Sheila will try to answer as many of your English Social Care questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.
Staff refusal of appraisal and development
Can staff refuse an Appraisal and to Develop their existing skills for example the administration of medicines?
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.
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
What would you like to ask Sheila?
Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.
Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.
Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.