Nurse registration - Employer insisting on details of outside employment

[paulfoel]

Wife is a registered nurse. As such, she maintains a registration with the NMC. To maintain this, you have to work a minimum number of hours over the previous 3 years in nursing.

My wife works part-time, and also runs her own business (Aethetics so it counts as nursing work). Unfortunately, due to illness, shes been off work for some time.

Normally, her regular employment more than provides enough hours to meet the minimum requirements. This time it falls slightly short. Luckily, the extra hours from her own business cover this.

She spoke to the NMC and they agreed that this was acceptable and her registration was recently renewed. All they ask for is self certification anyway.

Anyway, wife is now being redeployed to another department and hopes to start work again in the next month. Previous manager has raised the NMC issue because they've noticed the shortage of hours. Wife has explained this and told them she spoke to the NMC.

Employer is not having this and is insisting on a break down of hours from self employment. They've now threatened that they will stop her having patient contact until she provides the information.

Surely its nothing to do with them? Yes they have a right to tell the NMC the hours that my wife has worked but anything else is none of their business. The registration is between the nurse and the NMC.

Having checked contract it just says nurse needs to be responsible for their own registration and be able to prove she is currently registered. She has done this. There is nothing to say details are required. NMC are happy.

Thing is this manager is a bully and likes to think she can do what she wants. She seems to think just because you're employed you do what she says. Get the impression that shes a bit put out that wife has got a redeployment because it seems she wanted to get her terminated.

What can we do? Surely employer cant do this?
Union have been completely useless so far.

[wales01man]

Re: Nurse registration - Employer insisting on details of outside employment

Whats the problem are the details of hours worked a secret? if this Manager is being difficult this could make matters worse

[paulfoel]

Re: Nurse registration - Employer insisting on details of outside employment

Not a secret no. Even though employer has been very vague about what they want - it seems they want lists of patient names, dates, times etc. This is confidential information about a private business.

I can see your point but just because an employer is being a bully does not mean you should do what they want. Thats why there are laws in this country.

[wales01man]

Re: Nurse registration - Employer insisting on details of outside employment

You only mentioned Hours worked in your post that request sounds reasonable any other info must be Confidential and they should know that,

There are others on here who will offer some good advice but from here I have to wonder if there is something else about this Manager being so difficult

[paulfoel]

Re: Nurse registration - Employer insisting on details of outside employment

You only mentioned Hours worked in your post that request sounds reasonable any other info must be Confidential and they should know that,

There are others on here who will offer some good advice but from here I have to wonder if there is something else about this Manager being so difficult

Yes forgot to add that. They've been very vague but have said you must supply every single detail if we ask you.

Manager is being difficult because she taken it all personally. Shes of the opinion that if you're ill for a certain period of time you should quit your job. She is of the opinion that she should do this and not move to another department.

Long history with many other people with this manager. Lots of complaints etc. Blatant disregard of employment laws - she gets away with it by bullying people who dont kick up a fuss.

[teaboy2]

Re: Nurse registration - Employer insisting on details of outside employment

The manager is talking ********, providing confidential information about your wife's patients, appointment dates and times, would amount to a breach of the data protection act 1998, not only that such information is protected under Corporate Confidentiality, as the patients are her customers and disclosing them to 3rd party's would put the her business at economic risk.

Her managers request is therefore unlawful as he is demanding she breaches the law (data protection act) to satisfy his requests.

I would write a formal response to his demands along those lines, and put him on notice that if he continues down this route it will be deemed a breach of the protection from harassment act 1997 and that you will issue a formal grievance against him, and any disciplinary action taken as a result of your wife's lawful and perfectly legal refusal to disclose such data protected under the data protection act from such disclosures, will be seen as unfair and your wife will consider taking tribunal action!

[paulfoel]

Re: Nurse registration - Employer insisting on details of outside employment

The manager is talking ********, providing confidential information about your wife's patients, appointment dates and times, would amount to a breach of the data protection act 1998, not only that such information is protected under Corporate Confidentiality, as the patients are her customers and disclosing them to 3rd party's would put the her business at economic risk.

Her managers request is therefore unlawful as he is demanding she breaches the law (data protection act) to satisfy his requests.

I would write a formal response to his demands along those lines, and put him on notice that if he continues down this route it will be deemed a breach of the protection from harassment act 1997 and that you will issue a formal grievance against him, and any disciplinary action taken as a result of your wife's lawful and perfectly legal refusal to disclose such data protected under the data protection act from such disclosures, will be seen as unfair and your wife will consider taking tribunal action!

Thanks Teaboy. Part of the problem is that there has been no specific black and white requests at the moment. It changes all the time.

Its more like, you shall do what I say, and answer any questions I say. Bit like a small child to be honest. Most of it verbal which is a common trick of the manager. Anything that comes back as inappropriate is written off usually as didnt mean that.....

Following a meeting yesterday which got a bit out of hand, we've now asked for confirmation in writing of the following:-

1) Where in the employment contract does it say she is obliged to provide this detailed information? (IT doesn't - it just says she needs to prove a valid registration which she has done)

2) Clarification of exactly what information is requested.

3) Confirmation of the verbal position, from yesterday, where she was told that unless information is provided she will be prevented from working.

[teaboy2]

Re: Nurse registration - Employer insisting on details of outside employment

In that case, since you've asked for confirmation.

Instead of sending the letter i suggested to the manager in question. Send it to HR as a formal grievances against the manager for bullying and harassment in the work place, and pressuring your wife in to committing a criminal offense, by breaching the data protection act 1998, which could result in your wife having a criminal conviction and a fine of up to £500,000 from the information commissioners office! Not to mention having to face the Nursing council and face being struck off!