Thursday 3 February 2011

Oh Matron............


Before I take a break away from the blog for a month I thought I would leave you with this recent decision of the Court of Appeal in Bowater v North West London Hospitals NHS Trust.


The nurse in this case whilst trying to restrain a naked patient found she had to climb onto the trolley to assist. This meant that she ended up straddling the naked patient’s genitals. She then came out with the line, “It's been a few months since I have been in this position with a man underneath me."


There are certainly some people who might regard this behaviour as unacceptable (the NHS Trust being such a person) but for me this touch of comic genius (it is all in the timing!) did not deserve a gross misconduct dismissal.


Fortunately for Ms Bowater the Trust's lack of humour has been overturned on appeal by the Court of Appeal (see link below).


http://www.bailii.org/ew/cases/EWCA/Civ/2011/63.htm


On the facts it is absolutely clear that this was the correct decision. Whilst not wanting to turn the clock back to ‘Carry On’ humour, it would be a very sad for this country if a nurse could not come out with such a comment for fear of being dismissed. After all the patient was not listening, she was only laughing at herself and at the end of a 12 hour shift it is generally very difficult to raise a smile!


"Dr please, I want to be wooed" (Hattie Jacques)


"You can be as wude as you like matron." (Kenneth Williams)

Peter D

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