NHS Tayside failed to properly investigate an allegation pay records were being altered to deliberately underpay junior doctors, The Courier can reveal.
The independent whistleblowing watchdog rebuked the health board for its handling of the case, demanding a proper investigation is carried out and an apology issued for failing to protect the whistleblower’s identity.
An investigation by The Courier can reveal NHS Tayside:
- Claimed to have found no evidence for the complaint despite an internal report admitting it was never properly investigated
- Never questioned a key staff member with “the most detailed knowledge” of the pay system
- Brushed off concerns about a senior human resource boss sharing “anti-doctor” memes on social media.
Dundee-based MSP Michael Marra called the findings “extremely serious”.
NHS Tayside told The Courier it accepted the findings of the watchdog and had apologised as requested.
No formal finding was made by the watchdog on the substance of the wage-theft claim.
A doctor employed by NHS Tayside, who The Courier is identifying only as Dr A, raised concerns four years ago about how part-time junior staff were being treated.
The issue centred on how their compliance with rotas was monitored – and allegations pay records were being altered in a way that prevented them from claiming overtime they would otherwise be entitled to.
HR staff accused of deliberately underpaying doctors
HR staff were accused of “systematic action” to under report the hours doctors were working and underpay them.
When challenged, the department allegedly “stonewalled” medics and “bullied” those who raised concerns.
But the claims were dismissed as “hearsay” and not probed further.
The health board’s head of medical staffing – the HR representative for doctor’s rotas and central to Dr A’s complaint – also shared images to her social media described as “anti-doctor”, showing a busy intensive care unit and pitting doctors against nurses.
It is claimed the situation became so toxic Dr A, the whistleblower, left NHS Tayside after losing confidence in the organisation.
In July 2022 NHS Tayside dismissed the claim of deliberate underpayment, with the health board’s then director of workforce George Doherty deciding no evidence had been found to substantiate the allegation.
But an internal report commissioned by Mr Doherty, which The Courier has had sight of, reveals little effort was made to investigate potentially falsified records.
And the health board’s investigators, former consultant psychiatrist Dr Stuart Doig and an external appointee, failed to audit the computer programme at the heart of the allegation — the “doctor’s rostering system” (DRS).
‘Limitation’ in investigation
The internal report, submitted to NHS Tayside’s board, said: “[The whistleblower] raises serious allegations of wrongdoing by staff working in NHS Tayside’s medical staffing department.
“However, there has been a limitation in the investigation of these allegations by not being able to interview the individual who appears to have the most detailed knowledge of DRS and was most closely involved in rota monitoring and compliance in recent years.
“This investigation has not audited the data entries on DRS.
“As a result, it is not possible to investigate fully allegation about the deliberate altering of DRS entries to underpay doctors.”
Despite this admission, Mr Doherty said in his formal response to Dr A that no evidence had been uncovered.
He wrote: “The investigating officers found no evidence to substantiate this allegation, it was not repeated by other doctors who were interviewed, except through hearsay.”
If the allegation was substantiated, the health board would likely be in breach of employment law which protects workers from unlawful salary deductions.
In a scathing report into NHS Tayside’s handling of the complaint, the Independent National Whisteblowing Officer (INWO) said: “Once we obtained the board’s investigation file, it became clear that the extent to which the board investigated a key aspect of C’s concern was limited.
“We requested that the board take further action to investigate the matter.”
Labour politician Mr Marra says NHS Tayside has “serious questions to answer”.
He told The Courier: “Patients, staff and the public must have confidence that complaints will be taken seriously, investigated thoroughly and that confidentiality will be respected.
“That did not happen in this case and NHS Tayside has serious questions to answer about its conduct.
“Whistleblowers play a key role in holding power to account, and when they come forward, it is imperative that they are afforded the rights and protections that they are due in a democratic society.”
NHS Tayside ‘accepts decision report’
An NHS Tayside spokeswoman said: “Today’s decision report states that aspects of the whistleblower’s concern received limited investigation and therefore the INWO requested NHS Tayside carry out an internal audit. This is complete.
“The board accepts today’s decision report and has completed the INWO’s recommendations, including an apology to the whistleblower.”
She said the health board continued to review its procedures for handling concerns.
Asked about why the discrepancies between the original response and the internal report, she added: “We cannot provide comment on matters relating to individual members of staff nor the details of whistleblowing investigations.”
In 2023, the Independent National Whistleblowing Officer (INWO) ruled NHS Tayside failed to comply with government work from home guidance during the Covid pandemic.
Four years earlier, a “whistleblowing champion” took legal action against the health board over claims he was forced out after reporting allegations of bullying.
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