Hi Everyone 

I have started a new crowd justice page.

This page is closed and does not accept donations. 

Crowd justice admin advised me,  I would need to commence a new page in view of my previous page being closed. 

The new page was launched just over a week ago 14/06/2022    

In this new page I reflect on the judgement outcome, and explain why I am now again raising funds for my legal team and barrister.     

I also ask many pertinent questions such as: why was a care assistant ever allowed to hold her own clinics with such a vulnerable group of adults ?     

To visit my new crowd funding page please visit. 

JUSTICE 4 JANE I uncovered a care assistant working as a nurse (crowdjustice.com) 

https://www.crowdjustice.com/case/employment-tribunal-reveal-the/

Thank you for reading. 

Jane Archibald 

Hi everyone

My employment tribunal was finally heard on the 7^TH February with  written submissions on the 11/04/22.   

I am VERY  pleased with the judgment. My case concluded  I was constructively unfairly dismissed and that I made protective disclosures which were in the public interest.        

To read the full judgment go to Ms J Archibald v North Cumbria Integrated Care NHS Foundation Trust: 2401930/2020 - GOV.UK (www.gov.uk)

"Alternatively scroll down to see a brief summary " which relate to just some of the claims in which I was successful with.    

I have many people to thank which include :   

A huge thank you to my family and  friends in the UK and Australia.  

My barrister who did an wonderful job and cross examined  6 NHS staff in just under two days.  The reason for this was because I was cross examined by the NHS barrister for three and half days which left very little court time.  Hence the reason written submissions were submitted by both parties in April 2022.        

A huge thank you to my legal team who did an excellent job during a two year long period preparing my case and myself for court. 

To Minh Alexander for all her time support and guidance     

Thank you to the public for your donations which kick started my case and contributed to my legal fees. Thank you to the crowd justice for all there assistance.  

The concerns I raised 

The  concerns I raised mainly related to nursing staff working outside their scope of practice and adults who were prescribed epilepsy medications, most were vulnerable adults. 

Take home message 

NHS staff who raise concerns need better protection 

NHS staff should be able to raise concerns without fear of reprisal.

Please see enclosed petition for whisteblowers.   

Petition · Replace weak UK whistleblowing law, and protect whisteblowers and the public · Change.org

 Cut and pasted from the 55 pages of the judgment.   

                                                 JUDGMENT

• The unanimous judgment of the Tribunal is that:
• The Tribunal has no jurisdiction to consider the complaints of protected disclosure detriment other than the complaints about the outcome of the grievance and grievance appeal and reference and being told that the second grievance would not be addressed, and the complaints in respect of which the Tribunal has no jurisdiction are dismissed.
• The complaints of protected disclosure detriment in relation to the complaints about the outcome of the grievance and the grievance appeal are well founded.
• The complaints of protected disclosure detriment in respect of the reference and being told that the second grievance would not be addressed are not well founded and these complaints are dismissed.
• The Tribunal has no jurisdiction to consider the complaints of direct disability discrimination and these complaints are dismissed.
• The complaint of discrimination arising from disability is not well founded and this complaint is dismissed.
• The Tribunal has no jurisdiction to consider the complaints of failure to make reasonable adjustments and these complaints are dismissed.
• The complaint of “ordinary” constructive unfair dismissal is well founded.

Summary of the case 

17. The claimant was at relevant times employed by the respondent trust as a Senior Nurse Practitioner/Specialist Epilepsy Nurse. She resigned with effect from 28 February 2020. The claimant has epilepsy and the respondent conceded, during the course of proceedings, that the claimant was disabled by reason of this condition at relevant times. The claimant alleges that she suffered detrimental treatment dating back to December 2015 because she made protected disclosures. The majority of the disclosures of information relied upon as being protected disclosures were in the form of incident forms raising concerns.

Facts

19. The claimant began employment with the respondent on 9 February 2015 as a Specialist Epilepsy Nurse. She worked in the Neurology Service of the respondent Trust. This service was the result of a merger in 2011 of services which had been delivered by different Trusts in the north and south parts of the county. The Neurology Service in North Cumbria University Hospital had been delivered by one Consultant Neurologist and a Band 5 Epilepsy Advisor, Samantha Robinson, who was not a registered nurse.

20. The claimant’s role with the trust was a new one. She was one of two Specialist Epilepsy Nurses who were appointed. The other, Graham Bickerstaff, had previously been employed by the respondent in another role.

21. It appears that Graham Bickerstaff may, at some time prior to the claimant’s appointment, have had some supervisory responsibility for Samantha Robinson. In her letter to the Chief Executive dated 8 August 2019 (p.559), the claimant wrote that she had been told by Graham Bickerstaff that he used to be her supervisor. The claimant, in submissions, also relied on the document at page 763, on which Graham Bickerstaff is described as Team Leader, of the neuroscience service.

24. In or around February 2015, soon after the claimant started her role, the claimant had a meeting with Samantha Robinson. Samantha Robinson told her that she had her own clinics. We find that she told the claimant that she prescribed medicines. Fiona Dixon did not think that an investigation found that she had done that; however, the document at page 217 indicates that she made recommendations about medication.

25. The claimant also discovered that Samantha Robinson was described on correspondence as a nurse. An example of this is at page 217. Samantha Robinson was not a registered nurse. There are various references in documents to Samantha Robinson as a “Neurology Specialist” (p.216), and “Epilepsy Nurse” (pp.224, 226).

26. We consider it more likely than not that Samantha Robinson described herself in this way with the knowledge of at least some managers and clinicians. This appears to be supported by the evidence of Fiona Dixon, who describes the concerns the claimant raised about Samantha Robinson being the “product of the historic structure” and why there was no disciplinary action against Samantha Robinson (para 25).

Stephen Eames was the Chief Executive while I was an employee 

147. On 8 August 2019, the claimant wrote to the Chief Executive of the respondent Trust. She wrote that she was writing to highlight concerns which she believed were in the public interest. She wrote about concerns she raised about Samantha Robinson working outside her scope of practice and about lodging other incidents regarding controlled medication, most of which involved Learning Disability Nurses, who she found to be working outside their scope of practice. 

The claimant received no response to her letter to the Chief Executive.

Conclusion

217. The disclosures were all about matters relating to patient safety. We find they were all matters of concern to the claimant. The first group of disclosures in 2015 (see paragraphs 27, 32 and 44) concern the practice of Samantha Robinson, who the claimant was concerned was acting outside her scope of practice, with possible risks to patients as a result of this. The second group of disclosures, in the period August to December 2018 (see paragraphs 75, 80, 82, 91 and 93), were about the incorrect use of Buccal Midazolam by patients with epilepsy under the care of the Learning Disability Team. 

220. Concerns about patients are concerns about the public. We conclude that the claimant had a reasonable belief, at the time she made the disclosures, that all the disclosures she made, and which are relied on as protected disclosures, were made in the public interest.

221. We conclude that all the disclosures relied upon were protected disclosures.

248.  ( only part of section - 248 cut and pasted ) Martin Daley was the Investigator for my first grievance 

Martin Daley did not look at the incident forms and was told by Jacquie Molyneux that they did not keep these forms. No one sought to correct this misleading information from Jacquie Molyneux. If Martin Daley had read the incident forms, this would have cast doubt on some of the comments made about the claimant, to the effect that she put in incident forms as a form of retaliation. He did not seek any comments from the claimant after interviewing other witnesses. We conclude that it was detrimental treatment, putting the claimant at a disadvantage, to receive a grievance outcome which was based on a flawed process. In these circumstances, we conclude that the respondent has not proved that the detrimental treatment of the first grievance outcome was not in any material sense on the grounds of the claimant having made protected disclosures. Subject to the time limit issue, to which we will return, we would conclude that this complaint is well founded.

249. The next part of this allegation is about 17 December 2019, when the claimant was informed that her appeal was unsuccessful. The appeal was not a rehearing. We conclude that it was, therefore, tainted by the original flaws in the grievance investigation. We conclude that the claimant was subjected to a detriment by receiving a grievance appeal outcome relying on a flawed grievance process. We also conclude that the respondent has not proved that this outcome was not in any material sense on the grounds of making protected disclosures. This complaint is in time and we conclude, for the reasons given, that it is well founded.

                                                    End of  Summary  

Hi Everyone !

My crowd funding target has now been reached. 

Thank you to everyone who has donated both small and large to justice 4 jane.  

The monies donated has enabled me to go to my prelim hearing in August 2020, and allowed my legal team to prepare my case for the employment tribunal.             

I would like to thank everyone who took the time to write their own comments. In  particular Claire for her very open and sincere words which I was very touched by and to everyone else who pledged and for their words of support:  Dean, Sajani, Judith, Karen and Del, Lynn, Neil, Suzanne, Carol, Sarah, Sian, Autumn, Dale, Kevan John, Elaine, Eric Michael,  the list is endless .       

I am asking crowd justice not to accept any further donations until further instructions. 

Regards Jane Archibald            

Hi Everyone 

NHS Whisteblowers play a vital role in keeping patients safe.

However my case is now one of many which demonstrates the injustice whisteblowers face when they speak out about patient safety concerns in the NHS.       

Hence the reason why new legislation is urgently needed. ( click below to open petition). 

Petition · Replace weak UK whistleblowing law, and protect whistleblowers  and the public · Change.org

I urge the public to support this new bill. 

The NHS needs to retrain experienced nurses and doctors. Not loose staff.

Thank you to everyone who has donated to my justice 4 jane case. 

If you wish to donate I would like to thank you in advance.

All monies go directly to my legal team who are doing a great job.       

Thanks Jane Archibald 

Hi everyone ! If this is your first visit to my page, then welcome.         

This update covers:

• Ongoing support from family and friends
•  Support for the new whistleblowing bill 
•  Video to demonstrate real life case examples of whistle-blowers                       

During 2020 money from crowd justice has gone directly to my legal team who have done an excellent job,  preparing my legal case for tribunal. 

 Great family support 💖 

What I do have is fantastic support from all my family who are 100% behind me. 

Work Colleagues Friends and members of the public during 2020, Thank you for your pledges and ongoing support both from the UK,  WA Australia, NSW Australia, and Europe. The sharing of my crowd justice link on social media is raising the awareness of my case.                

Replace UK Whistleblowing  law and Protect whistle-blowers and the public 

In my last video I discussed how current legislation is not protecting health care workers who blow the whistle in the workplace and briefly mentioned the bill. ( see below)   

Petition Replace UK whistleblowing law, and protect whistle blowers and the public - Petitions (parliament.uk)    

The New Bill would require disclosures to be acted upon and whistle-blowers protected with civil penalties for organisations and individuals failing to do so. I fully support the new legislation.    

The treatment of NHS and Public Whistle-blowers in 2021  

https://youtu.be/H8jjf_9ypnI 

Staff in the NHS and Public organisations who have spoken out about serious concerns, it would appear there is a pattern/agenda  as to how the employee is then treated. That is why we need new legislation.       

1. Discredit the employee ( this has happened to me) ✔
2. Get the employee out of employment (this has happened to me)✔
3. STOP  the employee from speaking out in Court.(👍 with your help I can speak out in court )           

What happens to whistle-blowers in Britain - YouTube https://youtu.be/H8jjf_9ypnI 

I have enclosed a video which encapsulates the injustice faced by whistle-blowers. Examples are given how employees are discredited and removed from the workplace. This  video really is watching from start to finish👍👍👍  

 https://youtu.be/H8jjf_9ypnI 

Information on making a donation.

Can I make an anonymous donation?  Yes  

On the pledge confirmation page you can make a donation page tick  NO if you do not want your name to be displayed with your pledge.

Other ways to help my case.

Share the link on any social media platform.  

https://www.crowdjustice.com/case/j-4-j/

If you decide to donate I would like to thank you in advance.

Stay safe

Jane Archibald         

Hi everyone !

I have enclosed a video which explains why I am taking the NHS to tribunal and why I need help with raising funds for my legal team.  

I discuss  current legislation is not protecting whistle-blowers in the NHS. 

I discuss the new whistleblowing bill and if you wish to support or would like more information the link is enclosed below.      

 https://petition.parliament.uk/petitions/333979

To help me raise money for my legal team, share my link with friends on social media. 

If you wish to donate  this can be done on my crowd justice page.  Thank you in advance.

Regards Jane Archibald 

A big thank you to everyone for their continued support, contributions and recent offers to share my crowd justice link on social media.

This post is intended to give members of the public an overview of what is currently in place to protect nurses who speak out and raise concerns in relation to whistleblowing.

What is in place to protect nurses when they speak out.  

The Francis Inquiry published on 6 February 2013  Examined the causes of the failings in care at Mid Staffordshire NHS Foundation Trust between 2005 and 2009.

• In total 290 recommendations were made. 
• 3 points were recommended ref whistleblowing in the NHS. 

1. NHS workers can raise concerns in the public interest with confidence that they will not suffer detriment as a result.

2. Appropriate action will be taken when concerns are raised by NHS workers.

3. Where NHS whistle-blowers are mistreated, those mistreating them will be held to account.

https://www.gov.uk/government/groups/whistleblowing-in-the-nhs-independent-review

Following the Francis report:  NHS England published the freedom to speak up raising concerns (whistleblowing policy) in 2016 

https://improvement.nhs.uk/documents/27/whistleblowing_policy_final.pdf

What is happening in Parliament re: legislation for Whistleblowers           

I am excited to hear the news that MP Dr Philippa Whitford’s second reading, Public Interest Disclosure (Protection) Bill 2019-21 took place in the House of Commons on Friday 25^th September. It received cross-party support with Dr Whitford MP saying, “This is not a party political issue; whistleblowing exists in every sector, in every nation. We should recognise the need to deal with it and try to fix it.”

https://protect-advice.org.uk/summary-of-dr-phillipa-whitfords-whistleblowing-bill-reading/ 

Hi everyone please accept my apologies my new crowd funding target is 8,000.00 and not 7,000.00 as originally posted in error (16/11/20)

From Jane Archibald         

A big thank you to everyone who has donated, during very difficult times due to covid and current restrictions.         

My legal team are preparing my legal case for my employment tribunal. The trial date and venue has not been arranged but when a date has been confirmed I will post a new update.  

I now need to increase my crowd funding target up to 7000.00 to pay for legal fees. This is where I need help.   

If you would like help my case you can share my link on social media. All donations go directly to my legal team. If the target of 7,0000 is not reached donations will be refunded. 

Thank you in advance  for sharing or if you wish to donate.    

Jane Archibald  

I was very pleased with the outcome of the pre hearing on the 24th August 2020. 

Next step is to await a date for the main tribunal. 

Thank you to all my family and friends for their continued support and donations from members of the public.   

I need to increase my fund raising target to 6,000 pounds. Funds will go directly to my legal team.    

The prelimary hearing is the first opportunity for me put my case into the public domain.  I have spoken to my local MP and requested a public enquiry into the concerns I have raised.    

At the prelimary hearing the failings of the NHS staff will be highlighted which include:  staff who were not supervised with medications with vulnerable patients.                

Successful outcome in the country court  against - (NHS) North Cumbria Integrated Care.

Next step preliminary hearing ( August ) then the employment tribunal. Thank you for the many pledges from family friends and members of the public. 

. 

The preliminary hearing for the employment tribunal date has been set for the 24th of August 2020.  

Thank you to all my family friends for their continued support, and to my wonderful friends in Australia. Thank you to members of the public for their generous pledges during what is a very difficult time.                     

I just want to say how touched I am by the very many pledges from members of the public. This is a very challenging time for everyone around the world. Stay safe. 

Will keep you all updated. 

Hi Everyone

I just want to say thank you to all my family friends and members of the public for their donations and kind words of support. 

From Jane Archibald