NHS Greater Glasgow and Clyde takes a zero tolerance approach to sexual harassment in all its forms. It is important that any staff member who has experienced or is experiencing sexual harassment, feels able to come forward, report it and access the support that is right for them. For anyone who has experienced or witnessed sexual assault, this can include reporting the incident to Police Scotland
To ensure all our staff are aware of the support that is available to them, and the options open to them to report or raise concerns about sexual harassment, we are rolling out our Cut It Out programme throughout 2024 to:
- Demonstrate zero tolerance for sexual harassment and other forms of harassment, across NHSGGC.
- Build the trust, confidence and knowledge of staff when raising concerns, so they know they will be dealt with appropriately
- Ensure managers are equipped to deal with issues that are raised
- Let all staff know what is and is not appropriate in the workplace.
- Put in place the right support for people who experience sexual harassment.
If you believe you or one of your colleagues has experienced sexual harassment or any other form of harassment, please contact our Bullying and Harassment confidential helpline on 0141 201 8545 or the HR Support & Advice Unit.
You can also seek support and counselling via Occupational Health, or through the range of support shown in the Resources section at the bottom of this webpage. This includes specific support for any individual who has experienced sexual assault.
What is harassment?
Harassment is unwanted conduct relating to a relevant protected characteristic (age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation, marriage and civil partnership or pregnancy and maternity), which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. It may also relate to other personal characteristics such as trans identities including non-binary, as well as weight or social status.
Examples of Sexual Harassment as outlined in the NHSScotland Bullying and Harassment Policy:
- Indecent exposure
- Sexual assault
- Unwelcome sexual advances, propositions or pressure for sexual activity, continued suggestions for social activity within or outside the workplace after it has been made clear that such suggestions are unwelcome
- Suggestions that sexual favours may further a colleague’s career or refusal may hinder it, for example, promotions, salary increases etc.
- Leering, whistling or making sexually suggestive comments or gestures, innuendoes or lewd comments
Examples of Harassment as outlined in the NHSScotland Bullying and Harassment Policy:
- Offensive jokes, banter and comments
- Ostracising or “freezing out”, ignoring and staring
- Patronising comments and remarks
- Mimicking
- Use of derogatory terms
- Inappropriate personal questions or comments
- Belittling or patronising comments or nicknames
- Assault or other non-accidental physical contact, including disability aids
- The display, sending or sharing of offensive letters, publications, objects, images or sounds
- Graffiti
- Offensive comments about appearance or clothing
- Deliberate and consistent behaviours which demonstrate a non-acceptance of aspects relating to protected or personal characteristics, for example, failure to use requested gender pronoun for a transitioning individual
The informal process is focussed on early resolution. This recognises that the best way to resolve an issue at the earliest opportunity is by ensuring the other party is aware of the impact of their behaviour.
If early resolution is unsuccessful or the bullying or harassing behaviour is significant or persistent in nature, the employee or manager may initiate the formal process.
The information below sets out what you need to know about our informal and formal process.
Informal process (Early resolution)
- Speaking to the other party directly – the complainant approaches the other party to tell them that they find their behaviour offensive, why this is the case, and to ask them to stop.
- Writing to the other party – the complainant writes to the other party to tell them that they find their behaviour offensive, why this is the case, and to ask them to stop.
- Supported approach – if the complainant finds speaking to the other party too difficult, but still wishes to seek early resolution, they can ask a manager to relay their concerns to the individual.
- Supported conversation – if the individuals involved agree that early resolution is possible this can be supported through an informal discussion. Such meetings can be offered by a third party, e.g. a manager or HR representative, and involve supporting the employees to have a face to face conversation to start rebuilding relationships. During this process employees can be supported by their Trade Union representative or a work colleague. A record of the agreed outcomes will be provided by the third party to all participants.
- Mediation – the manager may suggest this to the parties involved to actively support early resolution. Mediation is voluntary and has a clear structure. It offers a safe and constructive approach to enable the parties to problem solve and develop a realistic agreement that meets all their needs. The trained mediators are impartial and they do not take sides or offer solutions but promote and support good conversation. What is said in mediation is confidential and cannot be disclosed or used in any subsequent procedure.
Formal process/procedure
If early resolution is unsuccessful or the bullying or harassing behaviour is significant or persistent in nature, the employee or manager may initiate the formal procedure.
In such cases the manager will assess any risk to determine what supports can be put in place to allow the employees to continue working together during this period e.g. alternate shift patterns. Where this is inappropriate, the employee alleged to have demonstrated the bullying and/or harassing behaviours will be moved to an alternate placement unless the complainant requests a move, or there is a legitimate service need which dictates that the other employee cannot be moved.
To initiate the formal procedure the employee should write to their manager or where this is not possible, or appropriate, to the next level of management. The communication should detail the employee(s) alleged to be demonstrating these behaviours and the nature of these. The employee may access a confidential contact or HR for advice, or a trade union representative for support and assistance.
If the employee has chosen to go straight to the formal stage of the procedure, a manager will discuss with the employee why they think early resolution is not appropriate and will offer every support to allow early resolution to take place.
The manager who receives the complaint must acknowledge the complaint in writing within 7 calendar days, using the Standard acknowledgement letter template. The letter outlines the process for either revisiting the possibility of early resolution or the process of investigation to be undertaken in line with the NHSScotland Workforce Policies Investigation Process.
How you can help
Share the resources on this page.
Complete NES Sexual Harassment elearning resource (scot.nhs.uk):
Sign Up to our active bystander training – see the dates below
Complete our anonymous survey: Sexual Harassment: Cut It Out – Anonymous Staff Survey
Management Training
Supporting staff is a key part of the manager’s job and this module offers guidance and support on issues relating to harassment at work. Any member of staff in NHSGGC who has responsibility for managing NHSGGC staff in their teams can sign up for training using this link: Sexual Harassment – NHSGGC
Active Bystander Training
‘Active Bystander’ is an innovative and award-winning training session which provides skills to challenge unacceptable behaviours, including those which may have become normalised over time. Places can be booked for these 75 minute sessions in 2025/26 via our Cut It Out page on Staffnet. If you are an NHSGGC employee and unable to access Staffnet, please email ggc.staffexperience@nhs.scot with your name, job title and work base, so that we can book you on.
You can also view EDI and Active Bystander Training – Moving Beyond the Tick Box
GGC: 330 Speak Up! Supporting Staff to Challenge Inappropriate Behaviours
If you can’t make any of the dates for our tutor led Bystander Trainer sessions, we also have available our Speak Up! learnPro NHS module. To complete this module, please log-in to LearnPro, search for course 330 and add to your courses.
There are a range of Available services to support any member of staff who feel that they are being bullied or harassed:
Sexual Assault
The impact of sexual harassment or sexual assault can impact individuals differently. It can present physical, psychological and professional difficulties. Many victim-survivors disclose mental health challenges such as anxiety and shame, alongside diminished confidence in the workplace or avoidance of specific work scenarios. Individuals can and do recover but it is important that we acknowledge the individuality of this, and the sources of support needed for this. We encourage employees to use the NHSGGC support service listed above, including contacting the police for any incidents of sexual assault, but acknowledge that additional sources of support may be necessary:
Support Materials
Posters and Leaflets
Other Resources
COVID-19 Instructions and Risk Assessments
All instructions and risk assessments for testing in patients with suspected or positive COVID-19 are listed below. This page will hold the most up to date version.
Abbott Freestyle Precision Pro glucose meters
Abbott i-STAT analyser
Roche influenza point of care unit
- POC influenza risk assessment
- POC influenza instruction
Hemocue Hb and WBC
Haematology QEUH
- Haemochrom risk assessment
- Rotem risk assessment
- Verify Now risk assessment
- Chairperson NHSGGC POCT Committee: Andrew Kerry, Consultant Clinical Scientist, Royal Alexandra Hospital
Please contact the relevant laboratory discipline in your sector if you are considering introducing a new POCT service in your area. Staff will be happy to talk you through the process and direct you to the paperwork required prior to approval and introduction of any service. As a first step we would encourage you to read the POCT policy and POCT checklist.
No new POCT service will be introduced or supported by the committee unless the POCT checklist is completed and signed off.
POCT Useful Documentation
What is Internal Quality Control?
Internal quality control (IQC) involves analysis of control material of known concentration within predefined limits. This ensures the quality of the results produced prior to reporting any patient results from the POCT device
What is External Quality Assurance?
External Quality Assurance (EQA) involves analysis of a sample of unknown value from an external, independent source. The results are scrutinised by the EQA scheme provider and allow comparison of results across multiple sites. Participation in EQA allows monitoring of performance and possible early detection of a systematic problem with analysis of patient samples.
Any site wishing to introduce a new POCT service must enrol in a recognised EQA scheme.
Audit
The POCT team will perform audit of the service and provide feedback to the service lead. The audit outcomes and any corrective and preventative action are documented in the laboratory quality management system.
The NHSGGC Point of Care Testing (POCT) committee meets bi-annually with the aim of policy-making and review of sector POCT groups. The committee also includes Primary Care representation with the aim of guiding appropriate POCT governance in the community. The POCT Co-ordinators management group meets quarterly, with multidisciplinary representation and includes user representation where appropriate. The group focus on implementation and monitoring of POCT activity within each sector.
If you use POCT in your clinical area you must ensure your device is registered with the NHSGGC POCT committee.
What is Point of Care Testing (POCT) Testing?
Point of Care testing is defined as ‘Diagnostic testing that is performed near to or at the site of patient care with the result leading to a possible change in the care of the patient.*’ This normally takes place in a non-laboratory setting by appropriately trained non-laboratory staff.
- ISO 227870: 2016 Point of Care Testing (POCT) – Requirements for Quality and Competence.
Potential Advantages of POCT
Rapid turnaround of results
- Reduced patient waiting times
- Earlier impact on clinical decision making
- Financial efficiencies
Less invasive
Accessibility
- Ability to reach remote places
- Improved healthcare access
Potential Disadvantages of POCT
Expensive compared to conventional laboratory testing
- Cost of consumables, IQC, EQA
- Staff resource required at source of testing
Sample quality
- Higher rate of pre-analytical errors are associated with POCT due to poor sample quality
Staff Training, competence and documentation
- Appropriate training and continued competency checks required to ensure accurate results
- POCT may need to be manually entered into patient record which is potentially problematic
Safety
- Clear protocols required for infection control, storage and disposal of clinical waste etc.
Point of Care Testing (POCT) Services Offered in NHSGGC
Please note, not all services are available in all sectors.
Biochemistry
Blood glucose and ketone analysis
Blood gas analysis
Urinalysis
Haematology
- Haemoglobin
- INR
- ROTEM analysis
- Verify Now antiplatelet drug monitoring
- White Cell Count
Microbiology/Virology
NHS Greater Glasgow and Clyde believe that all staff should be able to thrive and flourish at work. It is a core role of the organisation and managers to support staff to enable them to do this.
For a staff member with a disability and / or a long-term health condition, standard working practices should be reasonably adapted to enable that member of staff to continue to work. Doing this will:
- Enable the staff member to feel appreciated and valued at work
- Help us retain staff and reduce sickness absence
- Ensure that we comply with relevant equality legislation
- Remove barriers to full participation to all our staff
- Implement reasonable adjustments to avoid the time spent managing sickness absences.
Putting in place a reasonable adjustment can mean that a member of staff is treated differently from their colleagues and is in fact what we are required to do under the law. This is the difference between treating team members equally and equitably.
Our Reasonable Adjustment Guidance explains what reasonable adjustments are and how managers should support any of their staff with disabilities or long-term conditions.
This is accompanied by the Workplace Adjustment Passport and Reasonable Adjustment Review Form, which should be used by staff and managers to record any agreed adjustments.
The Neurodivergent Sub-Group of the Staff Disability Forum have, in partnership, developed a webpage aimed at helping staff support and work with neurodivergent colleagues.
Some helpful case studies and links to further resources are below.
Case Study 1 – a member of staff who experiences sensory issues and wears hearing aids
Susanne, aged 23 years, is a newly recruited staff member within an inpatient setting. She is a trainee within the Audiology team. She wears hearing aids in both ears and did not disclose information about her disability during the interview. However, she informed her manager when offered the job. Her manager contacted HR to seek advice about how to proceed and support this recruitment process as well as Susanne with reasonable adjustment to work within the team.
What adjustments would make a difference?
- Discussing the role and responsibilities with Susanne.
- Speaking with Susanne to gain a greater understanding of her needs.
- Making a referral to Occupational Health.
- Discussing potential adjustments to equipment or environment that may be required. Providing extra time to carry out record keeping and lengthening appointment time with patients.
- Gaining consent from Susanne to disclose information about her needs with the team and specifically her supervisor.
- Provision of emotional support from peers and colleagues to ensure Susanne feels that she is heard and listened to.
- Creating a personalised fire evacuation plan.
Case Study 2 – an employee returning to work after a long-term sickness absence following a stroke
The experienced employee was referred to Occupational Health (OH) following his return to work after a stroke. He is 41 years old and does not want to go for medical retirement.
The employee has difficulty concentrating, focusing on tasks and can appear to be anxious, and therefore to be struggling physically. During the OH consultation, the employee indicated that his cognition, hearing and physical functions were impacted. He was under the care of rehabilitation for 8 months. Prior to the appointment, the staff member had no clue about any adjustments but was keen to return to work to keep him occupied.
At the rehab centre, he met therapists (OT, Physio, and Audiology) who were able to improve the functioning to manage activities of daily living (ADLs), but this required time.
Key Issues:
- The ward environment is busy and distracting.
- Having difficulty remembering processes and therefore anxious that they appear to be not coping, which affects physical functioning such as typing/ writing.
- Unable to walk long distances.
Adjustments suggested:
- The OH Staff Nurse identified and proposed a graded return to work with increased meetings with the supervisor. Would be happy for workplace adjustments passport to be completed covering:
- Support with routine planning.
- To use a quiet office to complete his written work, such as care plans.
- Prepare check lists for tasks/processes.
- Using flowcharts to make following processes easier, as the standard operating processes contained too much information, which caused confusion.
- During rounds/meetings, they use a note-taking app on their work phone.
- Use of aid when walking.
- Taking frequent breaks as and when required.
- Flexibility to work from home when too tired to stay on site. It was noted throughout this agreement that duties would gradually increase and skills improve.
Case Study 3 – Member of staff entering the menopause
Anna is a nurse in a community setting. About 4 years ago – aged 48, she stared to notice symptoms. “Not the stereotypical night sweats and changes to my periods, but struggled with sleeping, sore joints, low mood and generally not feeling myself”.
She was lacking in confidence – been in her job a long time so was feeling that she should be at the top of her game, but couldn’t remember things, was worried about driving, prescribing and stressed that she would make mistakes at work.
Lucky that she worked where there are lots of colleagues who were really supportive and said that it sounded like the peri-menopause. They suggested Anna had a chat with her GP who provided her medication.
Anna didn’t talk to her line manager about it at the time, because she felt that she should have been able to manage things. Anna didn’t want to be seen to be moaning or seen as weak. While she feels she should have been able to, Anna didn’t have that relationship with her line manager at that time.
What adjustments would have made a difference?
The single biggest thing that would have made a difference is some flexibility with start times. Her team had an 8.30am meeting before the clinic day starts and Anna liked be present at the meeting, not rushing in at 8.30am. If she’d had had a bad night with no sleep, that was incredibly difficult for her. Just to have known it was OK to text and say ‘had a bad night’ and get support from her manager to start a bit later, took away a lot of her stress and anxiety.
The other thing that was important was emotional support from peers and colleagues. Just someone to off-load to, have a chat and listen to.
Anna reflects that this needs a gentle approach because people might not be ready to accept the stage they are at, can be resistant to accepting that the symptoms are menopause. Her experience was that self-care is a big thing too – not just about medication.
Case Study 4 – adjustments for individual with Attention Deficit Hyperactivity Disorder
The employee was referred to Occupational Health as a Management referral due to performance and capability issues as a newly qualified Staff Nurse.
The employee had difficulty with focussing on tasks and appeared to be anxious. During the Occupational Health consultation the employee indicated that when they were university they had been diagnosed as having ADHD and had been supported with written work assignments and placements as a student. As this was their first qualified Nurse post they did not know if they needed any adjustments.
As a newly qualified Staff Nurse they had a Preceptor (mentor) who was already providing one to one support to become familiar with the ward and processes to be followed. The Staff Nurse identified that they were developing a good bond with their Preceptor, and would be happy for a workplace adjustments passport to be completed and shared with the Preceptor and the Senior Nursing team.
Issues identified by the Staff Nurse was that they found the ward environment busy and distracting and had difficulty remembering processes and anxious that they appeared to be not coping.
We discussed the Scottish ADHD coalition Guide to ADHD (www.scottishadhdcoalition.org) in the workplace and used this to identify specific issues and solutions that the Staff Nurse may find useful.
Adjustments suggested
- Increased meetings with the mentor, initially daily to supervise work and plan the daily tasks.
- To work with the Preceptor as buddy rather than ad hoc catch ups.
- To use a quiet office to complete her written work, care planning and prepare check list for tasks/ processes.
- There was already SOP (standard operating processes) but the Staff Nurse identified they were too much information on them and these caused them difficulty. They realised if they made bullet points they could follow processes easier.
- During rounds/ meetings, use a note taking app on their works phone.
- Once they became familiar with the ward routine they did not require as much feedback but continued to have meeting with the mentor so any difficulty was identified as soon as possible.
Allied Health Professions are a crucial part of the NHS, making up one third of the clinical workforce.
- Art Therapist
- Diagnostic Radiographer
- Dietitian
- Dramatherapist
- Music Therapist
- Occupational Therapist
- Orthoptist
- Orthotist
- Paramedic
- Physiotherapist
- Podiatrist
- Prosthetists
- Speech and Language Therapist
- Therapeutic Radiographer
The Return to Practice process enables you to re-register with the HCPC after a period of time away from your profession. There are many reasons why you may not have practiced such as caring/parental responsibilities, illness, travel or other career routes. We value the skills you have gained whilst you have been away and look forward to your return.
Different requirements apply depending on how long you have been out of professional practice.
NHS Careers Scotland has all the information you need about the steps to re-registration including the links to the HCPC who manage the final step.
Now is the time to return and help to deliver safe and effective care for the people of Scotland.
Measles is a highly infectious, rash illness that can lead to severe complications. Europe is currently seeing a resurgence of measles. Cases imported to Scotland, from the rest of the UK and elsewhere, could propagate local outbreaks within under-vaccinated communities.
Protection of healthcare workers (HCW) is especially important in the context of their ability to transmit measles or rubella infections to vulnerable groups. While they may need MMR vaccination for their own benefit (including protection against mumps), they should also be immune to measles and rubella for the protection of their patients.
It should be noted that staff exposed to measles who don’t have appropriate evidence of immunity should be excluded from 5 to 21 days after exposure.
Staff Immunity
Assessment of healthcare workers MMR status is undertaken by the occupational health service at pre-employment. Due to the recent resurgence of measles it is recommended that all healthcare settings review the measles status of their staff. This is particularly important in higher risk areas including Emergency Departments and those staff working with particularly vulnerable patients e.g. haematology, oncology, maternity, paediatric and adult infectious disease units.
Satisfactory evidence of protection would include documentation of having received two doses of MMR, or positive antibody tests for measles and rubella.
Managers/Supervisors – Please complete the attached form detailing any members of staff identified as requiring MMR or, are unsure regarding their immunity/immunisation status and forward confidentially to the occupational health service via email occupational.health@ggc.scot.nhs.uk
Alternatively, if a staff member would prefer to discuss this confidentially with Occupational Health please advise they contact us by email as above or call 0141 201 0600.
Occupational Health will then review the staff lists provided and arrange for an appointment if required. We will initially be prioritising the higher risk areas and areas where staff are working with vulnerable patients including;
- Paediatrics
- Neonatal
- Maternity
- Emergency Departments
- Health visitors/family nurses; school nurses / additional needs schools nurses
- Haematology / oncology
- Infectious Diseases
- Rheumatology
- Renal
For the purposes of confirming satisfactory evidence the following will be applied.
- All HCWs who have documented evidence of two doses of MMR or positive antibody tests for measles and rubella should be considered immune to measles and no further action is required.
- HCW’s who do not have this evidence will be offered two doses of MMR.
Building a Better Workplace: Working together to ensure our workplace is free of racism.
We want all staff in NHSGGC to feels safe, respected, and valued. Our workplace should always be a place where differences are celebrated and where everyone has the chance to thrive, regardless of their background or identity.
If you believe you or one of your colleagues has been the victim of bullying or harassment, you can find out more information on our factsheet or access the new helpline by calling 0141 201 8545, Monday, Tuesday, Wednesday and Friday from 9am to 4pm and Thursday’s between 12.00pm to 4pm.
There is more information about how to contact HR for support and advice on HR Connect.
Speak Up:
- If you witness or experience racism, don’t stay silent. Use your voice to challenge it. Remember, bystander intervention can be incredibly powerful.
- Talk openly and honestly about race and racism with your colleagues. Open dialogue is key to understanding and building empathy.
- Utilize our dedicated channels: If you feel uncomfortable speaking up directly, you can use our confidential Bullying and Harassment Helpline or speak to one of our Bullying and Harassment Confidential Contacts
Get Involved:
- Join the BME Staff Network: Connect with colleagues from similar backgrounds, share experiences, and support each other. You can join as a BME member of staff or as an ally.
- Attend our Bystander Training: Learn how to effectively intervene in situations of racism and discrimination. See the links to sign up at the bottom of this page.
- Become an Ally: Actively support and advocate for colleagues from diverse backgrounds.
Remember, every action, big or small, makes a difference. By speaking up, intervening, and getting involved, we can create a workplace where everyone feels respected and empowered.
Let’s build a Better Workplace, free from racism and discrimination. Together, we can make a positive change.
Active Bystander Training
‘Active Bystander’ is an innovative and award-winning training session which provides skills to challenge unacceptable behaviours, including those which may have become normalised over time. Places can be booked for these 75 minute sessions in 2025/26 via our Cut It Out page on Staffnet. If you are an NHSGGC employee and unable to access Staffnet, please email ggc.staffexperience@nhs.scot with your name, job title and work base, so that we can book you on.
You can also view EDI and Active Bystander Training – Moving Beyond the Tick Box
Resources
Six Resources you can use to help make your workplace inclusive and welcoming.
Speak Up!
if you see have any concerns or issues at work, please Speak up! This could be about your working life, the quality of service we offer or the care provided to our patients. You can find out more about how to Speak Up on our dedicated webpage.
Frequently Asked Questions for staff, relating to the Scottish Covid Inquiry.
1. What is the Scottish Covid Inquiry about?
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.
2. What is the Inquiry looking into?
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.
3. Who is conducting the Scottish Covid Inquiry?
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.
4. What is a Public Inquiry?
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.
5. What is the outcome of a Public Inquiry?
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.
6. Is the Scottish Covid Inquiry directed at my actions?
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.
7. What is the format of the Scottish Covid Inquiry?
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.
8. When are the Inquiry Hearings being held?
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.
9. Where are the Inquiry Hearings held?
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.
10. Are the hearings public?
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.
11. Can I catch up with the proceedings at a later date?
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.
12. Will the Health Board or any staff mentioned in any statements or hearings have a chance to respond to any perceptions put forward by families, care home colleagues or others?
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.
13. Will I be approached by the Inquiry Team to provide a witness statement?
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.
14. Do I have to provide a witness statement if requested to do so?
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.
15. As a former NHS employee, do I still have to cooperate with the Inquiry?
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.
16. What happens next?
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.
17. Who can I take with me to the witness interview?
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.
18. Can I obtain separate legal representation?
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.
19. What happens at the witness interview?
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.
20. Do I get a chance to see, and make changes to, my statement before it is finalised?
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.
21. Will my witness statement be public and will it attract media interest?
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.
22. Will I be called as a witness 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.
23. What should I do to prepare before giving evidence to the Inquiry?
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.
24. What should I expect when giving evidence to the Inquiry?
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.
25. What are the key tips to remember when giving evidence?
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
26. What happens if I am approached by a journalist?
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
27. Is there anyone at NHSGGC I can talk to about my participation in the Inquiry?
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.
28. Am I obliged to provide a precognition to the CLO if requested to do so?
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.
29. Will what I say to a CLO solicitor be in the public domain?
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.
30. Is there anyone on the Inquiry Team I can speak to for support?
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.
31. If asked to provide certain documentation relating to the issues set out in the Terms of Reference by a solicitor from the CLO, should I do so?
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.
32. What if the material is sensitive, contains personal data or is legally privileged?
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.
33. I have heard that there is also a Police investigation, is that correct?
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.
34. Will I be interviewed as part of the Police Investigation?
If you have knowledge of matters relevant to the Police investigation, you may be asked to attend for interview to provide a statement.
35. Do I have to attend for interview and provide a statement to the Police if asked?
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.
36. What should I do if I am contacted by Police Scotland requesting an interview?
37. Who can I take with me to a Police interview?
38. Can I obtain separate legal representation?
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.
39. Do I need to prepare for a Police interview?
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.
40. What happens at a Police interview?
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.
41. What are the key tips to remember when being interviewed by the Police?
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.
42. If requested, should I provide documents to the Police?
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.
43. Do I get a chance to see, and make changes to, my Police statement before it is finalised?
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.
44. Will my Police statement be made public?
No. Your Police statement is confidential.