Misconduct Instances 2020-24

Reference: 24-25475

Date response sent: 20/02/2025

Details of enquiry

1. How many formal investigations have there been in the trust regarding staff gross misconduct in the last 5 years? Break down year by year
2. how many investigations in the last 5 years have been undertaken by external private investigation companies, breakdown year by year, and what has been the cost of this per year and overall to the trust
3. how much would it cost to employ a team made up of one band 8cs and 3 band 8as

Response sent

1. How many formal investigations have there been in the trust regarding staff gross misconduct in the last 5 years? Break down year by year

• The Trust holds this data for the last 4 years and has provided this below.
• Prior to 2021, disciplinary cases (which includes but does not exclusively relate to gross misconduct) were recorded as notes under disciplinary action, which is not electronically searchable, so we were unable to extract a corporate tally for 2020 misconduct data.

In the table below, we have masked low numbers as the symbol ‘≤ 5’, which indicates where numbers are equal to 5 or less than 5. It is the NHS England Digital standard not to provide data where the numbers are 5 or smaller than 5 as this may lead to identification of individuals. This is in accordance with Section 40(2) and Section 40(3a) and Section 41(1) of the Freedom of Information Act 2000 – information which constitutes personal data.

Disclosure of this type of personal data or easily identifiable personal data would thus be unfair, breaching GDPR Principle (a): Lawfulness, fairness and transparency. As this is an absolute exemption, we do not have to apply the Public Interest Test when applying this exemption.

Explanatory Notes for the masking of low numbers as the symbol ‘≤ 5’,

As we are a small Trust (circa 700 staff) there is a high chance of recognition/identification of particular individuals by colleagues or others, by the low numbers, by the year, and/or other information that is already available, or may become available, to any member of staff or the public, which could be combined with the data requested so as to enable identification of the individual(s) concerned. We are, therefore, withholding this information under S.40(2) Personal Information

• This is not a just a question of considering the means reasonably likely to be used staff or the general public, but also the means likely to be used by a determined person with a particular reason to want to identify individuals from data in the public domain and/or gained from other sources.

2. how many investigations in the last 5 years have been undertaken by external private investigation companies, breakdown year by year, and what has been the cost of this per year and overall to the trust

Please see the data table provided for Q1 above.

3. how much would it cost to employ a team made up of one band 8cs and 3 band 8as

We cannot determine an exact answer to this question, as there would be many variables to take into consideration for the four potential incumbents, which is explained as follows:

a. We can only provide you with links to where the relevant and variable data, as building blocks, can be found.

• • Pay scales for 2024/25 | NHS Employers
  • Rates and allowances: National Insurance contributions – GOV.UK
  • HMRC rates and allowances – GOV.UK

b. Basic starting salaries can vary by experience and tenure, so we cannot assume that all appointees, whether internally or externally sourced would be appointed at the lowest  point of the band.

• • for example it could be an existing NHS employee, already working in our Trust or transferring in from elsewhere in the NHS, and/or staff taking a sideways move, a promotion, or a step down
  • external candidate starting salaries would be determined by their relevant skills, experience and qualifications

c. If externally appointed and sourced through either NHS Jobs or through speculative enquiry then nil recruitment fees would apply, otherwise we would incur recruitment fees which would vary by source.

d. We would always calculate add-on employment costs at between 26% to 30%, dependent upon the salary offered, though for the bands in question, this would probably be 26%.

e. Employers contributions to National Insurance would vary, according to salary

f. Employer contributions to pension fund would vary according to employee choice and circumstance

g. If the employee/s were based at our Head Office site – the Tavistock Centre then their salaries would be inclusive of inclusive of Higher Cost Area Supplements (HCAS) rates.