Bullying

Vicky Gray made this Rhyddid Gwybodaeth request to Liverpool Primary Care Trust (PCT)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Liverpool Primary Care Trust (PCT).

Dear Sir or Madam

This is a request for information under the Freedom of Information Act 2000. I would like to know how many employees of the Trust have been absent from work due to either stress, anxiety, depression any combination of those ailments between 1st August 2004 and 31st July 2008.

Please also confirm how many complaints of bullying have been made by employees of the Trust against managers or colleagues during the same period.

Please confirm how many employees have claimed constructive
dismissal within the same period.

Please confirm how many claims have been filed against the Trust at the Employment Tribunal within the same period.

Please confirm how many people actually work for the Trust. This will include agency /bank/ and contract staff.

Please provide all information in electronic format via this
website. I would ask that you remember the statutory duty imposed upon Trusts by virtue of Section 16 of the Freedom of Information Act to provide advice and assistance to requesters. If for any reason you are leaning toward rejecting any part of this request or if you plan to argue that it is unmanageable or unanswerable in any way then I would expect you to contact me promptly to find ways to
answer this request to our mutual satisfaction.

Please do remember you are obliged by law to tell the truth.

Yours faithfully

Vicky Gray

Threlfall Rebecca,

1 Atodiad

Information Governance Department

Wilkinson Place

2 Enterprise Way

Wavertree Technology Park

Liverpool

L13 1FB

E-mail: [1][email address]

Our reference: PCT-0209-012

[FOI #8100 email]

RE: Freedom Of Information Act 2000 Request

Dear Ms Gray

Thank you for your request for information about. Your request was
received on 13/02/2009 which will be dealt with under the terms of the
Freedom of Information Act 2000.

In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.

As per the terms of the Freedom of Information Act we expect to have
responded to you no later than 13/03/2009.

If you have any queries, please do not hesitate to contact me at the above
address quoting the reference number above.

Yours Sincerely,

Information Governance

References

Visible links
1. mailto:[email address]

Freedom Of Information, Liverpool Primary Care Trust (PCT)

1 Atodiad

Please find attached the response to your recent request for information.

Regards,
Information Governance Department

Dear Freedom Of Information

I have not wasted my time sending this request for a review. I have made a formal complaint to the ICO. As you have made no effort whatsoever to assist me in my request, which is a breach of section 16 of the FOIA

Yours sincerely

Vicky Gray

Brown Pauline, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray,

Please find attached a response to your e-mail dated 30th March 2009.

Yours sincerely,

Pauline Brown

Information Governance
Wilkinson Place
Wavertree Technology Park
Liverpool
L13 1FB

Tel: 0151 295 3011

Dear Brown Pauline

I am still awaiting a response to my request. The next excuse will be the Christmas holidays. Please respond to this request.

Yours sincerely

Vicky Gray

Brown Pauline, Liverpool Primary Care Trust (PCT)

I am out of the office until 25th November. Please contact Mandy Burns or Pete Conoulty if urgent or I will contact you on my return

Threlfall Rebecca, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray

Please find attached our response to your email dated 22/11/2009.

Yours sincerely

Information Governance
Liverpool PCT

Dear Mr Conoulty

As a professional organisation one would of expected that if a member of public raises concerns you would automatically carry out an investigation. Without having to wait for an outside agency to investigate you.

Please carry out an investigation and then provide the figures I requested a year ago.

Thank you for your full co-operation

Yours sincerely

Vicky Gray

Threlfall Rebecca, Liverpool Primary Care Trust (PCT)

I am on annual leave until the 4th January 2010. For matters relating to FOI please call Peter Conoulty on 0151 295 3012. For Access to Health Records related matters please call Julie Johnson on 295 3014.

Gadawodd Vicky Gray anodiad ()

21st April 2009

Case Reference Number FS50241476

Dear Ms Gray

Information request to Liverpool NHS PCT.

Thank you for your correspondence dated 30/03/09 in which you complain about Liverpool NHS PCT‘s decision not to release the information you requested.

From the details you have provided, it appears that you have not yet asked Liverpool NHS PCT to review the decision to refuse your request. Liverpool NHS PCT has, in accordance with section 17 of the Freedom of Information Act (the Act) confirmed that they are applying an exemption (section 12) available under the Act and also provide detail on how you can invoke their internal review procedure if you disagree with the action they have taken. They have also suggested, in accordance with section 16 of the Act, ways in which your request for information could be modified in such a way that would allow them to provide a substantive response.

Before accepting complaints, the Commissioner generally expects complainants to allow public authorities the opportunity to respond to any arguments which applicants may make as to why the information they request should be released. We would therefore advise you to first ask the public authority to reconsider its refusal of your request. When doing so, it may be helpful if you respond to any specific reasons given by the public authority for refusing your request.

Although this case is now closed, please contact us again if you are dissatisfied with the outcome of the internal review.

If you have, in fact, exhausted the internal review procedure, please provide evidence of this so we can progress your complaint.

If you need to contact us again please quote the reference number from the top of this letter.

Yours sincerely,

Jim Dunn

FoI Case Officer

FoI Case Reception Unit

The Information Commissioner’s Office

Gadawodd Vicky Gray anodiad ()

29 December 2009

Dear Sir

Could you please investigate Liverpool Primary Trust I submitted a complaint on the 30 March 2009 concerning the following request.

http://www.whatdotheyknow.com/request/bu...

Liverpool Primary Trust have not investigated my complaint thus not adhering to the procedures of the Freed of Information Act.

I look forward to your response

Yours sincerely

Vicky Gray

Gadawodd Vicky Gray anodiad ()

----- Original Message -----
From: Vickyxxxxxxxxxxxxxxxxxxxxxx
To: Gideon.Ben-Tovim xxxxxxxxxxxxxxxxx
Sent: Tuesday, January 05, 2010 7:24 PM
Subject: Lack of Response FOIA

Dear Mr Ben-Tovim

On the 13 February 2009 I asked for Information Under the Freedom of Information Act. It is now the 5 January 2010 and I have still not received the information that I have requested.

I am extremely disappointed that a reputable organisation can behave in such an unprofessional manner. As the Chairman of Liverpool Primary Care Trust perhaps you could intervene and ensure that I receive the information I have requested. Here is the link to the request. http://www.whatdotheyknow.com/request/bu...

Thank you for you assistance. I apologise for having to involve you in this matter but as the Chairman of Liverpool Primary Care Trust you are know doubt aware that this reflects badly on the Trust, especially with the various campaigns for a healthy a Liverpool.

Yours Sincerely

Vicky Gray

Dear Threlfall Rebecca

Please provide the information I requested on the 13 February 2009. I have asked the Chairman of the Trust to intervene Mr Gideon Ben Tovim as it is apparent that you are not adhering to procedures of the Freedom of Information Act as you have made no attempt to answer my question, thus not complying with section 16 of the Act. I feel he has a right to know about the blasé attitude of his staff in NOT answering Freedom of Information Requests

Please provide the above information and remember under Section 16 of the Freedom of Information Act you are obliged to assist me with my enquires.

Yours sincerely

Vicky Gray

Threlfall Rebecca, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray

Please find attached our response to your email dated 29/12/09.

Yours sincerely

R Threlfall
Information Governance
Liverpool PCT

Dear Mr Conoulty

Thank you for your response. I look forward to hearing the outcome. I am concerned however at the length of time the Trust is taking over this complaint. I do hope you won't start quoting procedures and various exemption sections as an excuse not to provide the correct information. After all as you so rightly stated section 16 of the Freedom of Information Act states you should provide advice and assistance, yet you have failed to adhere to Section 16 of the FOIA which imposes upon you a duty to provide advice and assistance.

You have done nothing to assist me in seeking to find a way that would help me obtain the information I am requesting. You have carried out no internal review when I complained. As an organisation that promotes health one would of thought you would of investigated straight away, instead of waiting for me to contact the Chairman of the Trust and also the Information Commissioner.

Please provide the correct information I requested on 13 February 2009. NO EXCUSES JUST THE CORRECT INFORMATION.

Thank you for your assistance

Yours sincerely

Vicky Gray

Thompson Anne, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray

Please find enclosed the outcome of the review of the decision regarding
your request made on 13/2/2009.

Please do not hesitate to contact me if you require any further
information.

Regards

Anne Thompson

Head of Corporate Governance and Compliance

Liverpool Primary Care Trust

1 Arthouse Square

61 - 69 Seel Street

Liverpool

L1 4AZ

Tel: 0151 296 7718

[mobile number]

Threlfall Rebecca, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray

Please find attached the response following the Internal Review of your
Freedom of Information request.

Yours sincerely

R Threlfall
Information Governance
Liverpool PCT

Dear Threlfall Rebecca

Please start at ‘A’ and go through as many files as possible in the time limit provided for in the Act and supply me with those figures.

I would also clarify when I mentioned constructive dismissal, I was referring to the employee directly, similar point about bullying and harassment complaints, there is no Employment Tribunal claim called "bullying and harassment. This will usually form part of a claim for unfair dismissal or one (or more) of the various discrimination claim and/or under the Protection from Harassment Act.

Could you provide the information in electronic format via this website.

I would point out you have a legal obligation, to provide the correct figures.

Thank you for your full Co-operation

Yours sincerely

Vicky Gray

Threlfall Rebecca, Liverpool Primary Care Trust (PCT)

1 Atodiad

Dear Ms Gray

Please find attached our response to your email dated 8th March 2010.

Yours sincerely

R Threlfall
Information Governance
Liverpool PCT

Dear Threlfall Rebecca

I have noted the comments in your reply of the 11th March and intend pursuing this complaint with the Information Commissioner's Office up to the point of a formal decision notice, which if unfavourable, will then be referred to the Information Tribunal.

Yours sincerely

Vicky Gray

Gadawodd Vicky Gray anodiad ()

----- Original Message -----
From: Vicky
To: Gideon.Ben-tovim xxxxxx
Cc: joe.andersonxxxxxx; Raymond Brown ; BERGER, Luciana ; Nathaniel Mehr ; Pete Price ; Paula.Grey@xxxx; BenSchofieldxxxxxxx;
Rick.Parry xxxxx; alastair.mclellanxxxxx ; mark rowanxxx
Sent: Friday, August 20, 2010 3:10 PM
Subject: Bullying in the PCT Health and Wellbeing or maybe cover up as not providing the figures.

Dear Mr Ben-tovim

I first wrote to you on 5 January 2010. I am disappointed with your apparent lack of response concerning the issues I have previously raised. I would point out the Trust have been extremely pro active in a campaign on stress and well being http://tinyurl.com/2ueu9t8 http://tinyurl.com/2w6vzu3 http://tinyurl.com/32ys3gh.

The PCT are refusing to comply with the Freedom of Information Request http://tinyurl.com/32sbwrv . I have made a formal complaint to the ICO involving Liverpool Primary Care Trust (the “Trust”). This concerns the refusal of the Trust to comply with parts 2 – 4 of the information request dated 13 February 2009, pursuant to section 12 of the Freedom of Information Act 2000.

As the Director of the Trust and someone who has been extremely vocal about the health and well being of the people of Liverpool I am requesting that you intervene and request the Trust to provide the correct figures. If there is a problem with bullying within the Trust perhaps you could start a campaign on educating people on the adverse affects that bullying has in the workplace or even better start a national campaign.

I have included various organisations in these emails as I feel that if they are involved in the Health and Wellbeing Campaign they should be aware of the Trusts reluctance to provide the bullying figures in there own organisation.

Please rectify this problem.

I look forward to your response.

Yours sincerely

Vicky Gray

Gadawodd Vicky Gray anodiad ()

----- Original Message -----
From: Vicky
To: Conoulty Peter
Cc: luciana.berger.MP; Nathaniel Mehr ; Pete Price ; Paula.Grey@ ; BenSchofield@ ; Rick.Parry@ ; alastair.mclellan@ ; mark.rowan@; Gideon.Ben-tovim@
Sent: Tuesday, September 07, 2010 4:54 PM
Subject: Re: RFI/FOIA/2971 ICO Response

Dear Mr Conoulty

Thank you for your email received on the 27 August 2010. You have made no effort whatsoever to assist me in my request, which is a breach of section 16 of the FOIA. I would point out that as a Trust who spend millions of pound promoting the health of the people of Liverpool, I find it rather ironic that the Trust is not prepared to spend additional funds on researching cases of bullying within the trust. It is apparant in my opinion by the correspondence I have received from the Trust that the only interest the Trust has is self promotion and are not at all concerned about the welfare of the staff employed by the Trust.

Is the Trust perhaps yet another Quango Club? Consisting of overpaid management, who have little concern for the actual staff who work for the Trust?

I would also mention that it is Bullying not BULLING as you have continually stated, throughout the correspondence. Perhaps it was a Freudian slip?

The stress campaign in my opinion is a complete charade. I feel you should spend the taxpayers money instead of self promotion, put the money to better use by taking care of the welfare of the staff that actually work for the Trust.

Under YOUR duty to provide advice or assistance (Section 16), YOU should make suggestions as to how YOU could help ME get the
information I want if YOU are claiming it would cost too much.

1) As a Trust you will have to record sickness absence in a format to send form HR to Payroll in order for SSP to be calculated
(even for cases where staff still receive full pay) So there will be some sort or record detailing absence.

2) As a Trust council would expect you would employ a welfare officer, who would be advised of all staff absent due to stress or
those who had said they were being bullied, it would be part of your duty of care under both the Health & Safety At Work Act 1974
and also under most contracts of employment. Details would have to be passed to that person or an appointed person in HR.

3) One would assume that a Trust would have a welfare officer, who would be advised of all staff absent due to stress or those who had said they were being bullied, it would be part of their duty of care under both the Health & Safety At Work Act 1974 and also under
most contracts of employment. So details would have to be passed to that person or an appointed person in HR.

4) Your suggestion that to search through the files over four years is slightly puzzling as one would imagine each file would have a
section dealing with sickness absence. If the files are manual files held in what the Data Protection Act refers to as a "Manual
relevant structured filing system," one would expect it would take at most a minute to extract a file from a cabinet, open it, turn up
the sickness tab and glance at the sheet and scribble a note if the file refers to stress/depression and put it back again. The
"relevant cost limit" from Section 12 is £450 or two and a half days work. By those figures, one would expect you to be able to
review 1000 files in that time. If you ran a query on your database, you could identify all employees who had been off sick in
the period I have requested and then look at these files.

I have received the correspondence from the ICO and I am extremely surprised and disappointed that they found if favour of the Trust.

If as the Trust has continually claimed to care about the people of Liverpool and the staff who work in the Trust then a campaign would be started for zero tolerance on Bullying in the workplace. Alas by the actions and deeds of the Trust it is apparent the only Campaign the Trust are prepared to promote in my opinion are themselves, at the expense of the taxpayers. Bullying is an additional tax and as Trust one would of expected a more positive response.

I will not waste any more of my valuable time and energy corresponding with the Trust as I feel, any requests or suggestions are refuted at all costs.

Your sincerely

Vicky Gray

If you pay £100 Council Tax £20 will be spent to cover the cost of Bullying...Your paying for the Bullies http://tinyurl.com/lps48k http://tinyurl.com/kq3kkh http://tinyurl.com/lj8lqb http://tinyurl.com/kwv64d http://tinyurl.com/ntfq94 http://tinyurl.com/m4hxwv
----- Original Message -----
From: Conoulty Peter
To: vicky.
Sent: Friday, August 27, 2010 6:12 PM
Subject: Re: RFI/FOIA/2971

COMM

Our Ref: RFI/FOIA/2971
Information Governance Department

Your Ref:
Wilkinson Place

Date Sent: 27/08/2010
2 Enterprise Way

Vicky Gray
Wavertree Technology Park

Liverpool

request-8100-727cefc8@whatdotheyknow.com
L13 1FB

Tel: 0151 295 3012

Fax: 0151 285 4643

FoI@liverpoolpct.nhs.uk

Re: Freedom of Information Act 2000 request

Dear Ms Gray,

Thank you for email received on 20/09/10 entitled ‘RE: Bullying in the PCT Health and Wellbeing or maybe cover up as not providing the figures.’

Firstly, in relation to your original request and subsequent correspondence requesting statistical information held about bullying and harassment, it is still with the Information Commissioners Office (ICO) under review.

Your initial request was partially refused based upon the application of s.12 of the Freedom of Information Act (FOIA). It was felt that to collate the information that you requested, which would require the inspection of all personal files, would take in excess of the appropriate limit under the FOIA.

As per your exercised right, your request was internally reviewed and is currently at an appeal stage with the ICO. The appeal review is still ongoing, however I spoke with the ICO on 27/08/10 and it was indicated that a decision notice would be issued in the near future. Should you require further information as to the progress of the appeal please direct your queries towards the ICO.

Please quote the appeal reference number [Ref. FS50241476] when discussing the matter with the ICO. I can confirm the appeals officer is a Mr Alun Johnson, contact details are below:

* ICO, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

: www.ico.gov.uk

( Telephone -

+ xxxxxxxxxxxx

Until such time that the ICO review is complete, I can only reiterate our position that to obtain the information you requested would take over 18 hours to complete and therefore be in excess of the appropriate limit.

Regarding the other matters referenced within your email of 20/08/10, I am glad that you have found our campaigns regarding stress and wellbeing to be successful. I would also like to confirm that we do take such matters, including bulling and harassment, seriously within the organisation.

I also wish to inform you that the Trust has, since October 2008, centrally collated information regarding bullying cases brought to the attention of the organisation. Sadly this information would not satisfy the dates you specified within your original request and so has not been supplied.

The Human Resources department does make use of the statistics gathered since October 2008 to monitor trends and would report any evidence to indicate there is excessive bullying within the relevant organisational committee structures. These would include the Joint Negotiation and Consultative Committee (JNCC), executive meetings and at Board meetings through workforce reporting mechanisms.

This is not to say that claims of bulling do not occur but we have clear processes in place to investigate any claim and take any action as deemed appropriate.

If I can be of any other assistance please do not hesitate to contact me at the above address.

Yours sincerely,

Peter Conoulty

Information Governance Department

Gadawodd Vicky Gray anodiad ()

FAO: LPCT Staff

If anyone is experiencing any form of bullying either in the workplace or elsewhere the following sites are helpful.

Very helpful: http://employees.org.uk/

Legal Advice: http://www.lawcentres.org.uk/

Helpful if going to tribunal http://etclaims.co.uk/

Write to MP: http://tinyurl.com/nvk8ys

This is a free course which people may find helpful
http://www.skillsoft.com/bullying

Advice from Government website
http://www.direct.gov.uk/en/Employment/D...

Mobbing
http://bullyeq.com/mobbing.htm

SOME SUGGESTIONS TO HANDLE BULLYING

(1) Make sure you keep a log of everything;
What has happened and what you have done and where it occurred, include dates, time and people around

(2) Keep all communication professional, factual, non-confrontational and problem resolution oriented. This will help you maintain your professionalism and credibility.

Keep all communication in writing so you have a paper trail in case you or the council needs to take legal action. Steer away from any emotionally charged conversations and do not respond to threats or degrading communication, verbal or e-mail. If the bully approaches you to harass you walk away immediately saying nothing.

Always remember you are in a professional setting and must maintain your creditability at all times. You will look more adult to the senior executives if you walked away and did not engage in the behaviour.
Keep everything on file; arm your self with facts and documents. Get enough hard evidence that backs up your position of concern, but make sure you do not strengthen the Bully’s position.

(3) Report to your supervisor/manager the incidents and request a copy of the council’s anti-harassment policy; you have the legal right to it.
If they will not give it to you then go to Human Resources or to the next level of management. If the Bully is the next level then go to their supervisor, after you have gone to your immediate supervisor/manager and Human Resources. Do not request it from the Bully.

Make sure you keep a log of who you spoke to, when and what you requested, and their actions.
Make a follow up requested by e-mail, stating the time and date of your meeting and the outcome.

(4) DO NOT hold any one-to-one conversations with the Bully in private.

Have someone else present for meetings, or have them where others can over hear if you can, i.e. keep doors open.

Ask MANAGER/CEO to help resolve issue by making a work agreement that the two of you must have a third party present at meetings until the issues are resolved.

(5) If the person you go to does nothing, keep going up the PCT seniority levels until you reach the CEO.

(6) If no one in the PCT will resolve the harassing behaviour, seek legal advice with your notes and communication file in hand.

GOOD LUCK AS YOU WILL NEED IT.

Regards

Vicky Gray

Gadawodd A victim anodiad ()

vicky i think you'll find its still rife at LPCT same people, same protection the only silver lining is that it will soon be abolished as an organisation.

Gadawodd Vicky Gray anodiad ()

Dear Victim

If the Trust breaks up, the BULLIES will no doubt find a nice little niche in another Government Quango.

It is extremely disappointing that an organisation that claims to care for the people of Liverpool
fails in their duty of care in the welfare of their employees.

I think you may find this website of interest. http://tinyurl.com/39k6g38

Please remember you are strong, bullies are weak inadequate people.

Take Care

Vicky