NEWS Manager Practice


THE “casting couch” may be a Hollywood cliché but it’s clear that sexual harassment is a serious issue in many workplaces – healthcare being no exception. Two in five women in the UK say they have experienced unwanted sexual behaviour at work but only a quarter reported it, according to a recent BBC survey. And the issue does not only impact women; 18 per cent of men stated that they too have been harassed at work. In this issue (page 12)


employment law adviser Janice Sibbald looks at some recent tribunal cases and offers advice on dealing with inappropriate behaviour at work and the importance of ensuring that employees are aware of how they can raise concerns and feel supported doing so. Our usual Call log is on


page 4 and on page 6, risk adviser Alan Frame asks: are your


COVER: NEWSLINE MEDIA


paper-light document-capture processes adequate to avoid risk? On page 7, we address the temptation to use Google or other popular social media platforms to assess potential employment candidates. Solicitor Daniel Kirk of Capsticks LLP (page 8) considers the value of practices having an up-to-date partnership deed in light of a recent Court of Appeal case. Uncertainty over partnership terms can lead to additional cost and risk in a dispute or a partner leaving. On page 10 Jim Killgore visits


an Aberdeen medical practice trialling an innovative online triage system offering patients an alternative to traditional face-to- face GP consultations and access to practice services. “We feel it’s the way to go… the way of the future,” says PM Fiona Paterson. Do you demand rigid


adherence among staff to practice policies? On page 13 Alan Frame considers how being too rigid can add risk. Sometimes a more flexible approach is required – and this is especially true in enforcing a “late policy” for practice appointments. Our case study on page 14


concerns a delayed insurance medical report with dire potential consequences and Diary (page 15) offers the usual items of questionable relevance.


 Scott Obrzud Editor


ADVICE LINE THERE TO BE USED


EDITORS: Scott Obrzud Helen Ormiston


MANAGING EDITOR: Jim Killgore


ASSOCIATE EDITOR: Joanne Curran


DESIGN: Connect Communications www.connectmedia.cc


PRINT: 21 Colour www.21colour.co.uk


CORRESPONDENCE: PM Editor MDDUS Mackintosh House 120 Blythswood Street Glasgow G2 4EA


t: 0333 043 4444 e: PM@mddus.com w: www.mddus.com


MDDUS is keen to dispel the myth that contacting our advice line impacts on the subscription rates members pay. Members are encouraged to seek advice from our medico-legal and dento-legal advisers at the earliest opportunity – and are not penalised for doing so.


MDDUS chief executive Chris Kenny has


commented: “We can give a categorical assurance that the underwriting and pricing decisions of MDDUS are not affected by the number of times members contact the organisation for advice. “Indeed, MDDUS positively encourages members to make use of the advice line that is available to them as a benefit of membership. We believe seeking our advice will assist the member in adopting safer clinical practice and we would never penalise them for contacting us.”


Practice Manager is published by The Medical and Dental Defence Union of Scotland, Registered in Scotland No 5093 at Mackintosh House, 120 Blythswood Street, Glasgow G2 4EA. The MDDUS is not an insurance company. All the benefits of membership of MDDUS are discretionary as set out in the Articles of Association. The opinions, beliefs and viewpoints expressed by the various authors in Practice Manager are those of the authors alone and do not necessarily reflect the opinions or policies of the Medical and Dental Defence Union of Scotland.


GMC RESOURCE ON


TRANS HEALTHCARE ONLINE guidance on providing healthcare to trans and non-binary people is now available on the GMC website. Advice and information is offered on general trans health, ensuring


confidentiality and equality, prescribing and mental health issues. There is also a video with tips on putting the guidance into practice and respecting the rights of trans patients. Access at tinyurl.com/yd75ppm2.


FIT FOR WORK


SCHEME SCRAPPED PRACTICES are reminded that the government’s flagship fit for work scheme is to be scrapped due to low referral rates. The Department for Work and


Pensions (DWP) scheme was abolished at the end of March in England and Wales and will go at the end of May in Scotland. The helpline will remain for employers, employees and GPs to seek general guidance on health and work. At MDDUS, we regularly handle calls from practices on how to deal with long-term absence and it was hoped that this scheme would provide more transparency and guidance for both employers and employees. The initiative was introduced in September 2015 to help


get employees back to work by providing free expert and impartial advice, including occupational health assessments and general health advice to employers and employees. However, a survey in September 2017 by GPonline found that two-thirds of GPs had not referred anyone in the last year and 60 per cent of those questioned were unsure how effective the initiative was at reducing long-term sickness levels. The employer’s ability to claim


back statutory sick pay (SSP) was changed with the introduction of the scheme to aid funding, and the government has announced a consultation over any further changes now that the scheme is being abolished.


SPRING 2018  ISSUE 18


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