Duty of care

Case study

Dr Z, a Renal Consultant, was contracted to perform four ward rounds annually. Prior to a restructuring, Dr Z was supported by three other consultants. Following the restructuring, Dr Z became the sole Renal Consultant on the ward. This change significantly increased Dr Z’s workload due to a rise in renal patients transferred from medical wards.

Dr Z raised these concerns with the Trust, but no additional support was provided. Dr Z sought clarification on whether the Trust was contractually obligated to provide support.

MDS Advice & Outcome

MDS reviewed Dr Z’s employment contract and applicable legal principles, and advised Dr Z of the following:

Mutual Obligations: The Trust is bound by mutual obligations to ensure the best outcomes for patients. A lack of appropriate support that compromises patient safety constitutes a breach of these obligations.
Common Law Duty of Care: The Trust owes Dr Z a common law duty of care, which includes providing a safe working environment and preventing work-related stress. This duty is implied within the employment contract and extends beyond its explicit terms.

Based on this advice, Dr Z engaged in further discussions with the Trust, specifically raising the patient’s safety concerns and the stress caused by the lack of support.

Learning points

Employers have a fundamental duty of care towards their employees, which extends beyond the explicit terms of the employment contract.
This duty of care includes providing a safe working environment, preventing work-related stress, and ensuring adequate resources to fulfil job responsibilities.
When changes in an employee’s role or workload occur, employers must assess the impact on the employee’s well-being and patient safety and provide the necessary support.
Open communication between employees and employers is crucial to address concerns and find resolutions.

Conclusion

In summary, this case highlights the importance of an employer’s duty of care towards its employees, particularly in situations of increased workload and potential risks to patient safety. Open communication and a clear understanding of mutual obligations are essential for resolving such issues.

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