This section provides links to documents and information on the process outlining the key steps in NHS Greater Glasgow and Clyde’s (NHSGGC) recruitment and selection process. It is for all staff who are responsible and involved in the recruitment and selection of staff across NHSGGC. Below are important guidance, tips, and tools to ensure that the recruitment activity is as effective as possible.
Step 1 Submitting a request to advertise
Your vacancy will be advertised on receipt of the following:
Fully completed and approved NHS GGC Vacancy Request Form (VRF). The completion and authorisation guide can be found here: Managers Guidance. The VRF must include the Advert text (including closing date and any specified instructions e.g. date of interviews )
On receipt of your vacancy request, Recruitment will start processing your request. Requests are processed on a first come-first served basis.
Important information
Local Vacancy Approval/Authorisations processes/arrangements may exist in different services e.g. General Manager, Head of Service/Sector/Directorate Directors/Chief Officers/Chiefs of Medicine may wish to approve the post first – find out what is in place for your service/department otherwise this could delay getting the recruitment process started.
The Job Description describes the objective and purpose of the job in a clear manner but also outlines the key tasks and duties of the post. It provides the job applicant information on what the job involves, what they would be doing, and where the job sits in the organisational structure of the department or service.
The Person Specification (not required for medical posts) details what knowledge and skills, personal qualities and additional requirements are required to do the job and to what standard. When compiling the job specification, the hiring manager should specify which aspects of the criteria are essential or desirable. This will help at the shortlisting and interview stage to support which candidates are selected.
The Hiring Manager must ensure that the Job Description is in the correct format, is up to date, reflective of the needs of the service/department, that the criteria for selection are objective, measurable, job related, clearly defined and justifiable. Person Specifications must be drawn up using the template and guidance provided.
The Applicant tracking system that NHS Scotland uses is Jobtrain. Specifically for Agenda for Change (AFC) posts, all selection activities are processed and recorded on this system and is primarily facilitated by completing relevant electronic forms and updating the candidate application status. If you do not have an account yet, please contact Recruitment.
Filter questions or additional assessment questions can be added on the application form to manage the applications volume and assist with the selection process. If you wish to add these on your advert, please send your request together with your advertising paperwork.
Additional information can be accessed regarding Job Evaluation
Step 2 Advertising
Content of the Advert
We should maximise the opportunity to attract and recruit the very best candidates available in the job market.
All adverts should contain a summary of the role being advertised, information about the minimum skills needed for the role, grade specific entry requirements, necessary membership of professional bodies, and information about the department. Additional information is also useful, such as the team structure, the support that they will have, educational opportunities, and what support will they be required to give.
If the information in the advert is correct, applicants will know by reading the advert whether they have the skills and qualifications to apply for the position.
Advertising
All posts are advertised on the NHS Scotland Vacancy site. Our standard advert time is 2 weeks but this can be amended for high response positions or for professional journals with monthly publications.
Step 3 Selection Process – Shortlisting and Interview
Selecting your Candidate
This is the most crucial stage of the recruitment process. As the hiring or line manager for the post, your aim is to ensure that the most appropriate selection methods are used to enable the best candidate for your job to be identified.
We need to ensure our selection processes encourage diversity and comply with best practice and appropriate NHSGGC policies and employment legislation.
Recruitment process key tips
Shortlisting your applications
Shortlisting includes updating the Shortlisting form with the comments and scores, updating the candidate status as per the outcome, as well as updating the Calendar event template for the interview. This are all done on Jobtrain.
Medical & Dental posts: the shortlisting information will be forwarded via email to the interview panel members. When shortlisting it is essential that prospective candidates meet the minimum entry requirements and hold the appropriate specialist registration for the post.
For all posts, candidates must be shortlisted, objectively and consistently, against the essential and desirable criteria outlined in the Job Description/Person Specification/ for the post.
It is the hiring manager’s responsibility to ensure that those involved in the shortlisting and interviewing process are aware of their responsibilities and have the appropriate level of competence to participate in recruitment and selection activity.
NHS Greater Glasgow and Clyde participates in 2 schemes aimed at supporting the employment and career development of disabled people :
Disability Confident is a government scheme that promotes the benefits to businesses of recruiting and retaining people with disabilities. The scheme offers advice and support to employers, enabling them to actively seek, hire and retain disabled people. Organisations’ complete a Disability Confident self-assessment, agree to undertake all of the core actions to be a Disability employer, and offer at least one activity to attract and retain disabled staff.
In February 2017, NHS Greater Glasgow & Clyde (NHSGGC) became accredited as a Disability Confident Employer under the Department of Work and Pensions (DWP) Disability Confident Scheme.
The Disability Confident accreditation means that, as an employer, the Board is proactive in ways to recruit disabled people, and also have mechanisms in place ensuring that people with disabilities and long term health conditions feel supported, engaged and able to fulfil their potential in the workplace.
What is the NHS Scotland Job Interview Guarantee Scheme?
NHS Scotland operates a Job Interview Guarantee (JIG) scheme, which means that if a candidate declares a disability, and meets all the essential criteria outlined within the Person Specification for the post, then they will be guaranteed an interview.
Interviewing your candidates
Evidence shows that effective recruitment decisions are more likely when a range of selection methods are used in addition to interview questions. Evidence about a persons suitability for a post can also be gathered by including for example presentations, ability testing, work based scenarios etc. Guidance on what you can include in the selection process can be obtained by contacting the Recruitment Service.
The Recruitment Service will be responsible for sending out the invitation to interview to shortlisted candidates.
It is good practice to give candidates invited to for interview at least 10 calendar days prior to the interview date.
An Interview Panel should consist of a minimum two (2) people. Some posts may also include external panellists who provide an expert opinion on a particular job function or aspect of a role. Often, external panel members may be drawn from other NHS Scotland health boards or universities. Typically for specialists or senior posts, there maybe 4 to 5 panel members.
It is good practice to agree in advance a range of questions to ascertain if the individual has the knowledge, skills, and competencies outlined within the Job Description/Person Specification. The interview process must structured to ensure that all the necessary information is obtained during the interview.
The hiring manager must ensure that members of the interview panel are competent in recruitment and selection and the panel members are aware of their responsibilities in regards to the Equality Act (2010).
Reasonable Adjustment Guidance and using Structured Interviews to Test for Caring Behaviours in the Recruitment Process
The Reasonable Adjustment Guidance was developed in partnership and with the input of members of the Staff Disability Forum to ensure that the lived experience of staff with disabilities has informed this guide. It was was created so that people managers can provide support and foster a culture of inclusion and equity for all current and potential NHSGGC staff.
Job applicants can ask for reasonable adjustments for any part of the recruitment process. A job applicant might be a person with a disability, may be neurodivergent, or have a health condition which they believe may affect their performance during the recruitment and selection process.
A key theme of NHS Greater Glasgow and Clyde’s Quality Strategy is that Person Centred Care is delivered with compassion, dignity, and respect. In addition to ensuring candidates meet the essential requirements of the post in regards Clinical /Technical competencies, qualifications, training, experience, and skills, you should also ensure that candidates demonstrate evidence of applying the Caring Behaviours expected in our workplace whether in a clinical or non-clinical role. Follow this link to access the guidance Caring Behaviour Structure Interview Guidance
Key tips on interviews
Ensure that you read the relevant guidance documents noted above
Make sure the panel is introduced to the candidate
Let the candidate know what the interview flow will be and that notes will be taken
Use open questions –how, who, what, and remember to probe if the answers are not providing the evidence you need
Remember to check any gaps in employment history
Ensure all candidates are asked the same core questions
Let the candidate know at the end of the interview what will happen next and when they are likely to know the outcome
Remember to keep notes
When choosing your interview venue, to give consideration to accessibility of the location
The interview panel should meet at least 30 minutes before the first interview to go over the schedule for the day, who will meet and greet candidates, allocation of questions, and sequence of tabling questions to the candidates.
At the interview event, the hiring manager or a nominated member of the interview panel is responsible for checking documentation that confirms the candidate’s identity. This ensures that the right candidate is being interviewed against the application which was submitted for the post. Professional Registrations and Qualification Certificates should also be verified at the interview.
The hiring manager must ensure that there is a clear and fair way of selecting the successful candidate that is based on objective criteria directly related to the post being recruited to. All interviewers must keep adequate notes to ensure that a fair comparison can be made between candidates and that reasons are provided to justify a decision of appointment or non-appointment. Notes taken should avoid inappropriate references to the candidate’s appearance, sex, age, disability, religion or race, etc. These notes must be recorded on the NHS Interview assessment template which you can download via your Jobtrain account.
UK Immigration rules
All our vacancies are open to all candidates who meet the relevant criteria and we will not shortlist or make decisions about candidates’ suitability based on their nationality. However, we are obliged to carry out checks and assure ourselves that the candidates appointed are legally entitled to work in the UK before we can confirm an offer of employment.
If you wish to offer a post to candidate who is subject to an immigration control, you will need to ensure that the appointment meets the requirements of the UK Immigration rules.
Please contact a member of the Recruitment Service team if you wish to get further guidance. More information are available on the UK Visas and Immigration website.
Step 4 Conditional Offers of Appointment
Selecting the Preferred Candidate
The interview panel should select the preferred candidate based on the information received during the selection process based solely on the candidate’s suitability for the post when compared with the Job Description/Person Specification.
Interview Panel Members are required to score the candidates across each of the assessment categories covered at the interview using the interview assessment form and include any other assessment activity incorporated into the selection process.
Key point: The interview panel should agree a minimum acceptable score for appointment. Aim to employ the “best” and not settle for “best on the day”.
If more than 1 candidate achieves the same score the panel should:
review the questions to confirm if they have been fully answered
consider whether all the areas on the person specification have been covered
review if all essential and desirable criteria have been considered
take into account any other relevant skill sets or qualities outlined in the person specification/job description
If necessary, the panel should recall the candidates for a second interview or an assessment exercise e.g. scenario or skills test to identify the appointable candidate.
Once the selection decision is complete, a designated panel member normally the hiring manager should call the candidates to advise them of the outcome. This should take place at the earliest opportunity after the interview but no later than 48 hours. Candidates should be offered feedback on their performance.
When verbally making a conditional offer for the post, the hiring manager will outline the main aspects of the offer which will include pay scale, working hours, shift pattern and location etc . The hiring manager must ensure that the Preferred Candidate (successful applicant) is made fully aware of the conditions of the offer, .i.e. it is subject to satisfactory completion of NHSGGC pre-employment checks.
Candidates should be advised not to submit their notice until all pre-employment checks are complete.
It is important that the information confirmed to the candidate is correct and in line with the terms of conditions and NHS GGC policies. Starting salary under Agenda for Change Terms and Conditions (for Medical and Dental posts and some Senior Manager/Director/Executive posts separate pay grades/scales will apply).
If queries arise which require the hiring manager to seek clarification or guidance, then they should contact the Recruitment service or their nominated Human Resources representative.
Reserve Candidates
Where more than one candidate meets the selection criteria, the interview panel may decide to list the second/third choice candidates (providing they have met the minimum appointable threshold) as reserve candidates.
If the first choice candidate declines the offer of employment, the second candidate may be offered the position and so on.
Reserves can be held for no more than 6 months from the date of interview. If there is the requirement to fill the same post during that period, then consideration can be given to the reserve candidate (s) without having to repeat the recruitment process.
No candidates suitable for appointment
If none of the candidates interviewed meet the acceptable level to be appointed, there is no obligation to select a preferred candidate and the post may be re-advertised. Prior to submitting for re-advertisement to the Vacancies team, the Hiring Manager should discuss with the selection panel if the person specification, job description and advert must be reviewed.
Pre-employment checks
For AFC posts, once all the candidates have been contacted, the hiring manager should make the necessary updates on Jobtrain which will include the details of the offer made etc. Recruitment will then commence the pre-employment checks and will send out all the relevant recruitment documentation to the successful candidate to get the offer process started as quickly as possible.
All NHS GGC offers of employment are made on a conditional basis subject to the completion of the pre-employment screening checks.
An Unconditional Offer of Employment will only be issued once all the appropriate Pre-Employment checks have been verified by the Recruitment service and signed off by the hiring or line manager for the post.
Certificate of good standing for those applying from oversees (required where a candidate has worked out with the UK for 12 months within the last 5 years)
Professional Registration and Qualification check
Employment History
Occupational Health clearance
Fitness to Practice
Verification of Driving Licence (only where applicable)
These checks are either required by law or are NHS GGC/NHS Scotland policy. If a candidate is already working in NHS GGC, specific checks are expedited.
Starting a member of staff prior to the checks being approved could potentially put the safety of our patients and staff at risk and will not be permitted in any circumstance.
For further guidance on pre-employment checks, please contact a member of the Recruitment service.
Withdrawing an Offer
If, after careful consideration of pre-employment checks, it is decided to withdraw the conditional offer of employment, the Hiring Manager must consultat with their own Line Manager, an HR representative, and the Recruitment Service. If the withdrawal of the conditional offer is to proceed, the grounds/reasons for withdrawal must be made very clear to the candidate e.g. due to unsatisfactory references or other pre employment checks, by the Hiring manager. Recruitment will issue a communication to the candidate via Jobtrain to conclude the recruitment process.
Please note that we recommend that you discuss at interview your expectation of references with candidates to ensure that you have outlined what you consider a satisfactory and unsatisfactory reference to be.
Step 5 Finalising the Offer of Employment and starting your new staff member
Unconditional (Final) Offer, Contract & Induction
Once all pre-employment checks have been satisfactorily completed, regardless of the tenure of the post, a final offer of employment known as an Unconditional Offer can now be made.
For AFC posts, the hiring manager is responsible for reviewing all the pre-employment checks including the references to confirm if they are satisfactory. They must then contact the candidate to agree a start date and once a date is finalised, the New starter/Offer form on Jobtrain must be updated in order for Recruitment to issue the Unconditional offer letter/Contract of Employment.
Statutory and mandatory training (LearnPro)
New employees must complete the statutory and mandatory training prior to commencement. The Hiring/Line manager (H/LM) has a vital role in supporting compliance by completing this LearnPro Account Creation Form.
The LM will be responsible for facilitating an appropriate induction programme for their new member of staff especially if this requires booking them onto any mandatory training events, etc. A number of administrative elements of starting a new member of staff includes:
NHS GGC email and IT access to appropriate system and training (eHelp)
Ordering any equipment (such as mobile phone, blackberry or laptop) and ensuring necessary office equipment (including PC and landline) is available
Ordering equipment/materials identified by Occupational Health as necessary for the appointee
Uniform if applicable
ID Badges/Security fobs
Keep in touch with the new member off staff prior to their start date and don’t forget to arrange a welcome meeting, including introducing them to key contacts in your service.
NHS Staff Engagement Form and Payroll procedures
The Staff Engagement Form (SEF) is downloadable under eESS on the HR Portal. The Line Manager is responsible for completing the appropriate sections of the form, together with the info and documents provided by the new starter, and submitting it to the eESS Support Team, via the HR portal as well. This facilitates the creation of the employee record which is sent to payroll. It is important that the SEF is completed promptly (ideally on their first working day, but always within seven days) to make sure that the new employee is paid correctly and on time.
For Medical and Dental staff, all new recruits will attend the Recruitment Office to have a SEF completed.
Existing NHSGGC Employees
An important point to note is where an existing NHSGGC Employee is changing post within the Board. They should receive induction, and where appropriate mandatory training as outlined above. It is the responsibility of their existing line manager to complete a Notification of Change form and submit it to NHSGGC Payroll service.
For Medical & Dental posts, a Notification of Change Form will be completed by Recruitment Services.
Employee Record File (Personnel File)
For AFC posts, Recruitment, once all the pre-employment checks are complete and before issuing the Contract of employment, will send you the Employee record file for your new member of staff. The communication will include all the pre-employment checks documentation which must be reviewed to ensure the all checks are satisfactorily completed and the relevant documentation provided. The Hiring manager must either download a copy of the contract on Jobtrain once it has been issued or ask the new employee to bring a copy of their contract so that it can be added on file.
The Employee record File should be kept securely by the new member of staff‘s Line Manager.
If at some stage in the future your new member of staff moves to another job within NHSGGC then their Employee record File should be forwarded to their new line manager.
Induction and Training
You must ensure your new member of staff completes the NHSGGC On Line Induction. You can access the Induction portal by clicking this link Induction Portal – NHSGGC or via the Learning and Education pages on HR Connect.
The NHSGGC Induction Portal has been designed to:
support line managers/ team leaders induct their new members of staff to their new workplace.
bring together all relevant resources including forms, policies and guidance to help your member of staff understand NHSGGC as an organisation
If your new member of staff is a people manager, supervisor or team leader, please discuss with them their people management responsibilities and direct them to complete the Managers and Supervisors Induction Pathway (within Step 6 of the Induction Steps – Professional and Role Specific Induction). Further information is available on the NHSGGC Induction Portal.
Managers should use the portal to help plan the induction process.
It is important that the induction is completed as early as possible and should be no later than 3 months of your new member of staff joining your service /department. This is because as well as being critical to ensure your new member of staff is supported when they start their new job, the induction is part of the Organisational Performance Review and performance is reported on a monthly to our Directors
In addition, it is very important that during the induction process, accurate information is kept and held securely in Employee Record files. You should also complete the online induction form (refer to step 5 in the induction portal guidance) when induction has been completed. This enables the Learning and Education service to update the employee record and report results to Directors.
Manager Support
As an additional support to the resources outlined within the Induction Portal, a tutor led course is offered to managers and supervisors who are responsible for leading induction locally and supporting new colleagues, particularly those colleagues in a HCSW role. Details are noted here Induction Training
Recruitment and Onboarding support
If you have questions or need support on any aspect of the information noted above, please contact
Recruitment (inc Jobtrain, Hiring manager guide and training): via the relevant mailbox or by calling 0141 278 2700 and select option 1
eESS: eESS on the HR Self service portal
IT: eHelp (NHSGGC Favourites folder)
Learning and Education: L&E on the HR Self service portal
Step 6 Reporting instructions and line manager actions
All new employees are instructed to present on their first day, the following documents as part of their initial induction:
P45 or if unable to provide a current P45 OR HMRC Starter Checklist form
Bank details and National insurance number
As the Hiring Manager, it is essential that your retain a copy of the contract of employment, either by downloading a copy from Jobtrain or by asking the new employee to provide a signed copy, which should be retained in their employee file.
Staff continued checks
Right to work in the UK- if a candidate is subject to immigration control, the Line manager must have a note of the important details and dates regarding their visa which would have been shared by Recruitment. Appropriate checks and referral must be taken in a timely manner if any due date is impending. For any changes or updates, please contact the Recruitment team.
Professional Registration –where the new employee requires professional registration with a professional body e.g. General Medical Council, Nursing and Midwifery Council, the Health and Care Professions Council or the Royal Pharmaceutical Society etc then you must once again confirm that your new employee ‘s professional registration is up to date and there are no new conditions of practice since the pre-employment checks were carried out. Note should be taken when it should be renewed for ongoing monitoring.
PVG/Disclosure Check – where PVG Membership or Disclosure Scotland Screening is required for the role you should confirm that your new employee‘s status Disclosure remains unchanged and there are no new convictions, cautions or warnings to declare since the pre employment checks were carried out and the certificate issued.
Recruiting with convictions
Summary
Employers will no longer receive information on some ‘spent’ convictions. A new category of conviction has been introduced –protected conviction. The NHS Scotland Application Form has been amended to accommodate the changes. There is no change in a requirement to perform a PVG or Police Disclosure Check. Hiring managers can continue to discuss conviction details for unspent convictions and spent convictions listed on Schedule A1.
The purpose of this briefing is to provide guidance to NHS Greater Glasgow and Clyde (NHSGGC) hiring managers on reforms to the disclosure of criminal records and how these reforms will affect the disclosure of certain categories of criminal convictions during the recruitment process.
The legislative changes have been made by Disclosure Scotland on behalf of the Scottish Government to the Rehabilitation of Offenders Act 1974, and NHSGGC Hiring Managers are asked to note the following changes with immediate effect:
Spent Convictions
A spent conviction is a criminal conviction that under the Rehabilitation of Offenders Act 1974 can be treated as ‘spent’ – ignored or forgotten – after a certain length of time.
As most posts in the NHS were exempt from the Rehabilitation of Offenders Act 1974 prior to the legislative changes, we were legally entitled to ask applicants to disclose all convictions regardless of whether they were spent or not.
The changes now mean NHS Boards may no longer be entitled to be made aware of any ‘spent’ conviction information, which prior to the new rules would have been provided by job applicants and on a Disclosure certificate.
Following the rehabilitation period of a conviction (outlined in appendix 3) a conviction becomes ‘spent’. Although the conviction has become ‘spent’, the Rehabilitation of Offenders Act dictates that some conviction information should remain on a Disclosure Scotland PVG scheme membership or Police Act Disclosure due to the seriousness nature of the offence.
These ‘serious’ offences are listed in Schedule A1 and Schedule B1:
Schedule A1 is a list of offences which must always be disclosed
Schedule B1 is a list of offences which are to be disclosed subject to rules
Rehabilitated offenders with a ‘spent’ conviction listed on Schedule B1 can apply to a Sheriff to have their spent conviction removed after a period of time:
15 years, if they were 18 or over at the date of conviction
7 years and 6 months, if they were under 18 at the date of conviction
Protected Convictions
A new category of conviction has now been introduced known as a ‘protected conviction’. A person’s conviction is a protected conviction if:
It is a spent conviction; and
It is not a conviction listed in Schedule A1 or B1.
As protected convictions are categorised as a ‘less serious’ conviction, these convictions are no longer required to be shown on Disclosure certificates.
NHS Scotland Application Form
Candidates will be prompted to declare their convictions following the conditional offer of employment via Jobtrain.
This means that under the new rules, the application process for a job will no longer require individuals to disclose ‘spent’ convictions.
The changes also impact on what information is released on a Disclosure certificate relating to either the PVG Scheme membership or a Police Act Disclosure. The certificate issued by Disclosure Scotland will no longer contain all spent convictions (the certificate will not contain protected convictions).
NHS Boards are also no longer entitled to ask candidates at recruitment application stage, about ‘spent’ convictions.
Whilst these changes to the existing arrangements are now in place there is no change to our current requirement to carry out criminal record checks as part of the pre-employment checks for candidates offered a post within NHSGGC.
For posts not requiring a Disclosure Scotland PVG scheme membership – a separate Criminal Conviction Declaration Form has now been introduced and given to preferred candidates for whom a PVG membership or Police Act Disclosure is not required. This will capture any relevant and disclosable criminal convictions in line with the new legislation that would previously have been declared on the application form.
Scottish Ministers want to strike a balance between protection of the public and vulnerable groups and the rights of individuals not to have to disclose routinely certain ‘spent’ convictions. Public protection still remains at the forefront of the system of PVG Records and Police Act Disclosures by ensuring certain very serious spent convictions and other categories of conviction deemed appropriate will always be disclosed.
Frequently asked questions (FAQs)
Can I ask the applicant about their criminal history?
You can ask an applicant about their criminal history, however, legally the applicant has the right to only tell you about any unspent convictions or spent convictions which are not protected.
What if the candidate discloses information about a protected conviction?
It is encouraging that the applicant is being open and honest during the recruitment stage, however you must not make any decision based on the information they have disclosed to you. Making decisions based on a protected conviction will be contravening the Rehabilitation of Offenders Act 1974.
Will NHSGGC still perform a PVG / Disclosure check?
These changes do not affect the requirement to perform a PVG / Disclosure check. The Recruitment Service will continue to carry out this essential pre-employment check prior to any unconditional offer of employment.
Will NHSGGC be receiving less criminal history about their prospective employees?
All orgaisations in Scotland that use the PVG membership scheme or those that request Police Disclosure Act will receive relevant criminal history information, as dictated in the following Acts:
the Rehabilitation of Offenders Act 1974
the Police Act 1997
the Protection of Vulnerable Groups (Scotland ) Act 2007
The primary change that has come into effect is the removal of some ‘spent’ convictions – these convictions are now referred to as ‘protected convictions’ and will not be disclosed to an employer.
Why did the application form need to change?
To minimise the risk of an applicant disclosing spent conviction information, it was agreed by the NHS Scotland HR Directors group (with legal input from NHS Scotland’s Central Legal Office) that the national application form must be amended to accommodate the changes to the Rehabilitation of Offenders Act 1974.
What categories of staff does this affect?
The legislative changes outlined in this document are applicable to all NHS Scotland health boards as well as all public and private sector employers in Scotland. These changes have been implemented with immediate effect and are applicable to all posts, paid and voluntary. This includes: substantive, fixed term, temporary, bank, modern apprenticeships, honorary appointments etc.
The role does not require PVG scheme membership or Police Act Disclosure; will NHSGGC still obtain criminal history information?
As part of their pre-employment checks, preferred candidates that do not require PVG scheme membership or a Police Act Disclosure will be asked to complete a Criminal Conviction Declaration Form. This will capture any relevant and disclosable criminal convictions in line with the new legislation that would previously have been declared on the application form.
Where can I obtain further information or clarification about these changes?
In the first instance, please contact the Recruitment Service on 0141 278 2700 or email NHSGGCrecruitment@nhs.net.
Examples of conviction scenarios
Scenario 1
A person is convicted of fraud and receives a conditional discharge. The offence occurred 3 months ago.
The rehabilitation period for a conditional discharge is 1 year. Therefore this conviction is unspent and will appear on a PVG scheme membership or Police Act Disclosure.
Scenario 2
A person was convicted of rape and received a 4 year prison sentence. The offence occurred 12 years ago.
The rehabilitation period for a sentence of imprisonment (over 6 months) is 10 years. Therefore this conviction is spent. However, as the offence is listed in Schedule B1, it will appear as a spent conviction on a PVG scheme membership or Police Act Disclosure.
Scenario 3
A person was convicted of torture and received a 5 year prison sentence. The offence occurred 33 years ago.
The rehabilitation period for a sentence of imprisonment (over 6 months) is 10 years. Therefore this conviction is spent. However, as the offence is listed in Schedule A1, it will appear as a spent conviction on a PVG scheme membership or Police Act Disclosure.
Scenario 4
A person was convicted of affray and received a fine. The offence occurred 18 years ago.
The rehabilitation period for a fine is 5 years. Therefore this conviction is spent. The applicant has applied to a Sherriff to have their spent conviction removed (as the conviction is listed in Schedule B1) and it was agreed that the conviction is now protected. Therefore the conviction will not appear on a PVG scheme membership or Police Act Disclosure.
Scenario 5
A minor was convicted of theft and received a fine. The offence occurred 4 years ago when the minor was 14 years old.
The rehabilitation period for a fine (for a minor) is 2½ years. Therefore this conviction is spent. The applicant has applied to a Sherriff to have their spent conviction removed (as the conviction is listed in Schedule B1). The Sherriff has denied the request, as a spent conviction (listed on Schedule B1) can and only become protected after 7½ years from when the minor was convicted. Therefore the conviction will appear on a PVG scheme membership or Police Act Disclosure.
Contact Us
Our office hours are 9.00am to 5.00pm Monday to Friday.
You can contact us by email at nhsggc.recruitment@nhs.scot or call 0845 3000 831 (calls costs up to 8pence per minute, plus your phone company’s access charge per minute)
Our Address is:
NHS Greater Glasgow and Clyde Recruitment Service West Glasgow ACH 2nd Floor Dalnair Street Glasgow G3 8SJ
Vacancies
Welcome to our Jobs Page. To redirect you to the most relevant content please select an option from list below
Recruitment Process Guidance for Hiring Managers and Staff
This section provides links to documents and process which will enable managers recruiting staff to attract in a safe and efficient way in accordance with best practice and provide information and guidance to staff applying for positions within NHS Greater Glasgow & Clyde.
These links will open new pages within this website and includes step by step guides, FAQ’s and documents to view and download.
The Research and Innovation Service in NHS Greater Glasgow and Clyde operates to support researchers in the NHS and academia. It has multiple roles including offering consultancy and advice, providing Management Approval and aiding in the achievement of a successful conclusion to research projects.
Our goal is to release the potential to world class clinical studies across the region, and to play our part in enabling Scotland to grow as an internationally competitive location for medical research.
The Research and Innovation management office acts as a catalyst for discovery and innovation within NHSGGC. We have a ‘can-do’ attitude, striving to support both experienced and new researchers in the design and execution of high quality research studies and ensure compliance to all regulatory requirements.
As the busiest Research and Innovation office in Scotland, we received in excess of 560 new research applications in 2023 and have approximately 1000 studies ongoing at any one time.
To ensure consistency of contact, and to help develop an in-depth understanding of therapy area-specific research projects, the NHSGGC Research and Innovation Management office has adopted a ‘portfolio-team’ structure. The portfolio teams form the functional core of Research and Innovation and are comprised of Research Co-ordinators, Research Facilitators, Co-ordinator’s Assistants and clerical support staff.
NHS Greater Glasgow and Clyde’s staff are our most valuable resource. By ensuring we have good recruitment practice that will make a significant contribution to ensuring we promotes a culture of person-centred care, placing the patient at the heart of everything we do.
We are committed to attracting the highest calibre of job applicants through a fair and consistent recruitment process, treating all our candidates fairly to ensure we recruit the best person for each vacancy.
We endeavour to ensure that we do not discriminate during any stage of the recruitment process and in particular comply with the Equality Act 2010 which makes it illegal to discriminate against protected characteristics i.e. age, disability, sex, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sexual orientation.
We also ensure personal information is removed from application forms prior to short listing and Equal Opportunities information is used for monitoring purposes only. We also ensure that objective selection criteria are used, to ensure that appointments are made on merit. No one will be disadvantaged by recruitment and selection methods that cannot be objectively justified as reasonable.
The recruitment and selection of NHS Greater Glasgow and Clyde staff is the responsibility of our managers (Hiring Managers).
Our Recruitment Service aims to ensure NHS Greater Glasgow and Clyde hiring managers are supported to provide an effective, consistent and timely approach in carrying out recruitment and selection processes. By working closely with our Recruitment Team hiring managers can be assured that they are operating within current employment legislation, best practice and most importantly they make safe recruitment decisions .
The Recruitment Service is committed to:
Ensuring Hiring managers have access to a clear and robust framework of processes and procedures which underpin each stage the recruitment and selection of NHS Greater Glasgow and Clyde staff
Ensuring we provide a high quality recruitment administration and guidance service which promotes best practice within employment legislation and meets the needs of all NHS clinical and non clinical staffing groups and grades
Ensuring we appoint the best candidate for each post
Ensuring we make available internally and externally to NHS Greater Glasgow and Clyde the full range of career opportunities to attract and hire the very best candidates from a diverse, wide and skilled pool of job applicants.
By signing the Armed Forces Covenant, NHSGGC has pledged its commitment to being a Forces Friendly Employer. We support applications from across the Armed Forces Community, recognising military skills, experience and qualifications during the recruitment and selection process.
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Working at NHS Greater Glasgow and Clyde
You can view our current vacancies, access candidate information packs and find links to application and recruitment guidance by visiting our NHS Scotland vacancy website.
This is a statutory public inquiry set up under the Inquiries Act 2005 to investigate the construction of the Queen Elizabeth University Hospital Campus, Glasgow (which includes the Royal Hospital for Children) (the “QEUH”), and the Royal Hospital for Children and Young People and Department of Clinical Neurosciences, Edinburgh (the “RHCYP”), following concerns about patient safety and wellbeing, in order to determine whether issues relating to ventilation, water and other key building systems gave rise to those concerns, how they occurred and what steps could be taken to prevent such issues arising in future projects.
2. What is the Inquiry looking into?
The remit sets out that the Inquiry is to report on certain questions and to make recommendations to ensure that any past mistakes are not repeated in future NHS infrastructure projects.
The Terms of Reference of the Inquiry specify its remit and the issues it is examining in more detail.
3. Who is conducting the Scottish Hospitals Inquiry?
Lord Brodie, who is the Chair of the Inquiry, is responsible for the direction and manner of the Inquiry. He acts in an independent capacity. A Public Inquiry is inquisitorial in nature, not adversarial, so the Chair performs more of an examining role than a judge would in court proceedings.
4. What is a Public Inquiry?
A Public Inquiry is a formal, independent review relating to particular events which have caused or have potential to cause public concern, or where there is public concern that particular events may have occurred. The aim of a Public Inquiry is to help to restore public confidence in systems or services by investigating the facts through consideration of documentary and witness evidence, to determine what happened and help prevent recurrence.
5. What is the outcome of a Public Inquiry?
The outcome of a Public Inquiry is the production by the Chair, with input from the Inquiry Team, of a report which details key findings of fact and makes recommendations for the future. The Chair cannot make any findings of civil or criminal liability, nor can he award any compensation.
6. Is the Scottish Hospitals Inquiry directed at my actions?
It is the role of the Inquiry Team to gather evidence from varied sources, including witness evidence from individuals with knowledge of the relevant circumstances. You may be asked to provide a witness statement to assist the Inquiry Team with its investigations (see Q14. below). However, the findings and recommendations detailed in the Chair’s report will be directed towards NHSGGC and not at particular individuals.
7. What is the format of the Scottish Hospitals Inquiry?
The principal sources of evidence will be written statements submitted to the Inquiry by witnesses and documents recovered during the course of investigations by the Inquiry Team, as supplemented by oral evidence where the Chair considers that necessary.
8. When are the Inquiry Hearings being held?
Six formal hearings have been conducted since the commencement of the Inquiry:
The first formal hearing of the Scottish Hospitals Inquiry was held on 22 June 2021 remotely, in line with COVID-19 restrictions. This was a short hearing where Lord Brodie set out arrangements for the hearings commencing in September.
The first diet of oral hearings was conducted over the course of five weeks, between 20 September and 5 November. At this hearing, evidence from patients and their families in respect of QEUH was heard about their perceptions of the impact on patient safety and care of issues arising in relation to ventilation, water and drainage and other matters, and the communication with patients and their families in relation to those issues.
A further diet of hearings took place in May 2022, where the Inquiry focused primarily on ventilation and other matters relating to the project governance and funding model at the RHCYP.
Hearings in respect of the RHCYP were conducted over a two-week period, commencing on 24 April 2023 which considered the procurement exercise for the Edinburgh project.
Thereafter, a further diet of hearings relating to the QEUH commenced on 12 June 2023 for two weeks, the purpose of which was to allow the Chair to hear evidence on the perspective from clinicians, nurses and managers working at the QEUH and the RHC, following on from the evidence of patients and families heard in September 2021.
The third and final hearing in relation to the RHCYP Edinburgh commenced on 26 February 2024 for a period of three weeks, which focused on the reasoning behind the decision not to open the hospital in 2019 and to open in 2021 instead.
A third hearing in relation to the QEUH has been set down for 19 August 2024 for a period of 12 weeks, which will focus on water and ventilation systems and infection.
9. Where are the Inquiry Hearings held?
The Inquiry premises are at: 20 West Register Street, Edinburgh, EH2 2AA. A map of the venue location can be found here: 20 W Register St – Google Maps.
Just off St Andrew Square, the venue is close to Waverley train station, Edinburgh bus station and has good tram links. No car parking is available at the venue.
The venue has been prepared for the hearings with ongoing Covid-19 restrictions and safety measures in place.
10. Are the hearings public?
Public inquiries are open to the public and the media. However, numbers of attendees at the Inquiry premises are restricted. Therefore reporting on the hearings is largely happening remotely and proceedings are being live-streamed on the Inquiry’s YouTube channel.
11. Can I catch up with the proceedings at a later date?
The hearings will be available to watch on the Inquiry’s YouTube channel after the hearing. Transcripts of the hearings will also be published following the hearing, unless any contrary order or restriction notice is in place.
12. Will I be approached by the Inquiry Team to provide a witness statement?
The Inquiry Team is carrying out investigations, which include reviewing all relevant documentation and interviewing individuals with knowledge of the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the QEUH, as well as the response to emerging issues related to infections of patients at the hospital after it was opened.
If you have knowledge of these issues, you may be asked by the Inquiry team to provide a witness statement.
13. Do I have to provide a witness statement if requested to do so?
Yes. Lord Brodie has powers under the Inquiries Act 2005 to compel a person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.
14. As a former NHS employee, do I still have to cooperate with the Inquiry?
Yes. Lord Brodie has powers under the Inquiries Act 2005 to compel any person to give evidence to the Inquiry. If you do not comply with a requirement by the Chair, you may be found to have committed a criminal offence.
15. What happens next?
If the Inquiry Team considers that if might be useful to speak to you in respect of your knowledge of these issues, you will be contacted by a named team member from the Inquiry Team’s Witness Engagement and Support Team, either to arrange a suitable time for an interview appointment, or to let you know that they intend to issue a questionnaire to you in the first instance, prior to meeting with the Inquiry team. When asked to attend for an interview your named team member will confirm the interview details in writing, provide the name of the person who will conduct the interview, the location (or whether it will be appropriate to take the statement remotely), and will also ensure that you understand what is involved in providing evidence, giving statements and attending hearings.
The Inquiry team will inform you in advance of the issues about which you will be asked, as well as providing you with copies of the documentation you may be asked about.
16. Who can I take with me to the witness interview?
You may have somebody present with you at the witness interview, such as a work colleague, friend, official from your Trade Union or Professional Organisation, or a solicitor from the NHS Central Legal Office’s (“CLO”) dedicated Scottish Hospitals Inquiry team (which is acting for NHSGGC in the Inquiry). It is recommended that whoever accompanies you is not themselves likely to be asked to provide a statement. The recommendation is that a solicitor from CLO attends with you to provide as full legal support as possible.
17. Can I obtain separate legal representation?
NHSGGC will support you as fully as possible throughout your involvement in the Scottish Hospitals Inquiry. However, if you would prefer to be accompanied by an independent solicitor, the Inquiries Act 2005 allows for the possibility of an award of funding for legal representation for witnesses; applications for funding for legal representation must be approved in advance. There is further information on this on the Inquiry website and you can speak with the Inquiry’s witness support team about this.
18. What happens at the witness interview?
There are likely to be two members of the Inquiry team in attendance, who will take your statement, by asking you questions and referring you to documentation for your comment. Giving a witness statement may take some time. The statement takers will allow regular breaks, but you should feel free to ask for breaks whenever you want. If a meeting is likely to last a long time, the interview will be spread over more than one day. Consider making your own notes of the interview; this will help in remembering what was said when you receive the draft statement of your interview.
19. Do I get a chance to see, and make changes to, my statement before it is finalised?
After attending your witness interview, you will receive a draft copy of your witness statement. This must be read thoroughly and any changes, additions or deletions can be made at this stage. You should sign the statement once you are satisfied that it accurately reflects your evidence. You may be asked to provide electronic verification in place of a signature, if the process is taking place remotely. Once the statement is signed, it then becomes your evidence to the Inquiry. If you subsequently wish to say something more, you can make a further statement.
20. Will my witness statement be public and will it attract media interest?
Witness statements are published on the Inquiry website prior to witnesses being called to give evidence, so the media will have access to materials before and during each stage of the Inquiry hearings. This could lead to witnesses being quoted in media reports prior to appearing at the Inquiry.
21. Will I be called as a witness at the Inquiry?
Any individual who has been interviewed and provided a statement to the Inquiry Team may then be called as a witness at the Inquiry. However, in many cases, a witness’ statement will be sufficient and they will not also be required to give evidence at a hearing.
22. What should I do to prepare before giving evidence to the Inquiry?
If you are called to give evidence, it is important that you prepare for this by:
Reviewing all personal notes and files, as well as the documentation provided to you by the Inquiry Team in advance of giving your witness statement.
Familiarising yourself with the hearing surroundings by viewing the film of the venue provided by the Inquiry Team in advance.
Being prepared for possible media interest in the lead up to the hearing.
Being aware that you may have to wait at the hearing venue before you are called as a witness.
23. What should I expect when giving evidence to the Inquiry?
When called to give evidence, you must take an oath, or affirm, declaring that you will tell the truth at all times.
You are then likely to be questioned on who you are, your qualifications and experience, and your place of work before going on to the circumstances surrounding the issues in relation to adequacy of ventilation, water contamination and other matters which arose in the construction and delivery of the QEUH and thereafter. It may also include your general involvement and role within meetings and decision making in relation to care of patients, communication with families, infection control or the environment.
24. What are the key tips to remember when giving evidence?
Listen carefully to the questions you are asked and take time to consider your response. Do not feel pressured to give a “yes” or “no” response and be ready to explain your view. If you can’t remember the date of an event or don’t know the answer to a question, say so – don’t try to guess and do not speculate.
If a question has multiple parts, break down your answer. If you are unsure of the question, ask for it to be repeated. Be calm, courteous and honest. Remain objective, and do not get personal. Speak clearly and concisely, and be ready to confirm your evidence from notes taken at the time, or by reference to your witness statement. If your role is a central one, be prepared for a possible lengthy session in the witness box which may last several hours.
Do:
Prepare in advance
Be fully familiar with the issues in the case
Give detailed and relevant answers
Say if you cannot remember
Be alert and astute to the atmosphere in the venue
Direct your answers to the Chair, even though counsel to the Inquiry is asking the questions: the Chair is the decision maker
Be clear in what you say and speak loudly enough for the Chair and Counsel to the Inquiry to hear you
Be ready and willing to expand and explain your answers if requested
Be ready and willing to see the argument in opposing views but be firm and clear about your own evidence
Be prepared for delays
Be aware that this is a formal proceeding and dress appropriately
Try to remain calm and not react emotionally
Try to avoid appearing defensive, impatient or argumentative
Stick to the facts – don’t make assumptions about what other people did or did not do
Try to avoid jargon, medical or hospital language that others may not understand
25. What happens if I am approached by a journalist?
The Inquiry has measures in place to ensure that witnesses to the Inquiry are not approached by the media within the Inquiry premises. Should you be approached by a journalist outside the Inquiry premises, there is no obligation for you to make comment. The media may also take photographs of witnesses arriving at or departing from the Inquiry.
The NHSGGC Communications team is on hand to advise and support you if you are in any doubt about what to do if contacted by the press. They can be contacted by telephone, 0141 201 4429, or email, press.office@ggc.scot.nhs.uk 24 hours a day.
26. Is there anyone at NHSGGC I can talk to about my participation in the Inquiry?
Yes.
NHSGGC is fully committed to providing support to all staff who may be involved in the Scottish Hospitals Inquiry. NHSGGC Legal Office operates a “Witness Service” that offers support and guidance to all witnesses asked to give evidence at a hearing. The service they can provide which would be helpful to any NHS staff member if required is:
Practical help
Information on Inquiry procedures
Guidance regarding further support
A listening ear for anxieties/concerns
If you would like support from this service generally, or if you are invited to give a statement/evidence, please contact Rachel McGowan, 07583 121674 or rachel.mcgowan@ggc.scot.nhs.uk
Additionally, the NHS Central Legal Office (“CLO”) is acting for NHSGGC in the Inquiry. The CLO has a dedicated Scottish Hospitals Inquiry team which is working alongside the Witness Service and can provide you with as full legal support as required, including accompanying you, if requested, to any witness interview meeting.
Of course, you may also seek support and advice from your Trade Union or Professional Organisation.
27. Am I obliged to provide a precognition to the CLO if requested to do so?
A precognition is an informal statement, used for internal purposes only, and not for wider disclosure, and is covered by legal privilege. The CLO might suggest that they take a precognition from you as part of its fact-finding phase. While you are not obliged to provide such a statement to the CLO, we would strongly advise you to do so: this process assists with building your own picture of the events to which you can speak; and if called by the Inquiry to give evidence, you must do so, so having taken the preparatory step of assimilating your recollection of matters in advance of that more formal process is hugely beneficial.
28. Will what I say to the CLO solicitors be in the public domain?
No. Any conversation you may have with a member of the CLO team is confidential and is covered by legal professional privilege, whereby written or oral confidential communications between a lawyer and a client are protected for the purpose of giving or receiving legal advice.
29. Is there anyone on the Inquiry Team I can speak to for support?
Yes. The Inquiry has set up a Witness Engagement and Support Team which is available to anyone who is a witness to the Inquiry, i.e. anyone who is either giving a witness statement, or giving evidence at an Inquiry hearing. They can provide information about what the Inquiry does and how they do it.
The witness support team can be contacted either via the NHSGGC Witness Service and/or CLO, or using the following details:
By post to: Scottish Hospitals Inquiry, PO Box 27126, Glasgow, G2 9NB.
30. If asked to provide certain documentation relating to the issues set out in the Terms of Reference by a solicitor from the CLO, should I do so?
Yes. The CLO is supporting NHSGGC in the information-gathering stage of Inquiry preparations. Part of that exercise comprises a review of documentation and an assessment of its relevance to the Inquiry’s Terms of Reference and to the specific Requests for Information which the Inquiry Team has made. The provision of any documentation to the CLO does not mean that there will be automatic onward provision of this documentation to the Inquiry Team.
Subject to certain exceptions, should any material be considered to be relevant to these Requests, there is a legal obligation for this to be provided by NHSGGC, or the CLO on its behalf, to the Inquiry.
31. What if the material is sensitive, contains personal data or is legally privileged?
There are protocols in place to deal with the provision of sensitive or legally privileged material, including an application by the CLO to the Inquiry Team for an order for redaction (obscuring parts of text) or restriction of the publication of the material.
32. I have heard that there is also a Police investigation, is that correct?
The Lord Advocate has instructed an investigation by Police Scotland into the deaths of four patients at the hospital. This investigation is to establish whether, in relation to water and ventilation, any offences have been committed by NHSGGC. At this stage we understand the focus of the investigation is directed at NHSGGC as an organisation and not at individuals.
33. Will I be interviewed as part of the Police Investigation?
If you have knowledge of matters relevant to the Police investigation, you may be asked to attend for interview to provide a statement.
34. Do I have to attend for interview and provide a statement to the Police if asked?
No. Attending an interview and providing a statement to the Police at this stage of its investigation is voluntary. However, NHSGGC wishes to cooperate fully with the Police investigation and would therefore ask that you consider this when deciding whether to agree to a request for an interview.
35. What should I do if I am contacted by Police Scotland requesting an interview?
Please see Question 26 above.
36. Who can I take with me to a Police interview?
Please see Question 16 above.
37. Can I obtain separate legal representation?
NHSGGC will support you as fully as possible and should you wish NHSGGC will make a solicitor from the CLO available to speak with you beforehand in order to answer any questions you may have, and to attend with you to the interview. However, if you would prefer to be accompanied by an independent solicitor, please contact your Trade Union or Professional Organisation.
38. Do I need to prepare for a Police interview?
It is unlikely that Police Scotland will provide details on what they intend to cover at the interview in advance although, in some circumstances, they may issue a list of topics or questions in advance. If no details are provided, preparation will not be possible. It is recommended that you do not bring any documentation or notes with you to the interview as there is an agreed process in place for the provision of documentation to the Police and the Police Officers can take possession of these – see also Q.41 below.
39. What happens at a Police interview?
Similar to Question 18 above, there will be two Police Officers in attendance. One of the Officers will hand write the statement during the interview. Although you will be responding to questions, the statement will be written as a first person narrative. This interview process therefore may take some time. You should feel free to ask for breaks whenever you want.
40. What are the key tips to remember when being interviewed by the Police?
These are similar to Question 24 above:
Listen carefully to the questions you are asked and take time to consider your response.
If you do not understand the question or are unsure about what you are being asked, then ask for clarification.
Do not feel pressured to give a “yes” or “no” response where that would not be correct, but instead provide a full response explaining the position.
If you don’t remember or don’t know the answer to a question, just say so – don’t try to guess and do not speculate.
If a question has multiple parts, break down the question and your answer.
If you feel someone else would be better placed to answer a particular question, feel free to say so, as part of the purpose of the questions is to find out who is best to answer them.
If you need to see a particular document in order to answer a question, ask for this document and if the Police have it available they will show it to you. If the document is not available, the Police Officer will request a copy from NHSGGC.
Be calm, courteous and honest. Speak slowly, clearly and concisely, as that will make it easier for the Police Officer who is writing down your responses.
41. If requested, should I provide documents to the Police?
Please do not provide copies of documents yourself as NHSGGC has bilaterally agreed processes in place to assist Police Scotland in respect of access to clinical notes/documents as follows:-
Clinical Notes/Medical Records Requests
Requests for documentation relating to patient’s medical/clinical notes should be directed to Legal Aspects Team (part of Medical Records Department) who will assist Police Scotland with their request as per usual NHSGGC process.
A process for requesting all other documentation has been agreed with Police Scotland. Do not provide copies of documents yourself. There is a single point of contact within the Programme Management Office – Public Inquiries for the Police to formally request documents.
42. Do I get a chance to see, and make changes to, my Police statement before it is finalised?
Yes. At the conclusion of the interview, or at multiple points during the interview if it is a long interview, you will be asked to read through the statement that has been written by the Police Officer to check that it is accurate. You must read the statement carefully and make any corrections, changes, additions or deletions that you wish. Once this has been completed you will be asked to sign every page of the statement as well as sign at the end to confirm that the statement is a true and accurate record. You will not be provided with a copy of the final statement.
43. Will my Police statement be made public?
No. Your Police statement is confidential.
Civil Law
Civil law deals with disputes between individuals or individuals and companies and their rights and duties to each other. Either defendant or pursuer may be found to be wrong and be liable for damages (compensation to be paid). Civil law exists to protect individuals against one another. Civil law sets out the rights and duties of individuals. For instance, an individual or a business agrees to provide goods or services to another at a price, but the goods or services are substandard, a claim can be brought under consumer protection law. The outcome of civil law cases is decided on the balance of probabilities that the act or omission alleged occurred.
Criminal Law
Criminal law deals with criminal offences and their punishment. The burden of proof in a criminal case is to demonstrate that guilt has been proven ‘beyond reasonable doubt’. Scottish Law is unique in having three possible verdicts; guilty, ‘not guilty’ and ‘not proven’. Criminal Law ensures every citizen knows the boundaries of acceptable conduct in the UK. For example, it is clearly unacceptable conduct to steal from another individual, or take the life of another.
A breach of criminal law is seen as a wrong against society as a whole. If an individual breaches criminal law and commits an offence, they may well face criminal prosecution and, if convicted, will receive an adequate penalty. Punishments for criminal offences are typically fines, imprisonment and or a community sentence
Decisions made in legal actions are based decisions made in previous cases.
Sometimes, both criminal and civil law will arise in relation to an incident. Road users, for instance, have a duty of care towards other road users. If a road user is driving carelessly and causes an accident which injures another person, a civil claim can be brought for damages for negligence, in addition to any criminal prosecution.
What is a Precognition Statement and why am I being asked for one?
A precognition statement is different from the witness statement you may have already given to the Police.
A precognition statement is a distinctive feature of the Scottish legal system. It is the face to face interview of a witness who may be called to give evidence at an upcoming Fatal Accident Inquiry, civil case, criminal trial.
A precognition statement is taken to evaluate the evidence the witness will give whilst under oath in court. You may be requested to provide a precognition statement if you:-
Have been involved in the treatment and care of a patient
Have witnessed a crime or been a victim of a crime
Have seen or heard something in connection with a an accident or crime
Have information about someone accused of a crime/or legal claim
Have been involved either directly or indirectly in a children’s hearing case
Expert witness
Providing a precognition statement is an important aspect of the Scottish Legal System. Please note, opposing sides can interview each other’s witnesses prior to attendance in court and again, this is to evaluate the evidence witnesses are likely to give in court.
If you have any specific questions about a recent request to provide a precognition statement, and are just unsure, please do not hesitate to get in touch with Rachel McGowan, Legal Claims Manager.
Ensuring Support for both NMC Witnesses & Registrants – Board Wide
Your role as a witness in a Fitness to Practise (FtP) investigation is very important. The information you provide assists the NMC carry out a full and fair investigation. It helps them to fulfil their duty in protecting the public.
If you have reported an incident to the NMC or your name has been given as a possible witness, then in some cases they will hold a public hearing so that a decision can be made by an independent FtP Panel.
If you are a witness you may be called to give your evidence at the hearing so the panel can hear your evidence and ask you questions about what happened and what information you may know.
From the time of giving your initial statement and the hearing date being set may be some time. During this time, it may help to familiarise yourself with records and reports in relation to the case and where possible consider what decisions were taken, when and why. Ensure you have some practical and emotional support if you are feeling unsure and anxious.
The NMC website also has detailed information and leaflets for NMC witnesses about what to expect during the investigation process, attending the hearing as well as a helpful virtual tour of a typical hearing room.
I would encourage you to read the information booklets published by NMC (I have provided links below) in the first instance prior to seeking further support. The NMC information may answer and address any questions/concerns you may have at this time.
Understandably, this can be an anxious time for staff that are being called to give their evidence at a Hearing and therefore support is available to staff Board Wide within NHSGGC, enabling both NMC witnesses and registrants to seek support leading up to the Hearing.
For staff who are feeling anxious, worried there is support available to you where I can offer you:-
One to one support to address specific concerns and questions
Practical support and guidance around expectations of being called as a witness
Information around NMC Hearing process and what to expect at the Hearing
Arrangements for you to visit the NMC Office in Edinburgh prior to hearing starting, or on the day of your arrival.
Group Support – Question and Answering sessions can be helpful when there are quite a few staff being cited from the one ward area allowing staff to raise and discuss any general concerns around the expectations of being called as a witness.
Having a point of contact of support during the NMC process can be of great benefit to staff who require additional support and guidance.
I work in collaboration with NMC Witness Liaison Officers, Edinburgh ensuring dedicated support leading up to the Hearing and also on day of arrival at the Hearing.
Any questions, get in touch with Rachel McGowan, Legal Claims Manager.
Staff may be called at some point in their professional career to give evidence in a criminal case. Being involved in the criminal justice system can be a daunting and unknown process for NHS staff. When witnesses are called in criminal cases they may also be victims of crime, for example, you were assaulted. As a witness, you have an important role to play by telling the court the truth about what you know or may have seen. This information is known as the witness’s evidence. The court needs witnesses to give their evidence to allow them to build up a picture of what has happened and to reach a verdict or decision. If you are a witness, it may mean you:-
Have been a victim of a crime
Have seen or heard something in connection with a crime
Have information about someone accused of a crime
Have been involved either directly or indirectly in a children’s hearing court case.
Expert witness
There are three different people who may call (or more formally known as ‘cite’) you to be a witness:-
The Procurator Fiscal (also known as fiscal or prosecution)
The Defence or other Solicitor
The Reporter to the Children’s Panel
As a witness, you will receive a letter that tells you where and when to go to court and this is called your citation. You may feel anxious about appearing in court but assistance and support is available for NHS staff called as witnesses. Court visits can be arranged for anxious staff in advance to help them become more familiar with the courtroom and court process.
It is important not to ignore your citation. If you do not turn up at the correct time and place, the court can issue a warrant for your arrest. You can contact the procurator fiscal if you have any questions, concerns or special requirements in advance of the trial.
Questioning & Cross examination
When the time has come for you to give your evidence, you will be shown to the witness box where you will remain standing to give your evidence (pleasealsoread over section on court visit). You will then be asked to swear on oath/affirmation to tell the whole truth to the Sheriff/ Judge of that courtroom.
Questioning will then begin with who you are, your qualifications, age, experience and your place of work before going in to the circumstances surrounding your involvement in the case. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence
If you can’t remember or don’t know the answer to a question – say so – and don’t guess
If unsure of the question, ask for it to be repeated/clarified
Cross-examiners may try to challenge your experience, qualifications – remain calm, factual and professional by giving a reasoned response
Don’t be defensive
Don’t react emotionally
Be professional
By way of supporting and assisting you for upcoming trial, I can offer you:-
Practical support and guidance on court and legal process
Court Familiarisation Visit in advance of trial to aid you in preparation of giving your evidence on day of trial
One to one support to address specific challenges, concerns/anxieties
Q&A Sessions where large numbers of staff are cited to court
Work in partnership with other agencies such as Witness Service and Victim Information and Advice (VIA) in respect of vulnerable witnesses
I would encourage you to have a read over the undernoted leaflets, one for Sheriff Court Witnesses and one for High Court Witnesses compiled by the Crown Office & Procurator Fiscal Service COPFS.
An FAI is a legal process that seeks to explain the circumstances and facts leading up to a person’s death. Once an FAI has been decided and intimated on the Board by the Crown Office and Procurator Fiscal Service (COPFS), the Legal Claims Manager will instruct NHS Central Legal Office (CLO) to protect the interest of the Board and staff at the inquiry. Inquiries are normally held before Sheriffs and generally take place in Sheriff Court buildings.
Staff involved in the case will be called as witnesses to give their evidence on knowledge of fact or as an expert witness. If you have previously given a statement to the police/PF during the initial Investigation, it is most likely you will be called to give evidence at the FAI.
Leading up to the FAI, staff may be contacted to provide a further statement (precognition) along with any other information that may be relevant in the preparation of the FAI. This contact could be from either the CLO Solicitor who is acting on behalf of the Board or the Procurator Fiscal during the preparation of the FAI.
The FAI needs to determine five main points:-
Where and when the death took place
The cause or causes of death
The reasonable precautions, if any, that might have avoided the death
The defects, if any, in any system of work that contributed to the death
Any other facts relevant to the circumstances of the death
Preparation for FAI
Preparation for Court is essential. The gap between the initial PF investigation and the decision being made to hold an FAI can be months or even years. Take this time to prepare and familiarise yourself about FAIs ensuring you have all the support you need professionally and emotionally to assist and guide you through what can be a stressful and worrying time for staff. Staff should try and keep in mind that FAIs are not held to find fault or apportion blame with an individual, but to identify and rectify any systematic defects.
You should familiarise yourself with records and reports in relation to the matter and consider what decisions were taken, when and why. It may also be helpful to think about any factors which may have had a bearing on the death and how you will respond to questions about these. You will be expected to give evidence on the five main points listed above.
Questioning
Generally, you will be questioned on who you are, your qualifications, age and experience and place of work before going in to the circumstances surrounding the death. Try to:-
Be calm, courteous and honest – remain objective
Speak clearly and concisely
Focus on the question at hand
Take time to consider your response
Be ready to confirm/back up your evidence from medical notes, reports, etc
Refer to your notes if required
If you can’t remember or don’t know the answer to a question – say so – and do not guess
If unsure of the question, ask for it to be repeated or clarified
Do not give an opinion on a matter which you are not qualified to do so
Do not discuss your evidence with other witnesses
Do not attribute fault to others unless you are an expert witness
Try not to use any abbreviations or slang
Questioning is led by the Procurator Fiscal who is representing the public’s interest which then follows on to:-
Solicitor representing the deceased’s family (if they have chosen to appoint legal representation)
Solicitor representing the NHS (CLO)
Legal representation of any individuals who have chosen to be represented in their own right
All relevant medical records, reports are lodged in Court in advance of the trial and can be placed in front of you when in the witness stand to allow you to refer to when giving your evidence, these are known as productions.
The following support and guidance is available to staff during the PF/FAI:-
Practical support and guidance in relation to FAI process
Information on court procedures and what to expect as a witness
Court familiarisation visit in advance of FAI
Support in court on day(s) of giving your evidence
One to one support to address any specific concerns or questions
The following video outlines the support available to NHSGGC staff around Fatal Accident Inquiries.
NHSGGC has a process in place for the handling and management of Sudden and Unexpected Deaths Investigations under investigation by the Crown Office and Procurator Fiscal Service (COPFS) led by Rachel McGowan, Legal Claims Manager who works closely with NHS staff and the Procurator Fiscals Service (The Scottish Fatalities Unit) during all PF Investigations underway within NHSGGC.
The Procurator Fiscals Office investigates sudden, unexpected, suspicious, accidental and unexplained deaths occurring in Scotland. When a death occurs, and the circumstances appear to give cause for concern, the PF will undertake an investigation looking at the facts surrounding the death. The initial investigation is not an FAI, but it may lead to one as this is the purpose of the investigation to determine whether an FAI should be considered.
Mandatory FAI’s are held in to deaths that result from an accident in the course of employment and deaths in legal custody, for example, prison deaths, police custody.
The sole purpose of the PF investigation is to determine if there should be an FAI. The undernoted five main points will be considered, investigated allowing PF/Crown Office to come to a decision:-
Where and when the death took place
Cause or causes of the death
The reasonable precautions, if any, that might have avoided the death
The defects, if any, in any system of work that contributed to the death
Any other facts relevant to the circumstances of the death
During the investigation stage, PF can request various pieces of information to assist them, for example, Significant Critical Incident Report (SCI), Action Plan, training details, complaints paperwork, information on any recommendations and actions taken as a result of internal review. PF may also seek statements (precognition statement) from relevant clinical and nursing staff involved in the treatment and care of the deceased leading up to their death. Precognition statements taken by the PF or a Precognition Officer are normally done face to face and on a one to one basis with no other parties present. The purpose of taking a precognition statement is to allow PF to evaluate your evidence in respect of the circumstances surrounding the death.
The PF investigation can last months or even years and once concluded, recommendations will be made by PF to the Crown Office on whether an FAI should take place in relation to the facts surrounding the death.
If you are currently involved in a procurator fiscal investigation, it may be helpful to have a read over the NHS Staff Resource Guide on FAI’s along with the Fatal Accident Inquiry (FAI) link on this site providing you with some helpful information and guidance in respect of that process, if and when, an FAI is determined by the Crown Office and Procurator Fiscal Service (COPFS).
Support for NHSGGC staff
The following video outlines the support available to NHSGGC staff around Sudden and Unexpected Death Investigations.
