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Non Vaccinated Dismissals

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Dear Lancashire Teaching Hospitals NHS Foundation Trust,

Under the FOI request please provide me with the following I formation.

1. The total number of NHS staff at Royal Preston Hospital who remain unvaccinated against covid 19.

2. The numbers of your NHS staff at Royal Preston Hospital who have had their employment terminated due to being unvaccinated against covid 19.

3. The numbers of unvaccinated NHS staff at Royal Preston Hospital who have received official warnings threatening to terminate their employment should they not have the covid 19 vaccinations.

4. A template copy of the actual warning letter(s) (Personal details redacted)

5. Copies of government correspondence instructing yourselves on the 'legal' steps senior management/human resources should take to persuade the unvaccinated to become vaccinated or loose their jobs.

6. Copies of government correspondence instructing yourselves on the 'legal' steps senior management/human resources should take towards the unvaccinated should they refuse to become vaccinated. IE: Terminating their employment.

7. A copy of any signed contract of employment (personal details redacted) instructing NHS staff that they must agree take part in clinical trials at any future date(s) or face dismissal.

Yours faithfully,

Tyrone Armatage

Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

Dear Tyrone Armitage,

Lancashire Teaching Hospitals NHS Foundation Trust has received your
request for information submitted under the Freedom of Information Act.

The trust will respond in due course, please note that our response may
potentially be delayed beyond 20 working days due to current pressures.

Yours faithfully,

Freedom of Information Officer

Technology Services | Lancashire Teaching Hospitals NHS Foundation Trust |
Royal Preston Hospital | Sharoe Green Lane | Preston | Lancashire | PR2
9HT
Email: [Lancashire Teaching Hospitals NHS Foundation Trust request email] | Website:
www.lancsteachinghospitals.nhs.uk

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Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

3 Attachments

Dear Tyrone Armitage,

Lancashire Teaching Hospitals NHS Foundation Trust has processed your
request for information submitted under the Freedom of Information Act.  I
can confirm that the trust holds some of the information requested, our
response is below.

 

FOI Request 8111

 

1. The total number of NHS staff at Royal Preston Hospital who remain
unvaccinated against covid 19.

Trust response: Information not held; whilst we are aware of the number of
staff vaccinated via trust programmes we are not in a position to confirm
data regarding some staff vaccinated by outside organisations. 

 

2. The numbers of your NHS staff  at Royal Preston Hospital who have had
their employment terminated due to being unvaccinated against covid 19.

Trust response: 0

 

3. The numbers of unvaccinated NHS staff at Royal Preston Hospital who
have received official warnings threatening to terminate their employment
should they not have the covid 19 vaccinations.

Trust response: 0

 

4. A template copy of the actual warning letter(s) (Personal details
redacted)

Trust response: N/A

 

5. Copies of government correspondence instructing yourselves on the
'legal' steps senior management/human resources should take to persuade
the unvaccinated to become vaccinated or loose their jobs.

Trust response: The trust does not hold this information, however the
information at the following link may be of relevance - [1]Vaccination as
a condition of deployment for healthcare workers | NHS Employers

 

6. Copies of government correspondence instructing yourselves on the
'legal' steps senior management/human resources should take towards the
unvaccinated should they refuse to become vaccinated. IE: Terminating
their employment.

Trust response: Information not held; the trust holds no information which
fits this description.

 

7. A copy of any signed contract of employment (personal details redacted)
instructing NHS staff that they must agree take part in clinical trials at
any future date(s) or face dismissal.

Trust response: Information not held; the trust holds no information which
fits this description.

 

 

Regards,

 

 

Freedom of Information Officer

 

Technology Services | Lancashire Teaching Hospitals NHS Foundation Trust |
Royal Preston Hospital | Sharoe Green Lane | Preston | Lancashire | PR2
9HT

Email: [Lancashire Teaching Hospitals NHS Foundation Trust request email] | Website:
[2]www.lancsteachinghospitals.nhs.uk

[3]SDN Infomatics Level2[4]cid:image001.jpg@01D47FE4.94089B10

 

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Dear Freedom of Information (LTHTR),

Thank you for responding in which you stated
..."whilst we are aware of the number of
staff vaccinated via trust programmes we are not in a position to confirm
data regarding some staff vaccinated by outside organisations"

Does this indicate that your organisation can't track and have no way of checking if staff have been vaccinated by "outside organisations?

Dont outside organisations have access to patients nhs records in order to enable them to update their covid vaccine statuses?

Please provide a copy of legislation that can legally force an employee to inform your organisation of their covid vaccination status.

Please provide a copy of legislation that permits NHS staff to access an employees medical records without permission from the employee.

Please provide a copy of legislation that permits the NHS staff to terminate the employment of employees who refuse to divulge their covid vaccine status.

Yours sincerely,

Tyrone Armatage

Dear Freedom of Information (LTHTR),

You now have 2 days in which to respond to my latest request.
Please provide me with the information I requested or I shall pass this file to the ICO.

Yours sincerely,

Tyrone Armatage

Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

1 Attachment

Dear 'Tyrone Armatage',

Lancashire Teaching Hospitals NHS Foundation Trust has processed your request for information submitted under the Freedom of Information Act. I can confirm that the trust does hold the information requested, please see our response below.

FOI Request 8162

1. "whilst we are aware of the number of staff vaccinated via trust programmes we are not in a position to confirm data regarding some staff vaccinated by outside organisations"
Does this indicate that your organisation can't track and have no way of checking if staff have been vaccinated by "outside organisations?
Trust response: Central databases that record vaccination data from the national vaccination programme can be used and integrated with staff records. In line with the VCOD regulations the trust is currently ascertaining the number of staff that have been vaccinated outside of the organisation.

2. Dont outside organisations have access to patients nhs records in order to enable them to update their covid vaccine statuses?
Trust response: Patient medical records are confidential, in line with the UK GDPR & Data Protection Act any individuals wishing to access a medical records would need to make a Subject Access Request providing written consent from the patient before any information could be accessed.

3. Please provide a copy of legislation that can legally force an employee to inform your organisation of their covid vaccination status.
Trust response: The Department of Health and Social Care, on 9 November 2021, laid regulations which amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. The amendment provides that NHS organisations and independent healthcare providers can only employ or otherwise engage a person in respect of a CQC regulated activity, if they have direct face to face contact with patients, if the person provides evidence that they have been vaccinated with a complete course of an authorised vaccine against COVID-19 or, evidence that they satisfy one of the regulations' specific exemptions and conditions. We cannot force our employees to inform us of their COVID vaccination status; however if their role is in scope of the regulations and they do not inform us, we cannot legally employ them in that role from 1st April 2022.

4. Please provide a copy of legislation that permits NHS staff to access an employees medical records without permission from the employee.
Trust response: The Control of Patient Information (COPI) notice issued by the Secretary of State for Health and Social Care under the Health Service (Control of Patient Information) Regulations 2002, provides a legal basis for NHS England to disclose vaccination information to health and care organisations, and NHS organisations are required under the COPI notice to process what would otherwise be confidential patient information for 'COVID-19 purposes'. Further information is available on the legal framework which supports access to the vaccination data: COPI notice - frequently asked questions.

5. Please provide a copy of legislation that permits the NHS staff to terminate the employment of employees who refuse to divulge their covid vaccine status.
Trust response: The relevant legislation is as advised in the response to question 3

Regards,

Freedom of Information Officer

Technology Services | Lancashire Teaching Hospitals NHS Foundation Trust | Royal Preston Hospital | Sharoe Green Lane | Preston | Lancashire | PR2 9HT
Email: [Lancashire Teaching Hospitals NHS Foundation Trust request email] | Website: www.lancsteachinghospitals.nhs.uk

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Dear Freedom of Information (LTHTR),

1. Please provide me with a copy of procedures involved with dismissing an unvaccinated member of staff.
EG. Verbal warning, 2nd verbal warning, written warning, final written warning, dismissal etc.
2. Please provide me with a copy of the template letter which will be issued on termination of employment, outlining the legal reason(s) for dismissal.
3. Please provide me with the deadline date recently issued to your unvaccinated staff at which, if they remain unvaccinated, dismussal procedures will commence.
4. For the staff who agree to be vaccinated, how is it possible and safe for them to receive all 3 vaccinations by 2nd April?
5. Will you take full responsibility for any adverse side effects/deaths caused by the vaccines being addministered so close together?
Yours sincerly

Tyrone Armatage

Freedom of Information (LTHTR), Lancashire Teaching Hospitals NHS Foundation Trust

1 Attachment

Dear 'Tyrone Armatage',

Lancashire Teaching Hospitals NHS Foundation Trust has processed your request for information submitted under the Freedom of Information Act. I can confirm that the trust does hold the information requested, our response is below.

FOI Request 8205

1. Please provide me with a copy of procedures involved with dismissing an unvaccinated member of staff.
EG. Verbal warning, 2nd verbal warning, written warning, final written warning, dismissal etc.
Trust response: N/A due to the regulations being revoked. Most recent advice from NHS England and NHS Improvement, dated 31st January 2022, states that notice is not be issued to employees affected by the VCOD regulations.

2. Please provide me with a copy of the template letter which will be issued on termination of employment, outlining the legal reason(s) for dismissal.
Trust response: N/A due to the regulations being revoked. Most recent advice from NHS England and NHS Improvement, dated 31st January 2022, states that notice is not be issued to employees affected by the VCOD regulations.

3. Please provide me with the deadline date recently issued to your unvaccinated staff at which, if they remain unvaccinated, dismussal procedures will commence.
Trust response: Information not held. Most recent advice from NHS England and NHS Improvement, dated 31st January 2022, states that notice is not be issued to employees affected by the VCOD regulations.

4. For the staff who agree to be vaccinated, how is it possible and safe for them to receive all 3 vaccinations by 2nd April?
Trust response: There was never a requirement to have 3 vaccines by 1st April 2022, the legislation was limited to 2 doses of a recognised Covid vaccination. It was set out in the VCOD regulations that that first vaccine was to have been administered by 3rd February 2022 to ensure there was enough time to have the second vaccine by 1st April 2022, this allowed for the recommended gap of 8 weeks.

5. Will you take full responsibility for any adverse side effects/deaths caused by the vaccines being administered so close together?
Trust response: Information not held See Q4

Regards,

Freedom of Information Officer

Technology Services | Lancashire Teaching Hospitals NHS Foundation Trust | Royal Preston Hospital | Sharoe Green Lane | Preston | Lancashire | PR2 9HT
Email: [Lancashire Teaching Hospitals NHS Foundation Trust request email] | Website: www.lancsteachinghospitals.nhs.uk

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We don't know whether the most recent response to this request contains information or not – if you are Tyrone Armatage (Account suspended) please sign in and let everyone know.