Conduct, Capability, Ill Health and Appeals Policies for Practitioners

Introduction

In order to comply with Maintaining High Professional Standards in the NHS (HSC 2003/012), the Trust has put in place this policy and procedure.

This policy and procedure applies to all doctors and dentists (referred to as the “practitioners”) employed by the Trust. These procedures supersede all previous Trust and Department of Health procedures including HC90(9), HC(82)13, HSC(94)49 and HM(61)112 in respect of their application to practitioners employed by the Trust.

This policy forms part of Ashford & St Peter’s Hospitals NHS Trust’s commitment to create a positive culture of respect for all individuals including staff, patients, their families and carers as well as community partners. The Trust’s values (the ‘4P’s’) are integral to all aspects of day-to-day life in the organisation and underpin the application of all our employment policies and procedures.

The right of appeal to the Secretary of State held by some employees under paragraph 190 of their Terms and Conditions of Service are also abolished and replaced by appeal rights contained in this procedure.

Right to be Accompanied

Any practitioner covered by this policy and procedures may be accompanied by a friend, partner/spouse, work colleague or trade union/defence organisation representative. This right to be accompanied extends to any of the meetings or hearings referred to throughout the policy and procedures.

A practitioner facing a hearing on misconduct or capability grounds is entitled to legal representation, where the legal representative is employed or instructed by the practitioner’s union/defence organisation or is a spouse, partner, colleague or friend of the practitioner. However, the practitioner is not entitled to representation by a privately instructed lawyer (i.e. acting on a remunerated basis).

Policy Details

See also:

• Sickness Absence Policy
• Single Equality Scheme
• Alcohol and Drugs at Work Policy
• Dignity At Work Policy (formerly Harassment and Bullying at Work Policy)
• Policy and Procedure for Grievance
• Freedom to Speak Up: Raising Concerns (Whistleblowing Policy)
• Incident Reporting Policy