WEBVTT - The Whistleblowers

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<v Speaker 1>Trigger warning death and descriptions of the dead. Please listen

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<v Speaker 1>with care.

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<v Speaker 2>Lucy let Be was a whistleblower. She probably didn't realize

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<v Speaker 2>it at the time, but she was because she recognized

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<v Speaker 2>issues in that unit.

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<v Speaker 1>This is Martin Pittman, a retired consultant, obstetrician and gynecologist

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<v Speaker 1>and NHS whistleblower.

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<v Speaker 2>She raised concerns, she repeatedly put in datech forms when

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<v Speaker 2>she recognized significant issues, and she put in aggrievance as

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<v Speaker 2>a junior in there, she put in agrievance against two

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<v Speaker 2>senior consultants. So all of that, all of those are

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<v Speaker 2>whistleblowing events.

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<v Speaker 1>In twenty sixteen, before there were any criminal charges, Lucy

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<v Speaker 1>let Be took on these consultants after they had had

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<v Speaker 1>her removed from clinical duties on the neonatal ward. She

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<v Speaker 1>fought back with an employment grievance.

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<v Speaker 2>From Lucy Letbe's perspective, and I think it's underplay the

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<v Speaker 2>fact that and this is why it never got anywhere

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<v Speaker 2>near her trial was to be brave enough as a

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<v Speaker 2>junior nurse to submit a grievance against two senior consultants

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<v Speaker 2>was an incredible achievement. To win that in an NHS

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<v Speaker 2>trust was unprecedented, absolutely unprecedented.

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<v Speaker 1>There is a playbook for how whistleblowing cases often play out,

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<v Speaker 1>and Martin's story unfolds in a very typical way. In

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<v Speaker 1>twenty nineteen, as Lucy Letbee's case was raging on, Martin

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<v Speaker 1>was experiencing his own courtroom drama in tribunal with his

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<v Speaker 1>own hospital when it merged with another local NHS trust.

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<v Speaker 1>He had noticed an increase of poor outcomes on his ward.

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<v Speaker 2>I very vividly remember the moment when I decided that

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<v Speaker 2>I had to act. A baby was injured that I

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<v Speaker 2>know for certain that could have been avoided. And it

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<v Speaker 2>was that happening in a close or the temper association

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<v Speaker 2>with a number of our very best midwife saying to

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<v Speaker 2>me that they were so disheartened with how the unit

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<v Speaker 2>was being run that they were going to leave.

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<v Speaker 1>Out of concern for patient care and for the well

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<v Speaker 1>being of the midwives in his department. He spoke up

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<v Speaker 1>calling for a meeting with the head of Midwiffrey. From

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<v Speaker 1>here things got increasingly worse. A complaint was made about Martin.

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<v Speaker 1>Martin took out a grievance against the hospital. He then

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<v Speaker 1>got taken off the ward and isolated from his colleagues.

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<v Speaker 1>If you've been following the Lucy let Be case, you'll

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<v Speaker 1>recognize the parallels. Whistleblowers have a name for what they

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<v Speaker 1>believe is happening in this process. They call it darvo.

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<v Speaker 2>There's this thing called darva darvo, which is a technique

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<v Speaker 2>that's the play against whistle blowers. They deny the issues

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<v Speaker 2>that you've raised. Then the AA is attack or accused,

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<v Speaker 2>so they basically accuse you of exactly what you have

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<v Speaker 2>accused the organization about, and then they use techniques to

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<v Speaker 2>reverse the victim and offender. So the RVO, I was

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<v Speaker 2>the victim raising the whistleblowing concerns, but they made me

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<v Speaker 2>or they tried to make me the offender, that I

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<v Speaker 2>was the problem. And that's an absolutely textbook approach by

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<v Speaker 2>NHS trusts to get rid of challenging individuals, which is

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<v Speaker 2>what I was.

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<v Speaker 1>If darvo doesn't silence a whistleblower, there's another move in

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<v Speaker 1>the playbook.

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<v Speaker 2>If they can't get rid of you for gross professional

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<v Speaker 2>misconduct and that they can't get you on an inability

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<v Speaker 2>for you to do your job anymore, then there's this

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<v Speaker 2>gray area. It's called SOSR or some other substantial reason,

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<v Speaker 2>which is basically a legal EAES term that enables organizations

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<v Speaker 2>to dispose of troublesome individuals. So they basically manufactured the

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<v Speaker 2>belief that my position was untenable because my relationship with

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<v Speaker 2>the trust senior management had become untenable.

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<v Speaker 1>When this final move was made, Martin Pittman lost his

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<v Speaker 1>case and his job. It did not matter that he

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<v Speaker 1>had decades of experience as a successful obstetrician, or that

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<v Speaker 1>a judge had officially recognized that he'd whistle blown in

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<v Speaker 1>the interest of the public. Since then, Martin has become

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<v Speaker 1>a supporter of other NHS whistleblowers.

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<v Speaker 2>I've been in contact with tragically lots of whistleblowers since

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<v Speaker 2>what happened to me, just to give advice and to

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<v Speaker 2>console people that have been through a similar thing. They

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<v Speaker 2>crossed the spectrum of different areas of professions and levels

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<v Speaker 2>of seniority. I don't think any group of NHS staff

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<v Speaker 2>are immune to I mean the recent case of the

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<v Speaker 2>porters in the counter sug good luck to them because

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<v Speaker 2>they whistle blue co and perceived a trust are in

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<v Speaker 2>employment tribunal and they didn't have legal representations.

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<v Speaker 1>Two hospital porters blew the whistle on improper conditions at

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<v Speaker 1>the Countess of Chester Hospital, the very same hospital that

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<v Speaker 1>went after Lucy after she filed a grievance. In April

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<v Speaker 1>of this year. A judge oversaw their case. I took

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<v Speaker 1>the train from London to Chester to find out how

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<v Speaker 1>it all unfolded. This is doubt the Case of Lucy

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<v Speaker 1>let be bonus Episode five, The Whistleblowers. I've come to

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<v Speaker 1>Chester to visit John Creighton and Tom Jones, porters from

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<v Speaker 1>the Countess of Chester Hospital. We take our seats in

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<v Speaker 1>John's sky blue living room, which had become something of

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<v Speaker 1>a situation room over recent months.

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<v Speaker 3>We've done all our case in here.

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<v Speaker 4>Mission control, wasn't it.

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<v Speaker 3>Yeah it was, Yeah, It's like Leslie Park at one point. Yeah,

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<v Speaker 3>So we went. We went to ground many times and

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<v Speaker 3>we had to say, look, we need we need four

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<v Speaker 3>days and we were sort of seven am till the

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<v Speaker 3>early hour, was preparing prepping.

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<v Speaker 4>We used a ah, well, yeah, sometimes it's not always accurately,

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<v Speaker 4>not quite right, and sometimes it gets confused, doesn't it

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<v Speaker 4>when you load it up? Because it was so contracted

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<v Speaker 4>the case, there were so many different elements to it.

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<v Speaker 4>It was quite easy to confuse the computer, wasn't it.

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<v Speaker 3>Yeah, so we did upgrade. We treated ourselves for the

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<v Speaker 3>eighteen pounds a month Gemini I mean the lawyers.

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<v Speaker 4>Yeah, well we were both financially challenged. John supports a

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<v Speaker 4>family and you know, I've got my own issues at home,

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<v Speaker 4>so yeah, we didn't really have legal representative finance available

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<v Speaker 4>to it.

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<v Speaker 1>John as an experienced porter. This role is often called

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<v Speaker 1>a patient transporter in the US, but the UK version

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<v Speaker 1>is a little broader than just moving patients. As a

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<v Speaker 1>hospital porter in the UK, you're expected to deliver equipment

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<v Speaker 1>and supplies where they're needed, to move patients between different

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<v Speaker 1>sections of the hospital, and to deliver deceased patients to

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<v Speaker 1>the hospital mortuary. John moved into the health sector during

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<v Speaker 1>the pandemic as a porter for a hospital in nearby Wrexham.

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<v Speaker 3>I've worked at a different hospital and it's just a

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<v Speaker 3>better way of doing it and it was safer and

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<v Speaker 3>it was better for the.

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<v Speaker 1>Staff wanting to travel less for work. He eventually moved

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<v Speaker 1>to do the same job at the Countess of Chester,

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<v Speaker 1>but here he found that the job expectations and conditions

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<v Speaker 1>were worrying, especially when it came to moving dead bodies,

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<v Speaker 1>and this is where things got pretty dark at the Countess.

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<v Speaker 3>You knew and I'm like, are you allowed to all

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<v Speaker 3>right with this? Because there's a better way of doing this,

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<v Speaker 3>And they.

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<v Speaker 1>Describe the conditions.

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<v Speaker 4>You'd be walking around the hospital doing more transfers and

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<v Speaker 4>A and E transfers and stuff like that, and you

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<v Speaker 4>could just sort of you might open a door or

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<v Speaker 4>peek behind a curtain and they're just people are just

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<v Speaker 4>laid out. They haven't even been prepared yet.

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<v Speaker 3>You get the job, so you turn up to do

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<v Speaker 3>the job, and then when you get there, everyone's just

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<v Speaker 3>got a blue curtain. And then that's how they do it.

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<v Speaker 3>Unless you don't it, it would just be something dead.

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<v Speaker 1>They tell me, roughly twenty percent of the time they'd

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<v Speaker 1>be asked to transport a body before it was fully

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<v Speaker 1>prepared to be moved, meaning the bodies were not covered

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<v Speaker 1>properly in body bags, nor was appropriate personal protective equipment

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<v Speaker 1>provided to the porters to safeguard against potential infection or

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<v Speaker 1>splashback from the bodies they were asked to move and

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<v Speaker 1>beyond their own safety, there was also the dignity of

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<v Speaker 1>the deceased to think of but the deaths in the

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<v Speaker 1>hospital were not the main issue for them. Their main

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<v Speaker 1>problem was deaths in the community people who had died

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<v Speaker 1>outside of the hospital. Dealing with any dead body can

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<v Speaker 1>be emotional and triggering, but these deaths were often more harrowing.

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<v Speaker 4>Sometimes you get situations in a military setting way you

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<v Speaker 4>never forget it. There was a suicide who some ladder

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<v Speaker 4>jumped in front of a chain at a nearby train station.

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<v Speaker 4>Any had dislocated shoulder and a head injury where it

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<v Speaker 4>was open and was exposed, and he was brought It

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<v Speaker 4>was raining that night, so the British Transport Police didn't

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<v Speaker 4>have chance to tag him and still and prepare him

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<v Speaker 4>for transport. So their plan was to get him in

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<v Speaker 4>where it was dry and do it in the mortuary.

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<v Speaker 4>But you've got to be there. You can't just leave

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<v Speaker 4>them in the mortuary. You've got to supervise then be

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<v Speaker 4>in there and then you know, wave them off and

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<v Speaker 4>shut the door. It was just like a security measure, really,

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<v Speaker 4>and they brought him in and he was in like

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<v Speaker 4>a shell suit. So we managed to sort of slid

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<v Speaker 4>him off their table onto one of ours, slid him

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<v Speaker 4>into the fridge, shut the door.

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<v Speaker 1>Tom, who was a more senior porter at the time,

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<v Speaker 1>always found himself shaken up, particularly when younger people were

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<v Speaker 1>brought in who had clearly come to a tragic end.

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<v Speaker 4>Yeah, it just affected me. So I was trying to

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<v Speaker 4>delete it out of my brain and put him in

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<v Speaker 4>the fridge and I just had five minutes to recompose

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<v Speaker 4>as myself and then the phone rang again.

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<v Speaker 1>The transport police tell Tom there is an issue. The

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<v Speaker 1>deceased young man may have been assuming another identity, so.

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<v Speaker 4>We need to come back and try and identify him.

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<v Speaker 4>So we can go back and tell his mum.

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<v Speaker 1>Mortuary technicians should be on call. Assisting with identifying bodies.

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<v Speaker 1>Is above the pay grade of a hospital porter. So

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<v Speaker 1>Tom picks up the phone.

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<v Speaker 4>I've phoned the Uncle Moutree technician and he said, oh,

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<v Speaker 4>I've just add a glass of wine or something. And

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<v Speaker 4>it was like three o'clock in the morning and he said,

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<v Speaker 4>just stand there, don't do anything, you'd be all right,

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<v Speaker 4>just supervised. Transport police had arrived, pulled him back out

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<v Speaker 4>the fridge and they needed to identify him by a

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<v Speaker 4>tattoo that he had on his shoulder and it was

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<v Speaker 4>on the arm that was dislocated the shoulder and every

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<v Speaker 4>time we tried to the arm just flopped. Would you

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<v Speaker 4>just hold his hand while we go up with the scissors.

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<v Speaker 4>I think, gloves on and everything, but it's just it's

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<v Speaker 4>just not nice. It wasn't nice at all. So, yeah,

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<v Speaker 4>that was my experience of just seeing things that I

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<v Speaker 4>shouldn't really see.

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<v Speaker 3>Someone who lives fifty yards from me and you don't know,

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<v Speaker 3>and you never know who people are, of course, but

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<v Speaker 3>as I look down, they actually and it's such a shock,

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<v Speaker 3>isn't it when you see someone you know? But obviously

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<v Speaker 3>everyone's got loads of stories.

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<v Speaker 1>The staff who usually work in the mortuary would typically

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<v Speaker 1>keep nine to five hours, leaving the porters to deal

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<v Speaker 1>with any bodies that came into the hospital on evenings

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<v Speaker 1>and weekends, so there.

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<v Speaker 3>Is a bleak for the pathologists. They should come out.

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<v Speaker 3>There's no ifs of but they should come out. If

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<v Speaker 3>someone dies in the community, they should do it. I

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<v Speaker 3>think it was just over generations. It might have been

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<v Speaker 3>you lads couldn't do this for an hour, and you know,

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<v Speaker 3>our things progress, yes, before you know it, they're doing

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<v Speaker 3>it all the time. So for instance, even at Easter,

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<v Speaker 3>there's nobody in for four days solid, not date or

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<v Speaker 3>night not in.

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<v Speaker 1>The pair had concerns about what they were being expected

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<v Speaker 1>to do jobs typically reserved for more trained positions like

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<v Speaker 1>mortuary technicians, as well as the conditions under which they

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<v Speaker 1>were expected to perform, and their issues were racking up.

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<v Speaker 1>They were being asked to move bodies that had been

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<v Speaker 1>dead for many months without proper ppe or any testing

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<v Speaker 1>done to ensure the bodies weren't infectious. They were told

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<v Speaker 1>to unwrap the deceased and remove personal effects, including jewelry

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<v Speaker 1>and false teeth. At one point, they were allegedly taught

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<v Speaker 1>how to wrap dead patients using a deceased woman as

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<v Speaker 1>a prop. They were also concerned that, given the lax procedures,

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<v Speaker 1>their own DNA might contaminate the bodies of crime victims.

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<v Speaker 1>This was all deeply distressing to them and undignified for

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<v Speaker 1>the deceased, and none of this had been part of

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<v Speaker 1>John's previous porter job at the hospital in Wrexham. So

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<v Speaker 1>the two look into the hospital's policy on mortuary practice.

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<v Speaker 4>We looked on the intranet's site for any policy or

0:14:23.560 --> 0:14:27.920
<v Speaker 4>standard operating procedures that were available. More policy really wasn't

0:14:27.920 --> 0:14:28.920
<v Speaker 4>it On the internet, it.

0:14:28.960 --> 0:14:33.000
<v Speaker 3>Would see sure if it was, if it was our job,

0:14:33.360 --> 0:14:34.920
<v Speaker 3>then we can't gripe about it.

0:14:34.960 --> 0:14:37.720
<v Speaker 4>But there was complete absence of it. There was nothing there.

0:14:38.440 --> 0:14:41.120
<v Speaker 4>So rings along bells straight away, now, doesn't it because

0:14:41.120 --> 0:14:43.560
<v Speaker 4>there's no risk assessment been done. If there's no policy

0:14:43.560 --> 0:14:46.920
<v Speaker 4>written up, there's no guidance, there's just nothing.

0:14:48.240 --> 0:14:51.720
<v Speaker 1>The response from the wider porter staff was varied when

0:14:51.720 --> 0:14:55.000
<v Speaker 1>it came to attending bodies that came in from the community.

0:14:55.640 --> 0:14:57.240
<v Speaker 3>Some just wouldn't do it, but there they said, I'm

0:14:57.280 --> 0:15:00.200
<v Speaker 3>not doing it, So it's goodwill then, isn't it. Some

0:15:00.240 --> 0:15:03.680
<v Speaker 3>will do it, some are reluctant, some don't mind. Some

0:15:03.720 --> 0:15:05.880
<v Speaker 3>would say I'll do it, but on my last shift

0:15:06.000 --> 0:15:09.360
<v Speaker 3>at midnight, I am not doing anymore because you don't

0:15:09.400 --> 0:15:10.280
<v Speaker 3>want to carry them memory.

0:15:11.680 --> 0:15:15.160
<v Speaker 1>In January twenty twenty four, John and Tom spoke to

0:15:15.200 --> 0:15:19.280
<v Speaker 1>the mortuary manager, encouraged by things they'd been told in training.

0:15:20.000 --> 0:15:22.520
<v Speaker 3>You did have training maybe once a year, and they'd say,

0:15:22.960 --> 0:15:25.240
<v Speaker 3>if you've got anything, please come and see us. We've

0:15:25.280 --> 0:15:27.960
<v Speaker 3>got a good ethos working ethos with you people. We

0:15:28.040 --> 0:15:30.400
<v Speaker 3>appreciate you, so I thought it'd be easy.

0:15:31.480 --> 0:15:33.120
<v Speaker 1>They raise their concerns.

0:15:33.600 --> 0:15:36.080
<v Speaker 3>You go, you say I used to work in Wrexam.

0:15:36.320 --> 0:15:38.800
<v Speaker 3>This is how we do it. It's much better, it's safer.

0:15:39.280 --> 0:15:41.880
<v Speaker 3>You don't do community deaths in wrexum do what allow

0:15:41.920 --> 0:15:44.400
<v Speaker 3>you in there? So they are undertakers and the columners

0:15:44.800 --> 0:15:47.160
<v Speaker 3>they have access and they do everything themselves. You just

0:15:47.200 --> 0:15:50.040
<v Speaker 3>get a forum, so you can imagine getting a form

0:15:50.080 --> 0:15:54.280
<v Speaker 3>compared to this that I'm o' seeing. This is it's

0:15:54.360 --> 0:15:58.080
<v Speaker 3>not right. It's not right. So I explain and it's immediate,

0:15:58.160 --> 0:16:00.720
<v Speaker 3>isn't it. You can just sense with people we don't

0:16:00.760 --> 0:16:05.120
<v Speaker 3>do that here. I'm like, okay, you don't do that,

0:16:05.520 --> 0:16:08.440
<v Speaker 3>but what about everybody's in the body big even on

0:16:08.480 --> 0:16:11.720
<v Speaker 3>the wards that way, Well, we don't do that here.

0:16:11.960 --> 0:16:12.640
<v Speaker 4>This is Chester.

0:16:12.840 --> 0:16:15.800
<v Speaker 3>This is Chester. Mate is shut us down then within.

0:16:15.680 --> 0:16:20.280
<v Speaker 1>Ten minutes, And this is probably a good moment to

0:16:20.360 --> 0:16:24.160
<v Speaker 1>remember that word Martin Pittman used at the beginning of

0:16:24.200 --> 0:16:28.640
<v Speaker 1>the episode, the word that whistleblowers use to describe their

0:16:28.760 --> 0:16:35.000
<v Speaker 1>view of how they are treated. Darvo, deny, attack, reverse

0:16:35.200 --> 0:16:39.000
<v Speaker 1>victim and offender. With their first attempt to bring up

0:16:39.040 --> 0:16:42.600
<v Speaker 1>the issue, they were told it was a non issue,

0:16:43.280 --> 0:16:47.200
<v Speaker 1>essentially deny, So the two porters decide to let it

0:16:47.280 --> 0:16:52.400
<v Speaker 1>go until John has to deal with a particularly disturbing image.

0:16:53.840 --> 0:16:56.880
<v Speaker 3>I had one more incident where it just sent me

0:16:56.880 --> 0:16:59.240
<v Speaker 3>over the edge, which was as you do open the fridge,

0:17:00.000 --> 0:17:01.000
<v Speaker 3>everyone should be covered.

0:17:02.480 --> 0:17:08.640
<v Speaker 1>It was just a head, a severed head, just sitting there.

0:17:09.560 --> 0:17:12.119
<v Speaker 3>And then I said, that is it. I'm going to

0:17:12.240 --> 0:17:12.760
<v Speaker 3>escalate it.

0:17:33.000 --> 0:17:37.440
<v Speaker 1>After one too many unpleasant experiences in the mortuary, John

0:17:37.520 --> 0:17:40.320
<v Speaker 1>and Tom escalate the issue.

0:17:40.560 --> 0:17:42.680
<v Speaker 3>The only avenue you've got his freedom to speak Up.

0:17:43.840 --> 0:17:47.080
<v Speaker 1>Freedom to Speak Up is an NHS initiative that allows

0:17:47.119 --> 0:17:51.680
<v Speaker 1>anyone working within the NHS to raise issues of patient safety,

0:17:52.160 --> 0:17:57.480
<v Speaker 1>poor practices, or bullying without fear of reprisal. An employee

0:17:57.560 --> 0:18:00.520
<v Speaker 1>raises the issue with the Freedom to Speak Up guardian

0:18:01.040 --> 0:18:05.040
<v Speaker 1>or their line manager. This is then reported directly to

0:18:05.119 --> 0:18:10.040
<v Speaker 1>the board and can be open, anonymous or confidential as requested.

0:18:12.359 --> 0:18:17.000
<v Speaker 3>You go see them, tell them, they're horrified. They seem genuine.

0:18:17.800 --> 0:18:21.040
<v Speaker 3>You tell them that we need to be anonymous because

0:18:21.320 --> 0:18:24.159
<v Speaker 3>you know our works. No one had any faith and

0:18:24.240 --> 0:18:26.760
<v Speaker 3>it did they to them really for freedom to speak up.

0:18:27.400 --> 0:18:31.440
<v Speaker 1>When you brought up these problems that the bodies were

0:18:31.480 --> 0:18:34.920
<v Speaker 1>just left uncovered, that you know, there was no protocol

0:18:34.960 --> 0:18:39.840
<v Speaker 1>to protect you from potential infection. All of that. I

0:18:39.720 --> 0:18:42.320
<v Speaker 1>imagine you brought up the emotional toll that that was

0:18:42.359 --> 0:18:44.679
<v Speaker 1>having on you, But did you also bring up just

0:18:45.280 --> 0:18:49.960
<v Speaker 1>the lack of dignity to the patient? Can you describe

0:18:49.960 --> 0:18:51.240
<v Speaker 1>how that conversation went?

0:18:52.160 --> 0:18:54.040
<v Speaker 4>That was one of our primary it was?

0:18:54.760 --> 0:18:57.320
<v Speaker 3>It was, yeah, it was a massive concern for me.

0:18:57.920 --> 0:18:59.680
<v Speaker 3>I just didn't think it was nice and I wouldn't

0:18:59.760 --> 0:19:02.320
<v Speaker 3>want it ending up saying I don't really want to

0:19:02.320 --> 0:19:05.159
<v Speaker 3>die here. As you go and you meet Freedom to

0:19:05.160 --> 0:19:09.080
<v Speaker 3>Speak Up, they are completely unaware of these things going on.

0:19:09.520 --> 0:19:12.040
<v Speaker 3>So after an hour you think they're actually really going

0:19:12.080 --> 0:19:16.320
<v Speaker 3>to do something about this, that the serious people are genuine,

0:19:16.359 --> 0:19:18.919
<v Speaker 3>aren't that You can tell that this lady's has no

0:19:19.040 --> 0:19:22.040
<v Speaker 3>idea this is going on, and she's going, can I

0:19:22.080 --> 0:19:24.080
<v Speaker 3>have your permission? I need to go and see the

0:19:24.240 --> 0:19:28.440
<v Speaker 3>CEO immediately about this, and she did, Are you coping?

0:19:28.520 --> 0:19:31.359
<v Speaker 3>And low? Does others feel? As everyone feel the same.

0:19:32.040 --> 0:19:35.120
<v Speaker 4>When Freedom to Speak Up reported it to the chief

0:19:35.160 --> 0:19:38.120
<v Speaker 4>operating Now for sir, she said she'd go on an

0:19:38.119 --> 0:19:41.840
<v Speaker 4>investigative journey to see and try and establish what was

0:19:41.840 --> 0:19:44.800
<v Speaker 4>wrong and try and get us some answers. But she

0:19:45.040 --> 0:19:50.000
<v Speaker 4>mirrored almost perfectly, and the questions that we'd asked rather

0:19:50.080 --> 0:19:52.000
<v Speaker 4>than say, oh, can I just come down and have

0:19:52.040 --> 0:19:54.119
<v Speaker 4>a look around? Would you be all right with that?

0:19:54.200 --> 0:19:56.280
<v Speaker 4>And would have said yes, and she could have done

0:19:56.320 --> 0:20:00.800
<v Speaker 4>it sort of covidly. The moltuary technician in question didn't

0:20:00.800 --> 0:20:04.199
<v Speaker 4>take much chapter two to realize that those questions were

0:20:04.200 --> 0:20:06.000
<v Speaker 4>the same ones that would ask find me and John

0:20:06.080 --> 0:20:08.240
<v Speaker 4>when we went in two weeks earlier.

0:20:09.160 --> 0:20:14.080
<v Speaker 1>At this point, the pair's anonymity is blown, the anonymity

0:20:14.160 --> 0:20:18.560
<v Speaker 1>that the freedom to speak up initiative promises. All sides

0:20:18.680 --> 0:20:22.120
<v Speaker 1>now know what the complaint is and who made it,

0:20:22.680 --> 0:20:26.720
<v Speaker 1>and life becomes way more difficult for the two porters

0:20:27.040 --> 0:20:30.800
<v Speaker 1>as they're questioned by management about whether they'd gone over

0:20:30.840 --> 0:20:34.439
<v Speaker 1>their heads to the board. Here we are at Darvo

0:20:34.640 --> 0:20:38.080
<v Speaker 1>letter a attack or accues.

0:20:38.280 --> 0:20:41.920
<v Speaker 3>So he took me access away. Tom's didn't get taken away,

0:20:41.920 --> 0:20:44.280
<v Speaker 3>but it was going to be next, so my access

0:20:44.320 --> 0:20:45.040
<v Speaker 3>gets removed.

0:20:46.280 --> 0:20:49.760
<v Speaker 1>John finds that his access to the mortuary is revoked.

0:20:50.520 --> 0:20:52.760
<v Speaker 1>Though the level of work that the pair were expected

0:20:52.800 --> 0:20:56.080
<v Speaker 1>to do was above their pay grade as porters, they

0:20:56.119 --> 0:21:00.200
<v Speaker 1>still had some reasonable responsibilities to fulfill, such as bring

0:21:00.200 --> 0:21:03.960
<v Speaker 1>bodies from other hospital wards to the mortuary, but John,

0:21:04.080 --> 0:21:07.040
<v Speaker 1>without his access could not fulfill those duties.

0:21:07.800 --> 0:21:11.760
<v Speaker 3>I went to see my MP about this and she

0:21:12.080 --> 0:21:16.040
<v Speaker 3>warned me. She actually said this is very, very concerning

0:21:16.440 --> 0:21:19.679
<v Speaker 3>and I said, yeah, of course. She said are you

0:21:19.720 --> 0:21:22.920
<v Speaker 3>sure you want to do this? And I said explain.

0:21:23.160 --> 0:21:27.320
<v Speaker 3>She said, see, come for you. You will be targeted.

0:21:28.000 --> 0:21:30.320
<v Speaker 3>Are you in a union? I suggest you join one?

0:21:30.359 --> 0:21:32.879
<v Speaker 3>If you're not, I wouldn't shot, but I knew it,

0:21:32.880 --> 0:21:34.639
<v Speaker 3>but I was shot. Me MP with selling me to

0:21:34.760 --> 0:21:35.280
<v Speaker 3>watch out.

0:21:36.560 --> 0:21:40.520
<v Speaker 1>John shows me the subject access request. This is a

0:21:40.600 --> 0:21:44.960
<v Speaker 1>UK system that allows employees to access all correspondents about

0:21:45.000 --> 0:21:50.960
<v Speaker 1>themselves written by other staff members, emails, performance reviews, instant messages.

0:21:51.840 --> 0:21:55.600
<v Speaker 1>John requested access to all that back in June twenty

0:21:55.640 --> 0:21:59.280
<v Speaker 1>twenty four. A year later, the documents arrive.

0:22:00.240 --> 0:22:02.679
<v Speaker 3>So this is where the circle the wagons were. They

0:22:02.720 --> 0:22:05.720
<v Speaker 3>suppressed it and now when you get it, of course

0:22:05.760 --> 0:22:10.800
<v Speaker 3>it's horrifying. So this is the interview notes that the

0:22:10.880 --> 0:22:14.200
<v Speaker 3>mortuary manager. So they've got to justify why's done it?

0:22:15.720 --> 0:22:20.199
<v Speaker 1>We don't know the infection status. Some have suffered traumatic deaths.

0:22:20.320 --> 0:22:23.760
<v Speaker 1>I think there were five justifications put into our sop.

0:22:24.400 --> 0:22:26.399
<v Speaker 1>That is only community deaths.

0:22:27.359 --> 0:22:30.720
<v Speaker 3>So that's where the admittance that there's no infection the

0:22:30.760 --> 0:22:33.119
<v Speaker 3>PP and it wasn't an adequate by the way which

0:22:33.320 --> 0:22:35.720
<v Speaker 3>they did change it, which was one thing, but it

0:22:35.800 --> 0:22:39.800
<v Speaker 3>shows the PPE wasn't right and there's no infection, So

0:22:39.840 --> 0:22:40.920
<v Speaker 3>that refers to that.

0:22:42.000 --> 0:22:45.280
<v Speaker 1>I took John off. The mortuary authorized the list on

0:22:45.480 --> 0:22:46.240
<v Speaker 1>Net two.

0:22:46.320 --> 0:22:48.359
<v Speaker 3>So that's you swipe to get in.

0:22:48.800 --> 0:22:51.800
<v Speaker 1>I am aware there is an escalation process to follow.

0:22:52.880 --> 0:22:55.679
<v Speaker 1>To me, when someone says something like that, to me,

0:22:56.200 --> 0:22:58.680
<v Speaker 1>it looks like they have something to hide and not

0:22:58.800 --> 0:23:02.640
<v Speaker 1>wanting to be discovered. Yes, I acted in haste, then

0:23:02.960 --> 0:23:06.200
<v Speaker 1>with a logical thought perspective, I was acting out of

0:23:06.320 --> 0:23:09.840
<v Speaker 1>duty of candor for the patients. That comment made me

0:23:09.880 --> 0:23:11.600
<v Speaker 1>feel he had something to hide.

0:23:12.840 --> 0:23:16.639
<v Speaker 3>So that is the reason that my accessor was moved.

0:23:16.640 --> 0:23:19.760
<v Speaker 3>That I had something to hide. I didn't want to

0:23:19.760 --> 0:23:23.120
<v Speaker 3>be discovered in a mortuary setting. So he then goes

0:23:23.160 --> 0:23:24.560
<v Speaker 3>on to say, when we get this, do.

0:23:24.640 --> 0:23:27.359
<v Speaker 1>I mean was something to hide in a mortuary setting?

0:23:27.720 --> 0:23:31.840
<v Speaker 3>Well, tops see twenty four thousand dollars question.

0:23:33.160 --> 0:23:35.840
<v Speaker 1>John shows me the interview from the head of nursing

0:23:36.080 --> 0:23:39.280
<v Speaker 1>who believed that the mortuary manager was acting out of

0:23:39.320 --> 0:23:43.360
<v Speaker 1>concern for deceased patients when he revoked your mortuary access

0:23:43.800 --> 0:23:48.080
<v Speaker 1>rather than because you raised any concerns. So she's denying.

0:23:47.640 --> 0:23:50.560
<v Speaker 3>That, but she asked that that the reason was he

0:23:50.600 --> 0:23:53.400
<v Speaker 3>did it out of concern for deceased patients.

0:23:53.400 --> 0:23:56.399
<v Speaker 1>So as if you were doing something to deceased patients. Yea.

0:23:57.400 --> 0:24:00.920
<v Speaker 1>So here we arrive very firmly at the final stage

0:24:01.040 --> 0:24:05.600
<v Speaker 1>of DARVO, the RVO reverse victim and offender.

0:24:06.359 --> 0:24:09.440
<v Speaker 3>So there's three phrases there that that's the reason my

0:24:09.520 --> 0:24:12.359
<v Speaker 3>access was taken away was because I had something to

0:24:12.480 --> 0:24:15.240
<v Speaker 3>hide and I didn't want to be discovered. And he

0:24:15.320 --> 0:24:17.879
<v Speaker 3>did it a concern for deceased patients.

0:24:18.880 --> 0:24:22.640
<v Speaker 4>We interpreted that would pose a risk to disease.

0:24:22.400 --> 0:24:27.800
<v Speaker 1>Pictures because you brought up concerns about the conditions of

0:24:27.880 --> 0:24:33.200
<v Speaker 1>deceased patients. Another manager went even further in their statement

0:24:33.400 --> 0:24:35.960
<v Speaker 1>as to why John's access was revoked.

0:24:36.640 --> 0:24:40.520
<v Speaker 3>This is career threatening, this is so our highest band manager.

0:24:41.119 --> 0:24:44.400
<v Speaker 3>She said, it was bordering on a safeguarding issue. Why

0:24:44.560 --> 0:24:48.680
<v Speaker 3>remove the access? So there's four things there that mean

0:24:48.880 --> 0:24:52.399
<v Speaker 3>only one thing to I think to anyone normal. Really,

0:24:52.520 --> 0:24:54.360
<v Speaker 3>the suggestion that sinister.

0:24:55.080 --> 0:24:59.760
<v Speaker 1>All these statements, when put together, are saying without saying

0:25:00.080 --> 0:25:04.119
<v Speaker 1>that they've revoked John's access, not out of retaliation for

0:25:04.200 --> 0:25:08.240
<v Speaker 1>his grievances with the job conditions, but because they believe

0:25:08.600 --> 0:25:12.960
<v Speaker 1>John is up to something in the mortuary, something he

0:25:13.040 --> 0:25:17.560
<v Speaker 1>wants to hide, something that poses a risk to deceased

0:25:17.680 --> 0:25:23.080
<v Speaker 1>patients who need safeguarding. John concluded that they were accusing

0:25:23.160 --> 0:25:26.080
<v Speaker 1>him of sexual acts with the dead.

0:25:26.880 --> 0:25:31.639
<v Speaker 3>Since the allegations so that point, I'm wrong, dude in

0:25:31.680 --> 0:25:35.720
<v Speaker 3>a Moltary city. Yeah, it's secretly so that was tough

0:25:35.760 --> 0:25:38.200
<v Speaker 3>to take. But at that point I said that that's it.

0:25:38.680 --> 0:25:41.520
<v Speaker 3>What'll we both did, but not until that's removed because

0:25:41.520 --> 0:25:43.879
<v Speaker 3>that's on our file. It's a grieving so it's on

0:25:43.960 --> 0:25:46.960
<v Speaker 3>your file. The plain meaning of that is risk. That's

0:25:47.000 --> 0:25:49.680
<v Speaker 3>what we said. Risk. That's the word with a risk

0:25:50.359 --> 0:25:52.240
<v Speaker 3>if you've got something to hide and don't want to

0:25:52.240 --> 0:25:54.800
<v Speaker 3>be discovered, and they've done it only out of concern

0:25:54.880 --> 0:25:57.679
<v Speaker 3>for deceased patients, and it's a safeguard of issue with

0:25:57.800 --> 0:25:58.200
<v Speaker 3>a risk.

0:25:59.359 --> 0:26:02.480
<v Speaker 1>Tom and John weren't the only ones who concluded that.

0:26:03.160 --> 0:26:06.120
<v Speaker 1>John said he received a text message asking him if

0:26:06.119 --> 0:26:09.119
<v Speaker 1>he'd been caught with his pants down in the mortuary

0:26:09.520 --> 0:26:12.200
<v Speaker 1>and had to put up with jokes from other staffers

0:26:12.240 --> 0:26:16.680
<v Speaker 1>insinuating that he was a necrophiliac. John felt he had

0:26:16.720 --> 0:26:20.480
<v Speaker 1>to take action to make sure further accusations could not

0:26:20.600 --> 0:26:21.760
<v Speaker 1>be made about him.

0:26:22.160 --> 0:26:25.359
<v Speaker 3>So at that point we said, until it's removed, I

0:26:25.400 --> 0:26:27.880
<v Speaker 3>will not work with the patient alive the dead.

0:26:29.040 --> 0:26:31.720
<v Speaker 4>When we said we wanted that the risk allegations, all

0:26:31.760 --> 0:26:36.280
<v Speaker 4>these four bits of information removed, rather than removing them

0:26:36.320 --> 0:26:38.880
<v Speaker 4>because you can't remove it until you appeal, the process

0:26:39.600 --> 0:26:44.040
<v Speaker 4>facilities then issued a contradictory statement that said that we

0:26:44.040 --> 0:26:44.880
<v Speaker 4>weren't a rich.

0:26:46.000 --> 0:26:50.159
<v Speaker 1>So the abruptly reversed course, requesting they go back to

0:26:50.280 --> 0:26:54.879
<v Speaker 1>full duties without removing the sinister insinuations from their file.

0:26:55.720 --> 0:26:59.320
<v Speaker 1>But John refused to return to full duties until those

0:26:59.359 --> 0:27:03.720
<v Speaker 1>accusations were removed, and it took the tribunal to make

0:27:03.760 --> 0:27:04.440
<v Speaker 1>that happen.

0:27:05.200 --> 0:27:09.040
<v Speaker 3>In the parallel world, they're saying, we never said you're

0:27:09.080 --> 0:27:12.840
<v Speaker 3>a risk. I'm saying put your tribunal. You're saying it

0:27:12.880 --> 0:27:17.040
<v Speaker 3>was solely removed because there's a risk element, a safeguarding issue.

0:27:17.320 --> 0:27:22.000
<v Speaker 3>You're saying it under oath. So we do this, I

0:27:22.119 --> 0:27:24.520
<v Speaker 3>do it for about four months, three months, and then

0:27:24.560 --> 0:27:27.040
<v Speaker 3>it gets taken off at the appeal. The day it

0:27:27.080 --> 0:27:29.919
<v Speaker 3>got removed, I said, I will now go back to

0:27:29.960 --> 0:27:30.720
<v Speaker 3>full duties.

0:27:31.760 --> 0:27:37.000
<v Speaker 4>It later emerged that they'd use this contradictory document to

0:27:37.040 --> 0:27:40.359
<v Speaker 4>get you on an insubordination charge for not doing what

0:27:40.400 --> 0:27:41.280
<v Speaker 4>they'd ask you to do.

0:27:43.080 --> 0:27:47.120
<v Speaker 1>In November twenty twenty five, the pair appear in tribunal

0:27:47.160 --> 0:27:50.560
<v Speaker 1>and give their evidence, but the core proceedings are cut

0:27:50.600 --> 0:27:54.400
<v Speaker 1>short when one of the trust's key witnesses cannot attend

0:27:54.880 --> 0:27:57.879
<v Speaker 1>and the case is adjourned to April twenty twenty six.

0:27:58.840 --> 0:28:00.800
<v Speaker 1>They are immediately put on leave.

0:28:01.880 --> 0:28:04.280
<v Speaker 4>When we got all the emissions that we wanted from

0:28:04.320 --> 0:28:07.320
<v Speaker 4>the chief operating officer of the trust, we thought there's

0:28:07.359 --> 0:28:09.560
<v Speaker 4>no real reason why we should stay off because she

0:28:09.640 --> 0:28:11.919
<v Speaker 4>agreed to make loads of changes that we'd asked for.

0:28:12.880 --> 0:28:15.639
<v Speaker 4>So we thought, well, that's our dispute settled. So we

0:28:15.720 --> 0:28:18.919
<v Speaker 4>wanted to go back to it because the one control

0:28:18.960 --> 0:28:21.480
<v Speaker 4>they've got over you, it's your finances, isn't it. Because

0:28:21.520 --> 0:28:24.159
<v Speaker 4>they'd just run you down with sick pay and stuff

0:28:24.200 --> 0:28:27.280
<v Speaker 4>like that, and you end upon half your pay. Everything's

0:28:27.280 --> 0:28:29.760
<v Speaker 4>still the same price in the shops, isn't it. So

0:28:30.840 --> 0:28:32.840
<v Speaker 4>we wanted to go back to it because we both

0:28:32.880 --> 0:28:36.080
<v Speaker 4>sort of enjoyed the job, didn't we Even before all

0:28:36.119 --> 0:28:37.119
<v Speaker 4>this happened.

0:28:38.160 --> 0:28:41.760
<v Speaker 1>In twenty twenty six. The judge finally ruled in favor

0:28:41.840 --> 0:28:46.040
<v Speaker 1>of the porters, stating that the respondent's position about pay

0:28:46.080 --> 0:28:50.120
<v Speaker 1>grade was not irrelevant. The claimants were right to set

0:28:50.120 --> 0:28:53.360
<v Speaker 1>out that the risk all porters were exposed to was

0:28:53.480 --> 0:28:56.960
<v Speaker 1>disproportionate to their pay grade and not something that was

0:28:57.000 --> 0:29:00.760
<v Speaker 1>required in their job description. Because wards staff were not

0:29:00.880 --> 0:29:04.800
<v Speaker 1>complying with the policy, they were required to carry out

0:29:04.920 --> 0:29:09.479
<v Speaker 1>checks contrary to the respondent's policy. The claimant's belief that

0:29:09.560 --> 0:29:13.440
<v Speaker 1>their disclosure was in the public interest was reasonable. The

0:29:13.520 --> 0:29:18.280
<v Speaker 1>respondent has conceded that if the disclosures were qualifying, they

0:29:18.320 --> 0:29:21.720
<v Speaker 1>would be protected because they were made to the employer.

0:29:22.640 --> 0:29:26.760
<v Speaker 1>The tribunal also ruled that removal of mortuary access meant

0:29:26.800 --> 0:29:31.160
<v Speaker 1>mister Creighton could not complete his duties. It added the

0:29:31.200 --> 0:29:34.640
<v Speaker 1>first claimant's role, as we know from the job description,

0:29:35.200 --> 0:29:39.800
<v Speaker 1>involved mortuary duties. How do you feel when the judge

0:29:39.880 --> 0:29:42.960
<v Speaker 1>ruled in your favor, a.

0:29:43.040 --> 0:29:46.360
<v Speaker 4>Complete release of pressure for over two and a half years.

0:29:46.520 --> 0:29:52.160
<v Speaker 4>It was a bitter sweet, really relieved.

0:29:52.360 --> 0:29:55.520
<v Speaker 3>I felt vindicated. The most up thing out the whole

0:29:55.520 --> 0:29:57.440
<v Speaker 3>thing is when the judge said that we were creditable

0:29:59.160 --> 0:30:01.720
<v Speaker 3>and to me to say that we were creditable suggests

0:30:01.720 --> 0:30:02.160
<v Speaker 3>that they're not.

0:30:03.720 --> 0:30:07.040
<v Speaker 1>It was a long tough road, but they got the

0:30:07.120 --> 0:30:10.680
<v Speaker 1>outcome they wanted, even if it came at a cost.

0:30:11.680 --> 0:30:14.960
<v Speaker 4>It's sad that it's during the course of this case.

0:30:15.760 --> 0:30:19.200
<v Speaker 4>It's completely destroyed that both of our relationships with our

0:30:19.200 --> 0:30:20.680
<v Speaker 4>wives and girlfriends.

0:30:22.200 --> 0:30:26.040
<v Speaker 3>We didn't see it as a victory. It was they

0:30:26.080 --> 0:30:30.080
<v Speaker 3>painted the light. We've done it for compensation, We've done

0:30:30.080 --> 0:30:35.840
<v Speaker 3>it for selfish reasons, or completely untrue. It's just their defenses,

0:30:36.680 --> 0:30:40.440
<v Speaker 3>as if it was a grand plan from me. So

0:30:40.520 --> 0:30:43.760
<v Speaker 3>the plan was that COVID would come, I'd lose my job,

0:30:44.080 --> 0:30:47.960
<v Speaker 3>I'd go and work at Rexham and then after four

0:30:48.040 --> 0:30:51.800
<v Speaker 3>years I'd transfer to the Countess. Then I'd go to

0:30:51.880 --> 0:30:54.440
<v Speaker 3>Freedom to speak up. Who would completely cock it up.

0:30:55.080 --> 0:30:57.800
<v Speaker 3>Then this guy had removed me access, then they'd say

0:30:57.840 --> 0:31:00.640
<v Speaker 3>I was a risk to deceased, and then they get

0:31:00.640 --> 0:31:05.080
<v Speaker 3>compensation of what plan? I mean, ridiculous.

0:31:09.080 --> 0:31:12.560
<v Speaker 1>Reflecting on the story of these two porters, I'm struck

0:31:12.600 --> 0:31:17.080
<v Speaker 1>by how much the institution fought to protect itself against

0:31:17.120 --> 0:31:22.200
<v Speaker 1>a claim of poor conditions and improper policy by two whistleblowers.

0:31:22.960 --> 0:31:26.640
<v Speaker 1>How the Countess of Chester would apparently sooner let people

0:31:26.720 --> 0:31:31.240
<v Speaker 1>believe it might have a necrophiliac on staff, rather than

0:31:31.280 --> 0:31:36.560
<v Speaker 1>address reasonable safety and dignity concerns. How in the same

0:31:36.640 --> 0:31:42.160
<v Speaker 1>hospital years earlier, a small group of consultants would apparently

0:31:42.440 --> 0:31:46.960
<v Speaker 1>sooner believe there's a serial killer on the payroll, rather

0:31:47.000 --> 0:31:51.840
<v Speaker 1>than dig deep into the systems, protocols and environment that

0:31:51.960 --> 0:31:57.080
<v Speaker 1>could be factors contributing to their poor outcomes. As I

0:31:57.160 --> 0:32:00.880
<v Speaker 1>learned from Mark MacDonald and MP David Davis, it's not

0:32:01.160 --> 0:32:07.240
<v Speaker 1>just the Countess. Last week, childbirth expert Donna Ackenden published

0:32:07.240 --> 0:32:11.240
<v Speaker 1>an explosive report commissioned by the Secretary of State for

0:32:11.400 --> 0:32:15.640
<v Speaker 1>Health and Social Care into the Nottingham University's Hospital Trust.

0:32:16.440 --> 0:32:20.840
<v Speaker 1>It found that over five hundred women and newborn babies

0:32:21.160 --> 0:32:26.640
<v Speaker 1>had experienced potentially avoidable outcomes and deaths due to substandard

0:32:26.760 --> 0:32:34.360
<v Speaker 1>care over thirteen years. Whistleblowers going forward will have to

0:32:34.400 --> 0:32:39.560
<v Speaker 1>become an essential part of reversing these systemic failures. As such,

0:32:40.080 --> 0:32:44.480
<v Speaker 1>they need to be encouraged and protected. That's true for

0:32:44.560 --> 0:32:49.640
<v Speaker 1>the NHS and for other organizations like the Crown Prosecution Service.

0:32:50.480 --> 0:32:54.840
<v Speaker 1>Getting them to take responsibility won't be easy. I know

0:32:55.080 --> 0:32:59.680
<v Speaker 1>firsthand what lengths. Such institutions will go to to cover

0:32:59.720 --> 0:33:04.840
<v Speaker 1>their own own shortcomings, and so I believe does Lucy

0:33:04.920 --> 0:33:13.680
<v Speaker 1>let Be. That's it for this series of bonus episodes,

0:33:14.240 --> 0:33:20.360
<v Speaker 1>but look out for more as the story develops. Doubt.

0:33:20.640 --> 0:33:23.840
<v Speaker 1>The Case of Lucy Ledbe is brought to you by Vespucci,

0:33:24.280 --> 0:33:29.200
<v Speaker 1>iHeart Podcasts and Knox Robinson Productions. I've been your host

0:33:29.320 --> 0:33:33.680
<v Speaker 1>Amanda Knox. This episode was written by Isis Thompson and

0:33:33.760 --> 0:33:39.120
<v Speaker 1>Christopher Robinson. The producer was Isis Thompson. The assistant producer

0:33:39.320 --> 0:33:44.360
<v Speaker 1>was Amy Gill. Senior producer was Natalia Rodriguez. The sound

0:33:44.360 --> 0:33:48.000
<v Speaker 1>designer is Chandler Mays. The theme music was written by

0:33:48.040 --> 0:33:53.280
<v Speaker 1>Tom Biddle, story editing by Natalia Rodriguez. Legal advice for

0:33:53.320 --> 0:33:57.080
<v Speaker 1>the series was provided by Jack Browning. The producers at

0:33:57.120 --> 0:34:02.160
<v Speaker 1>iHeart Podcasts are Chandler Mays and Trina Norville. The executive

0:34:02.160 --> 0:34:07.240
<v Speaker 1>producers were Joe Meek, Amanda Knox, Christopher Robinson, Daniel Turkin,

0:34:07.560 --> 0:34:08.719
<v Speaker 1>and Johnny Galvin.