Can staff refuse an Appraisal and to Develop their existing skills for example the administration of medicines?

Answered by Sheila Scott

Dear Angela,

I have sought advice from QCS’s employment law advisers, Napthens (http://www.napthens.co.uk/) and this is our joint response.

You should have in place a policy about training, appraisal and development and what your expectations are.  This way, you can direct the employee to the policy if they refuse to attend an appraisal or to develop their skills.

In any event, requiring your employee to undergo an appraisal or training in connection with an important aspect of their role is likely to amount to a reasonable management instruction.  If the employee refuses to comply with the instruction, this could give rise to disciplinary action, depending on the reasons for their refusal.

With regard to training and development staff must receive training if they are to carry duties in a care home for instance they cannot be involved in lifting a service user unless they have had the appropriate training, nor can a member of staff handle medication unless they have had the appropriate training.

Skills for Care give information about training in the Care Sector. It is important that all members of staff keep up to date with training and are made aware of latest developments.

http://www.skillsforcare.org.uk/Skills/Health-and-safety/Health-and-safety.aspx

There is also information at http://www.hse.gov.uk/pubns/indg345.pdf

HSE publish a book called Health and Safety in care homes which tells you exactly what to do and what your legal obligations are. http://www.hse.gov.uk/pubns/books/hsg220.htm

Best wishes.

Sheila