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NHSE encourages trusts to take ‘robust action’ against staff involved in ‘civil unrest’

Published on: 13 Aug 2024

NHS staff must call out discrimination “whether it affects them directly or not” and trusts must take robust action where staff are involved in discriminatory behaviour “inside or outside of work”, NHS England has told local leaders.

The comments are set out in a letter from NHSE to local leaders following a meeting of around 240 integrated care board and trust leaders.

The meeting was convened by system chiefs in the wake of the anti-immigration riots to discuss the NHS’s response to the civil unrest.

In the letter, sent last night, the NHSE leaders said all staff had a responsibility to report discrimination when they see it, “whether it affects them directly or not”, and that they “should be called upon for support”.

The letter was signed by NHSE’s chief workforce, training and education officer Navina Evans, medical director Professor Sir Stephen Powis, chief delivery officer Steve Russell and chief nursing officer Duncan Burton.

An annex attached to the letter set out a series of policies and actions to help local leaders support staff affected by abuse, racism or discrimination. It also advises on how to address cases where staff are accused of wrongdoing.

The annex, titled “Listening to and supporting affected staff”, said NHSE would support organisations that pursue criminal charges and convictions in cases where staff were “involved in civil unrest, or other racism-related activities outside of the workplace”.

One of the sections is called “Consistency in our approach to dealing with staff involved in civil unrest, or other racism-related activities outside of the workplace”.

This says: “We support a robust and proactive approach to applying local disciplinary policies where staff are allegedly involved in discriminatory behaviour, inside or outside of work.

“This may include a risk-based approach to concluding the investigation, hearing the evidence, and appropriate sanction applied, in advance of the police concluding their procedures.”

It continues: “You should note that onward referral to professional regulators may be appropriate. Additionally, there may be cases where there has been no police involvement to date, but where internal investigations suggest criminal acts may have taken place. In these cases, employers should report their concerns to the police.

“NHS Employers will be available to support this approach.”

The move follows concerns about how staff would be protected against racist or discriminatory abuse in the wake of the unrest.

The letter said: “A key takeaway from the meeting was that colleagues would appreciate a ‘do once’ approach to bringing together, and in some cases interpreting, relevant resources, guidance and policies relating to supporting our staff, and to addressing racist or other discriminatory behaviour, whether from patients or colleagues.

“Since then, we have held two calls with all chief people officers to establish further what would be helpful. We have continued to hear updates from the frontline.”

NHSE chief executive Amanda Pritchard used her weekly email to again condemn what she called “racist and Islamophobic riots”.

She said: “While thankfully they now seem to be in abeyance, these racist and Islamophobic riots have been shocking, and have had a deep impact on many of our staff and patients – particularly given that they followed other racist incidents in recent months, such as continuing acts of antisemitism, all of which are deeply concerning.”

Disorder broke out in cities across England after three young girls were killed in a knife attack in Southport, Merseyside, last month.

The unrest also included incidents of racist and Islamophobic violence as some mosques, immigration centres and hotels housing asylum seekers were among those targeted.

Another eight children were injured in the Southport attack, with five left in critical condition, while two adults also suffered critical injuries.

All the children injured during the attack have since been discharged from hospital, however, the unrest appears to have been spurred by misinformation about the suspect.

The British Islamic Medical Association, which represents around 7,000 staff, said many of their members have felt scared and threatened following the riots.