One of the first people to go through a system set up to help hundreds of former employees who were bullied at NHS Highland has described the system as “broken” – and branded the payment he is entitled to at the end of the process “shocking”.

The ‘healing process’ was set up in the wake of a critical report that found hundreds of staff could have been affected by bullying and workplace harassment.

NHS Highland has called the approach ‘an innovative and unique solution to try and aid healing’ and said it does not close the door to other options.

But some of those who have brought cases under the scheme say it still involves NHS Highland’s own senior leaders who might have first-hand knowledge of the cases making final decisions.

There are a series of resolutions ranging from counselling, formal apologies and compensation of up to £95,000 in the worst cases – though higher amounts can be approved by the Scottish government.

An independent report by John Sturrock QC had exposed “fear, intimidation and inappropriate behaviour” at the health board and called for wide-ranging changes.

Among these was a call for a further review into the situation in Argyll & Bute, which has led to a row over the action taken by management.

Former employee Sandy Wilkie, who was one of the first to be compensated under the scheme, described the offer of £3,000 as “shocking”.

Now he says that the 300 staff who have been victims of bullying and are signed up to the process could end up “bitterly disappointed” with the final result – particularly as there is no way to appeal a decision.

An expert in organisational culture, Mr Wilkie was head of HR in Argyll & Bute health and social care partnership but says he was undermined by team members from mid-2018, even after he was off work due to depression, until he left the organisation.

He says this contributed to the breakdown of his marriage, while the loss of income meant he had to draw his pension early and take on a job in a hotel kitchen.

“I think that anyone who is about to go through the process or indeed has been through it should have deep concerns,” he said.

“I recently learnt that ex members of the NHS Highland senior team are now participating as panel members and, from my own perspective, one of the perpetrators of my bullying named in my submission actually sits on the Remuneration Committee.  

“There will be people out there who are vulnerable, who have suffered a lot and relying on compensation, who are waiting on some sort of closure either emotional or financial and I don’t see how this will provide that.”

Concerns among staff centre around the direct involvement of NHS Highland senior executives in deciding compensation, some of whom were in post during the period of bullying exposed by John Sturrock QC.

Under the process, an independent panel assesses each case and makes recommendations for financial recompense, with the final decision made by a committee of senior figures in NHS Highland.

Local MSP David Stewart, who has campaigned on behalf of staff, had previously called on the Scottish government and NHS Highland to rethink the make-up of the committee but was told the process would not be altered.

“I can see exactly where members of this group are coming from,” Mr Stewart said in September.

“An analogy might be an employment tribunal where someone on the panel has prior knowledge of a case.

“With the best will in the world that person cannot be impartial no matter their best intentions.”

NHS Highland told healthandcare.scot that all applications are confidential and individual cases are redacted so that they are considered anonymously.

Fiona Hogg, Director of Human Resources, said the healing process was an “innovative and unique solution to try and aid healing, over and above other options”.

Ms Hogg said: “The healing process is not a replacement for internal or external processes where a colleague or ex-colleague has a complaint, such as grievance, bullying and harassment complaints or an employment tribunal.”

“It is about addressing past harm in a unique way that focuses solely on the individual and their perspective and experience to support a process of healing.”

However former staff members say they have little trust in the process and say potential conflicts of interest exist because committee members have been involved with their complaints in the past, leading to concerns that some ex-employees will not come forward at all.

NHS Highland has stressed that the first stage of the Healing Process, when cases are heard by a review panel, is “independent”.

David Hughes had worked for NHS Highland for 17 years, most recently as accessible information officer in the learning disabilities team before leaving last December, he says, because of stress brought on by bullying and repeated mishandling of his complaints.

Mr Hughes said the initial part of the process “wasn’t too bad” and he received good-quality counselling and one-to-one support.

But his concerns came when he found out that the remuneration committee included NHS Highland senior management members.

“Immediately my trust was gone,” he said. “All the goodwill that the non-NHS side of the process had built up was jettisoned straight away because these are the very same people who were responsible or certainly played a significant part in my situation, and they were suddenly having the final say.”

He received an offer of £5,000, which he says fails to cover the debt he went into. The award could also affect his benefits.

In another case, dental therapist Pauline Thomson, who has already taken her former employer of 23 years to an employment tribunal and won her case for constructive dismissal, said the healing process has come “nowhere near” righting the wrongs she faced.

“It’s just a gratuity payment really in the hope that you will be happy with that and move on,” she said.

Now she plans to take the board to court for her loss of income.

Under the Healing Process, former staff are assigned compensation by tiers ranging from 5, for “exceptionally serous and sustained harm”, to 1, for less serious cases.

A former employee of the Highland social work department – who does not want to be named – says they were classed as level three for a pay-out, despite a multitude of mental health issues leading to being unable to work and a suicide attempt.

They said: “The criteria for tier five is a potentially catastrophic outcome. I tried to kill myself – that’s pretty close to catastrophic.

“It seems very much to me that that they are trying to palm people off with the lowest amount they can because it looks better in the press if they only pay out £500,000 in compensation as opposed to £1.5m.

“The whole thing is a whitewash.”

In a statement, NHS Highland’s Human Resources Director Fiona Hogg said the process had been co-produced with whistle-blowers and trade unions. Ms Hogg, who joined the board to help with the response to the Sturrock review, said that the Remuneration Committee only sees anonymous recommendations from the independent review panel.

She added: “The NHS Highland remuneration committee is a board committee the attendance at which is mandated by Scottish Government for all NHS Boards in Scotland. The members are the Chair, the Vice Chair and the Employee Director. The Director of Human Resources and the Chief Executive are also in attendance. The remuneration committee do not have details of who the recommendations relate to, and the recommendations are heavily redacted to assure anonymity.

“To date of the 42 recommendations which have been reviewed at three remuneration committee meetings, no financial recommendation has been declined or amended by the remuneration committee, although they have been fully scrutinised and further points of clarity sought and received in some cases.   

Ms Hogg pointed to guidance on compensation levels on the healing process website. She said that the committee had seen all recommendations as “appropriate”.

“The financial recommendations have to be signed off by NHS Highland Chief Executive and the Remuneration Committee. This is public money, for which we are accountable, and there are strict rules and processes required, as you would expect.

“Those going through the Healing Process are not subject to non-disclosure agreements so can share this information publicly, should they choose to do so, however, NHS Highland cannot comment on the specifics of any current or former colleague or their situation.”

 

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