Public inquiries are open to the public and the media. However, numbers of attendees are severely restricted at hearings currently. The Inquiry offers dedicated space for core participant group members, members of the public and media, where they will be able to watch a broadcast of proceedings. The premises are at Regus, 83 Princes Street, close to the hearings venue. Seats must be reserved in advance. Proceedings are being live-streamed on the Inquiry’s YouTube channel.

The hearings will be still be available to watch on the Inquiry’s YouTube channel after each hearing. Opening statements are being published on the Inquiry website shortly before each hearing and transcripts are published on the Inquiry website shortly after each hearing.

There will be an opportunity for the Scottish special and territorial boards to submit a closing statement following current hearings. Statements made so far have been at a very high level and making limited references to specific Health Boards.

The Inquiry Team is carrying out investigations which include reviewing relevant documentation and interviewing individuals with knowledge and experience of the Covid pandemic. You may be asked by the Inquiry team to provide a witness statement relating to your professional involvement.

Yes. Lord Brailsford has powers under the Inquiries Act 2005 to compel a person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.

Yes. Lord Brailsford has powers under the Inquiries Act 2005 to compel any person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.

If the Inquiry Team considers that if might be useful to speak to you in respect of your knowledge of these issues, you will be contacted by a named team member from the Inquiry Team’s Hearings and Witness Support Team to arrange a suitable time for an interview appointment. Your named team member will confirm the interview details in writing, provide the name of the person who will conduct the interview, the location (or whether it will be appropriate to take the statement remotely), and will also ensure that you understand what is involved in providing evidence, giving statements and attending hearings.

The Inquiry team will inform you in advance of the issues about which you will be asked, as well as providing you with copies of the documentation you may be asked about.

You may have somebody present with you at the witness interview, such as a work colleague, friend, official from your Trade Union or Professional Organisation, or a solicitor from the NHS Central Legal Office’s (“CLO”) dedicated Scottish Covid Inquiry team (which is acting for the NHS Scotland territorial and special health boards in the Inquiry). It is recommended that whoever accompanies you is not themselves likely to be asked to provide a statement. The recommendation is that a solicitor from CLO attends with you to provide as full legal support as possible.

NHSGGC will support you as fully as possible throughout your involvement in the Scottish Covid Inquiry. However, if you would prefer to be accompanied by an independent solicitor, the Inquiries Act 2005 allows for the possibility of an award of funding for legal representation for witnesses; applications for funding for legal representation must be approved in advance. You should speak with the Inquiry’s witness support team about this.

There are likely to be two members of the Inquiry team in attendance, who will take your statement, by asking you questions and referring you to documentation for your comment. Giving a witness statement may take some time. The statement takers will allow regular breaks, but you should feel free to ask for breaks whenever you want. If a meeting is likely to last a long time, the interview will be spread over more than one day. Consider making your own notes of the interview; this will help in remembering what was said when you receive the draft statement of your interview.

Shortly after your interview, you will receive a draft copy of your witness statement. This must be read thoroughly and any changes, additions or deletions can be made at this stage. You should sign the statement once you are satisfied that it accurately reflects your evidence. You may be asked to provide electronic verification in place of a signature, if the process is taking place remotely. Once the statement is signed, it then becomes your evidence to the Inquiry. If you subsequently wish to say something more, you can make a further statement.

Evidence for hearings is currently published on the Inquiry website several days prior to hearings, so the media will have access to materials before and during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports prior to appearing at the Inquiry.

Any member of staff who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing.

If you are called to give evidence, it is important that you prepare for this by:

• Reviewing all personal notes and files, as well as the documentation provided to you by the Inquiry Team in advance of giving your witness statement.
• Familiarising yourself with the hearing surroundings by viewing the information about the venue on the Inquiry website.
• Being prepared for possible media interest in the lead up to the hearing.
• Being aware that you may have to wait at the hearing venue before you are called as a witness.

When called to give evidence, you must take an oath, or affirm, declaring that you will tell the truth at all times. You are then likely to be questioned on who you are, your qualifications and experience, and your place of work before going on to matters relating to health and social care within the Covid pandemic.

Listen carefully to the questions you are asked and take time to consider your response. Do not feel pressured to give a “yes” or “no” response and be ready to explain your view. If you can’t remember the date of an event or don’t know the answer to a question, say so – don’t try to guess and do not speculate. If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated. Be calm, courteous and honest. Remain objective, and do not get personal. Speak clearly and concisely, and be ready to confirm your evidence from notes taken at the time, or by reference to your witness statement. If your role is a central one, be prepared for a possible lengthy session in the witness box which may last several hours.

Do:

• Prepare in advance
• Be fully familiar with the issues under investigation at the session
• Give detailed and relevant answers
• Say if you cannot remember
• Be alert and astute to the atmosphere in the venue
• Direct your answers to the Chair, even though counsel to the Inquiry is asking the questions: the Chair is the decision maker
• Be clear in what you say and speak loudly enough for the Chair and Counsel to the Inquiry to hear you
• Be ready and willing to expand and explain your answers if requested
• Be ready and willing to see the argument in opposing views but be firm and clear about your own evidence
• Be prepared for delays
• Be aware that this is a formal proceeding and dress appropriately
• Try to remain calm
• Try to avoid appearing defensive
• Stick to the facts – don’t make assumptions about what other people did or did not do
• Try to avoid jargon, medical or hospital language that others may not understand

Try not to:

• React emotionally
• Be arrogant, impatient, aggressive, rude, argumentative or appear patronising

Given the restricted number of attendees at the Inquiry premises, it is unlikely that the media will approach witnesses to the Inquiry. Should you be approached by a journalist, however, there is no obligation for you to make comment. The media may also take photographs of witnesses arriving at or departing from the Inquiry.

The NHSGGC Communications team is on hand to advise and support you if you are in any doubt about what to do if contacted by the press. They can be contacted by telephone, 0141 201 4429, or email,press.office@ggc.scot.nhs.uk 24 hours a day

Yes. NHSGGC is fully committed to providing support to all staff who may be involved in the Scottish Covid Inquiry. NHSGGC Legal Office operates a “Witness Service” that offers support and guidance to all witnesses asked to give evidence at a hearing. The service they can provide which would be helpful to any NHS staff member if required is:

• Practical help
• Information on Inquiry procedures
• Guidance regarding further support
• A listening ear for anxieties/concerns

If you would like support from this service generally, or if you are invited to give a statement / evidence, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk

Additionally, the NHS Central Legal Office (“CLO”) is acting for the territorial and special Scottish health boards in the Inquiry.

Of course, you may also seek support and advice from your Trade Union or Professional Organisation.

A precognition is an informal statement, used for internal purposes only, and not for wider disclosure, and is covered by legal privilege. The CLO might suggest that they take a precognition from you as part of its fact-finding phase. While you are not obliged to provide such a statement to the CLO, we would strongly advise you to do so: this process assists with building your own picture of the events to which you can speak; and if called by the Inquiry to give evidence, you must do so, so having taken the preparatory step of assimilating your recollection of matters in advance of that more formal process is hugely beneficial.

No. Any conversation you may have with a member of the CLO team is confidential and is covered by legal professional privilege, whereby written or oral confidential communications between a lawyer and a client are protected for the purpose of giving or receiving legal advice.

Yes. The Inquiry has set up a Hearings and Witness Support Team which is available to anyone who is a witness to the Inquiry; i.e. anyone who is either giving a witness statement, or giving evidence at an Inquiry hearing. They can provide information about what the Inquiry does and how they do it.

The witness support team can be contacted either via the NHSGGC Witness Service and/or CLO, or by email to hearingsandwitnesses@covid19inquiry.scot

Staff can also contact the NHSGGC Occupational Health Service for counselling support.  Mental Health and Wellbeing resources area available from HR Connect.

Yes. The CLO is supporting NHSGGC in the information-gathering stage of Inquiry preparations. Part of that exercise comprises a review of documentation and an assessment of its relevance to the Inquiry’s Terms of Reference and to the specific Requests for Information which the Inquiry Team has made. The provision of any documentation to the CLO does not mean that there will be automatic onward provision of this documentation to the Inquiry Team.

Subject to certain exceptions, should any material be considered to be relevant to these Requests, there is a legal obligation for this to be provided by NHSGGC, or the CLO on its behalf, to the Inquiry Team.

There are protocols in place to deal with the provision of sensitive or legally privileged material, including an application by the CLO to the Inquiry Team for an order for redaction (obscuring parts of text) or restriction of the publication of the material.

There is an ongoing investigation by the Crown Office and Procurator Fiscal Service, supported by Police Scotland, into the Covid-related deaths of care home residents and those who may have contracted Covid in the course of their employment, between May 2020 and December 2022.

If you have knowledge of matters relevant to the Police investigation, you may be asked to attend for interview to provide a statement.

No. Attending an interview and providing a statement to the Police is voluntary. However, NHSGGC wishes to cooperate fully with the Police investigation and would therefore ask that you consider this when deciding whether to agree to a request for an interview.

Please see Q.27 above.

Please see Q.17 above.

NHSGGC will support you as fully as possible and should you wish NHSGGC will make a solicitor from the CLO available to speak with you beforehand in order to answer any questions you may have, and to attend with you to the interview. However, if you would prefer to be accompanied by an independent solicitor, please contact your Trade Union or Professional Organisation.

Police Scotland will not necessarily provide details on what they intend to cover at the interview in advance. If so, preparation will not be possible. However you may be advised in advance of e.g. the name of the individual whose death they are investigating. It is recommended that you do not bring any documentation or notes with you to the interview as the Police Officers can take possession of these – see also Q.41 below.

Similar to Q.20 above, there will be two Police Officers in attendance. One of the Officers will hand write the statement during the interview. Although you will be responding to questions, the statement will be written as a first person narrative. This interview process therefore may take some time. You should feel free to ask for breaks whenever you want.

These are similar to Q.25 above.

• Listen carefully to the questions you are asked and take time to consider your response.
• If you do not understand the question or are unsure about what you are being asked, then ask for clarification.
• Do not feel pressured to give a “yes” or “no” response where that would not be correct, but instead provide a full response explaining the position.
• If you don’t remember or don’t know the answer to a question, just say so – don’t try to guess and do not speculate.
• If a question has multiple parts, break down the question and your answer.
• If you feel someone else would be better placed to answer a particular question, feel free to say so, as part of the purpose of the questions is to find out who is best to answer them.
• If you need to see a particular document in order to answer a question, ask for this document and if the Police have it available they will show it to you. If the document is not available, the Police Officer will request a copy from NHSGGC.

Be calm, courteous and honest. Speak slowly, clearly and concisely, as that will make it easier for the Police Officer who is writing down your responses.

If the Police ask you to provide any copies of documents including clinical notes, technical information or organisational information please advise the Police that all information is available through contacting the Public Inquiries PMO via ggc.covidpipmo@ggc.scot.nhs.uk.

Yes. At the conclusion of the interview, or at multiple points during the interview if it is a long interview, you will be asked to read through the statement that has been written by the Police Officer to check that it is accurate. You must read the statement carefully and make any corrections, changes, additions or deletions that you wish. Once this has been completed you will be asked to sign every page of the statement as well as sign at the end to confirm that the statement is a true and accurate record.

No. Your Police statement is confidential.

This is a statutory public inquiry set up under the Inquiries Act 2005 to examine the UK’s response to and impact of the Covid-19 pandemic, and learn lessons for the future.

The remit sets out that the Inquiry is to examine, consider and report on preparations and the response to the pandemic in England, Wales, Scotland and Northern Ireland, up to and including the Inquiry’s formal setting-up date, 28 June 2022.

The Terms of Reference of the Inquiry specify its remit and the issues it will be examining in more detail.

Baroness Hallett, who is the Chair of the Inquiry, is responsible for the direction and manner of the Inquiry. She acts in an independent capacity. A Public Inquiry is inquisitorial in nature, not adversarial, so the Chair performs more of an examining role than a judge would in court proceedings.

A Public Inquiry is a formal, independent review relating to particular events which have caused or have potential to cause public concern, or where there is public concern that particular events may have occurred. The aim of a Public Inquiry is to help to restore public confidence in systems or services by investigating the facts through consideration of documentary and witness evidence, to determine what happened and help prevent recurrence.

The outcome of a Public Inquiry is the production by the Chair, with input from the Inquiry Team, of a report which details key findings of fact and makes recommendations for the future. The Chair cannot make any findings of civil or criminal liability, nor can she award any compensation.

It is the role of the Inquiry Team to gather evidence from varied sources, including witness evidence from individuals with knowledge of the relevant circumstances.

You may be asked to provide a witness statement to assist the Inquiry Team with its investigations (see Q.14 below). However, the findings and recommendations detailed in the Chair’s report will be directed towards the UK and devolved governments and not at particular individuals.

The Chair has decided to divide the investigations into modules, each with a preliminary hearing and full hearing. Active modules are currently:

• Resilience and preparedness (1);
• Core UK decision-making and political governance (2);
• Impact of Covid-19 pandemic on healthcare systems in the 4 nations of the UK (3);
• Vaccines and therapeutics (4);
• Procurement (5).

Future modules will be announced in due course. For each module evidence including witness statements is requested from Core Participants and heard within the full hearings along with further oral evidence if required.

Module 1 public hearing began 13 June 2023 and concluded after 23 days, with a preliminary hearing 4 October 2022. Module 2 had 3 preliminary hearings over 2022 and 2023 and public hearings began 3 October 2023, continuing over 2023.

Module 2 in addition has Modules 2A, 2B and 2C examining the role of the devolved administrations. Module 2A concerns Scotland and has had 3 preliminary hearings over 2022 and 2023 with public hearings scheduled for January 2024. 2 preliminary hearings for Module 3 have also been held.

The public hearings are being held at Dorland House, London, W2 6BU.

Public inquiries are open to the public and the media. Seats should be reserved in advance with a few available on the day. Proceedings are being live-streamed on the Inquiry’s YouTube channel.

The hearings will continue to be available to watch on the Inquiry’s YouTube

channel after the hearing. Transcripts of the hearings will also be published daily, unless any contrary order or restriction notice is in place.

Module 1 examined preparedness and planning with submissions from

government, public health, professional and campaigning organisations.

Module 2 is currently examining UK government decision making including the perspectives of government members, campaigners and experts.

At present statements have only been supplied from organisations and scrutiny of healthcare has not yet begun.

Yes. Lady Hallett has powers under the Inquiries Act 2005 to compel a person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.

As yet no statements have been taken from NHS Scotland staff.

Yes. Lady Hallett has powers under the Inquiries Act 2005 to compel any person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.

As yet no statements have been taken from NHS Scotland staff.

Scrutiny of healthcare processes has not yet begun, and no witness statements have been requested from NHS Scotland staff. The following points are therefore based on experiences from other public inquiries.

You may have somebody present with you at a witness interview, such as a work colleague, friend, official from your Trade Union or Professional Organisation, or a solicitor from the NHS Central Legal Office’s (“CLO”) dedicated Covid-19 Inquiries team (which is acting for the Scottish territorial and special health boards in the Inquiry). It is recommended that whoever accompanies you is not themselves likely to be asked to provide a statement. The recommendation is that a solicitor from CLO attends with you to provide as full legal support as possible.

NHSGGC will support you as fully as possible throughout your involvement in the UK Covid-19 Inquiry. However, if you would prefer to be accompanied by an independent solicitor, the Inquiries Act 2005 allows for the possibility of an award of funding for legal representation for witnesses; applications for funding for legal representation must be approved in advance. You should speak with the Inquiry’s witness support team about this.

There are likely to be two members of the Inquiry team in attendance, who will take your statement, by asking you questions and referring you to documentation for your comment. Giving a witness statement may take some time. The statement takers will allow regular breaks, but you should feel free to ask for breaks whenever you want. If a meeting is likely to last a long time, the interview will be spread over more than one day. Consider making your own notes of the interview; this will help in remembering what was said when you receive the draft statement of your interview.

Shortly after your interview, you will receive a draft copy of your witness statement. This must be read thoroughly and any changes, additions or deletions can be made at this stage. You should sign the statement once you are satisfied that it accurately reflects your evidence. You may be asked to provide electronic verification in place of a signature, if the process is taking place remotely. Once the statement is signed, it then becomes your evidence to the Inquiry. If you subsequently wish to say something more, you can make a further statement.

Evidence for hearings is currently published on the Inquiry website several days prior to hearings, so the media will have access to materials before and during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports prior to appearing at the Inquiry.

Any member of staff who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing.

If you are called to give evidence, it is important that you prepare for this by:

• Reviewing all personal notes and files, as well as the documentation provided to you by the Inquiry Team in advance of giving your witness statement.
• Familiarising yourself with the hearing surroundings by viewing information about the venue on the Inquiry website (if required to attend in person).
• Being prepared for possible media interest in the lead up to the hearing.
• Being aware that you may have to wait at the hearing venue before you are called as a witness.

When called to give evidence, you must take an oath, or affirm, declaring that you will tell the truth at all times.

You are then likely to be questioned on who you are, your qualifications and experience, and your place of work before going on to the circumstances surrounding the issues under scrutiny at the hearing.

Listen carefully to the questions you are asked and take time to consider your response. Do not feel pressured to give a “yes” or “no” response and be ready to explain your view. If you can’t remember the date of an event or don’t know the answer to a question, say so – don’t try to guess and do not speculate. If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated. Be calm, courteous and honest. Remain objective, and do not get personal. Speak clearly and concisely, and be ready to confirm your evidence from notes taken at the time, or by reference to your witness statement. If your role is a central one, be prepared for a possible lengthy session in the witness box which may last several hours.

Do:

• Be fully familiar with the issues in the topic under discussion
• Give detailed and relevant answers
• Say if you cannot remember
• Be alert and astute to the atmosphere in the venue
• Direct your answers to the Chair, even though counsel to the Inquiry is asking the questions: the Chair is the decision maker
• Be clear in what you say and speak loudly enough for the Chair and Counsel to the Inquiry to hear you
• Be ready and willing to expand and explain your answers if requested
• Be ready and willing to see the argument in opposing views but be firm and clear about your own evidence
• Be prepared for delays
• Be aware that this is a formal proceeding and dress appropriately
• Try to remain calm
• Try to avoid appearing defensive
• Stick to the facts – don’t make assumptions about what other people did or did not do
• Try to avoid jargon, medical or hospital language that others may not understand

Try not to:

• React emotionally
• Be arrogant, impatient, aggressive, rude, argumentative or appear patronising

Should you be approached by a journalist there is no obligation for you to make comment. The media may also take photographs of witnesses arriving at or departing from the Inquiry.

The NHSGGC Communications team is on hand to advise and support you if you are in any doubt about what to do if contacted by the press. They can be contacted by telephone, 0141 201 4429, or email, pressoffice@ggc.scot.nhs.uk, 24/7.

Yes. NHSGGC is fully committed to providing support to all staff who may be involved in the UK Covid-19 Inquiry. NHSGGC Legal Office operates a “Witness Service” that offers support and guidance to all witnesses asked to give evidence at a hearing. The service they can provide which would be helpful to any NHS staff member if required is:

• Practical help
• Information on Inquiry procedures
• Guidance regarding further support
• A listening ear for anxieties/concerns

If you would like support from this service generally, or if you are invited to give a statement / evidence, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk

Additionally, the NHS Central Legal Office (“CLO”) is acting for the Scottish territorial and special health boards in the Inquiry. The CLO has a dedicated Covid-19 Inquiries team which is working alongside the Witness Service and can provide you with as full legal support as required, including accompanying you, if requested, to any witness interview meeting.

Of course, you may also seek support and advice from your Trade Union or Professional Organisation.

A precognition is an informal statement, used for internal purposes only, and not for wider disclosure, and is covered by legal privilege. The CLO might suggest that they take a precognition from you as part of its fact-finding phase. While you are not obliged to provide such a statement to the CLO, we would strongly advise you to do so: this process assists with building your own picture of the events to which you can speak; and if called by the Inquiry to give evidence, you must do so, so having taken the preparatory step of assimilating your recollection of matters in advance of that more formal process is hugely beneficial.

No. Any conversation you may have with a member of the CLO team is confidential and is covered by legal professional privilege, whereby written or oral confidential communications between a lawyer and a client are protected for the purpose of giving or receiving legal advice.

As yet no statements have been taken from NHS Scotland staff.

Staff can contact the NHSGGC Occupational Health Service for counselling support.  Mental Health and Wellbeing resources area also available from HR Connect.

There are protocols in place to deal with the provision of sensitive or legally privileged material, including an application by the CLO to the Inquiry Team for an order for redaction (obscuring parts of text) or restriction of the publication of the material.

Yes. The CLO is supporting NHSGGC in the information-gathering stage of Inquiry preparations. Part of that exercise comprises a review of documentation and an assessment of its relevance to the Inquiry’s Terms of Reference and to the specific Requests for Information which the Inquiry Team has made. The provision of any documentation to the CLO does not mean that there will be automatic onward provision of this documentation to the Inquiry Team.

Subject to certain exceptions, should any material be considered to be relevant to these Requests, there is a legal obligation for this to be provided by NHSGGC, or the CLO on its behalf, to the Inquiry Team.

There is an ongoing investigation by the Crown Office and Procurator Fiscal Service, supported by Police Scotland, into certain deaths associated with Covid-19. Please see the Scottish Covid Inquiry FAQs document for more about this.