Reissman loses appeal

Paul R Taylor

December 11, 2007

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SACKED: Karen Reissmann

CAMPAIGNING nurse Karen Reissmann has vowed to fight on after losing the appeal against her controversial sacking.

Union rep Karen was dismissed by the Manchester Mental Health and Social Care Trust in November after speaking to the media about unpopular changes to services, the Change In Mind proposals.

It triggered an indefinite strike by up to 150 mental health workers in Manchester, which has full backing of Unison and other trade unions across the UK.

Many of the strikers gathered outside the trust's headquarters in Chorlton this afternoon to hear the decision and Karen addressed the crowd after learning her appeal had been unsuccessful.

"This is a terrible day for the health service and a terrible day for the people we care for, but we won't stop fighting.

"We will take the trust to whatever course it takes to defend the right of free speech.

"This fight isn't over today. It's going into another stage.

Disgusted

"I'm absolutely disgusted with the decision. We're not going to go away. The battle goes on."

Karen said her union will look at taking the trust to the European Court of Human Rights. Unison foreman Andrew Gill said the decision on whether the continuous strike will continue will be taken at a meeting tomorrow (Tuesday, December 11). He said: "The next step for Karen is an employment tribunal, but that could take several months.

"Emotions are running high, today, so we'll wait until tomorrow to make a decision."

The trust confirmed that it's decision to dismiss Ms Reissmann has been upheld.

Wyn Dignan, chair, said: "The trust board now intends to move on and focus on delivering safe, high quality mental health services to the people of Manchester. We appeal to those who are presently out on strike to return to work.

"As this is a private employment matter, the trust will not be commenting further."

The appeal panel was chaired by Wyn Dignan and two non-executive directors who have had no involvement with the case.

Paula Harkis, a community psychiatric nurse, 49, has worked in the mental health sector in Manchester since 1985. She has been on strike since November 8. Paula said: "We're all shocked and dismayed with this decision. We tried to keep optimistic, but we're just disgusted, now, with the way the trust has treated our union rep, spokesperson and colleague.

"People should be allowed to speak out when they feel something is wrong."

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markyboy (10/12/2007 at 16:29)

wyn dignams commet 'this is a private employment matter' is way of the mark. unless i am mistaken m/c mentasl health is part of the NHS is it not?.
unfortunately i didnt think karen would get her job back because to do so would mean that her bosses got it wrong in the first place - good lord they cannot be seen to be stabbing one and another in the back now could they?.
do it to a member of staff and expect them to go quietly - some hope now as i back karens fight 1000%, bullying like this is disgraceful.
as i also understand m/c mental health want to provide a first class service?, so why are they 173rd out of 178 in the UK - answer poor management. the only comment about the management i have to make is the old one about not being fit to organise a booze up in a brewery (clean version)!!.
to sheila foley et all resign now.

Rimsky (10/12/2007 at 16:30)

Quite right, tough luck lady. Well done also for thinking about wasting thousands of tax payers pounds on appeal in europe.

Fran M, Stockport (10/12/2007 at 17:42)

Rimsky, wasting tax payers money? Who? The board installed Foley who created this mess. They also gave her a bonus of £24k above the advertised salary for the job, for being an excellent candidate. £24k of TAX PAYERS money. Apart from the extra costs the trust has had to spend during this strike. The causes and possible resolution of this crisis reside with the board. But they are to stubborn to negotiate. When a tribunal finds in favour of Karen in the future and awards her damages,I hope that the board members responsible will be held personally liable and surcharged to save more waste of taxpayers money. Keep up the fight! 'freedom of speech' is valuable commodity to lose in a supposed democracy. I would like to know where is Dave Prentis when all this is happening? Mr Silent, nice cushy job, big salary then turn invisible when one of the most fundamental rights in a democracy is being denied to one of his officials. Mr. Prentis and stand up for your members. Or maybe you don't want to embarrass your chums in Downing Street. An absolute disgrace!!!

Katt (10/12/2007 at 17:46)

This is a sad day for Manchester and the NHS, to lose a good strong nurse, an advocate for patients,carers and fellow workers at a time when the trust needs her most is not only foolish but could be seen as "cutting their nose's off to spite their face". I'm glad that I was'nt part of this farce. Next year Ms. Foley will have pocketed the money and run off to pastures new maybe to wreck further damage in a new city. The three people who made this dicision and backed up the fly by night will have to live with themselves whilt the rest of us will suffer for their short sightedness.
Good luck Karen and co. youre not alone.

marge (10/12/2007 at 18:32)

Karen appears to have suffered from the vague concept of bringing the Trust into disrepute. Any objective hearing will inevitably clear her, leading to another swathe of tax payers money being paid out. Sheila Foley may prove to have been an expensive appointment but will no doubt be long gone when justice is done. We can only hope those the trio will still be around to answer for this decision.

One must wonder whether being permanently in debt then paying a new employee an extra £24000 when they didn't need to, being ranked 173rd out of 175, employing the odd dodgy psychiatrist, might also be considered to have brought the Trust into disrepute.

Unfortunately the decision to discipline Karen probably took on a momentum in which no one was brave enough to intervene. It will cost us all lots of money. The lawyers will be rubbing their hands, the tax payers seeing more money going down the pan.

Well done Manchester mental health Trust, you've played a blinder.

mindblowing, manchester (10/12/2007 at 18:56)

Trust 1 Unison 0.
To the victor the spoils!!
So its back to work Wednesday....and watch for the vindictive trusts retaliation on those who did strike

marge (10/12/2007 at 19:36)

Sorry there is no victor here, everyone is a loser. A good nurse her job and the organisation what was left of their reputation. No doubt some senior managers will quietly and discreetly move on but at least will still have a job.

I must agree with an earlier comment, where is Dave Prentis? Unison nationally have been a disgrace.

JLO, stockport (10/12/2007 at 23:03)

Cmon Mr Prentis,show us what youre made of.
Actions..Louder...Words !!!

Gary Betney (11/12/2007 at 03:30)

How can an official trade Union representative be sacked for speaking out on an issue which effects her members? The mechanisms for public scrutiny of the NHS have been slowly eroded with the abolition of the old CHC's and an increase in the amount of business which is dealt with away from the public gaze.

Karen was not only right to speak out on this matter, she was not only entitled to do so, she was morally required to do so as a result of her position.

Good luck with the industrial tribunal Karen amd I hope that the eventual costs of all subsequent actions will lead to those responsible being removed from office.

Gary

Fran M, Stockport (11/12/2007 at 09:21)

Unfortunately, the result of this appeal was totally predictable. The panel could never have been considered impartial due to the presence of a member who had been instrumental in getting one of the charges added to the original disciplinary hearing charge sheet. That compromised individual should never have been allowed to hear the appeal. It is clear that the disastrous CEO’s presence on the panel was secured through the agency of that individual.

This appeal was never going to be judged on the basis of the evidence or on the basis of natural justice. It was always going to be judged on the ‘back me or sack me’ principal, so it was always going to fail. It didn’t matter what evidence was produced to back Karen’s case success was impossible. It had to come down to Karen or Foley and Foley was always going to be the winner. Not because she is right, because she is not, and almost certainly broke the law in taking the action she has. It is almost certain that an independent tribunal will find for Karen. The panel has delivered Foley’s verdict as instructed. But they had to, because, they stand in the dock along with the rest of the board. They were hardly going to admit that their disastrous choice of CEO was wrong.

There will come a time somewhere in the future when people will look back at this disaster as ask ‘how was this allowed to happen?’ That time will not come until Foley and her loyal lieutenants have gone. That departure must start now. The board now needs to examine their consciences and start thinking straight. Foley has to go as soon as possible and the board needs to help her on her way.

UNISON leader Dave Prentis said recently;

“And most of all we need to show ministers that they must keep listening, that they must do more to involve staff and users of the NHS, and that they must reconsider the damaging policies of NHS marketisation”

Karen Reissmann was only saying much the same thing but the Trust took exception to that and decided to gag her. It seems obvious to me and many others that the Trust lacks confidence in their own case so instead of engaging in public dialogue they try to quash dissent. They appear now as moral Pygmies. In contrast Karen has emerged from this debacle as a moral and intellectual giant. She and her colleagues have won the public debate. Foley and the board however have retreated into the dark recesses of moral cowardice and unseemly authoritarianism.

Chintz (11/12/2007 at 13:38)

Whilst I have to agree that the Trust concerned has a lot of work to do to improve its services, the changes they are attempting to implement are part of a wider obligation, dictated by government to modernise mental health services under the NHS Plan and National Services Framework for mental health. Many of the initiatives seek to improve services by providing crisis resolution and home treatment, assertive outreach, early intervention in psychosis and support and recovery teams to help bring those who have suffered mental illness back into a socially inclusive environment, be that the ability to leave the front door and collect your shopping, or undertake employment - things most of us take for granted.

International and national clinical research on clinical outcomes(supported by many of the seniot clinicians at the Trust) supports this approach, but it does mean that community based nurses have to change the way that they work.

These changes will cost money and the local PCT has provided a six figure sum to support this. In addition, the Trust seeks to employ an additional 40 staff. So where are the cuts?

The sacked nurse is anti change and is trying to support staff who are in the comfort zone and do not wish to develop their practice and look at new ways of working.

The local media have backed the sacked nurse from the outset, but this is just not about freedom of speech. The nurse in question is in breach of her contract of employment and is preventing the Trust from taking these changes forward. Other Trusts in the North West have been able to implement the changes.

The Bobelesque (11/12/2007 at 16:02)

Is the union paying her wages whilst she wages war?

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