Recommendations
Chapter 8. The van Velzen Years
Relationship Between Universities and Trusts
Whatever the underlying contractual position, the relationship
between Universities
and Trusts, in respect of individuals and departments with dual
clinical and academic
functions, shall be one of the utmost good faith in both directions.
The duty of utmost good faith shall require either party to disclose
to the other any substantial matter relating to the performance
of the individual or department, whether clinical or academic.
Where there is any doubt as to whether a matter is of a substantial
nature, if it relates to patient care the doubt shall always be
resolved in favour of disclosure.
The appointment of clinical academics shall be approached with
fair representation on each side reflecting the proposed split between
clinical and academic sessions.
The appointment of external advisors shall be approached on the
basis that they are truly external, if not strictly independent
in a legal sense. There is no point having external advisers as
‘window dressing’ for a fixed internal view. Where they
or representatives of the Royal Colleges give advice, proper weight
shall be given to that advice. In giving advice, external advisers
shall bear in mind the paramount requirement of patient care where
there is a conflict of interest.
A single job description for clinical academics shall be drawn
up jointly to represent a fair and realistic expectation of the
work envisaged by both parties.
There shall be a joint procedure for disciplinary action against
an individual perceived to be failing. It shall contain provision
for immediate suspension from patient care as a minimum, irrespective
of academic requirements and positions.
There shall be formal annual appraisal of an individual by both
parties. They shall share their information in line with the duty
of utmost good faith in order to draw up a joint statement of aims
in the following 12 months against which the next appraisal is to
be judged.
Where there is disagreement each party shall reconsider bearing
in mind that patient care is of paramount importance. In the event
of continued disagreement an arbitrator may be appointed, but in
any case the Trust shall take immediate steps to secure proper patient
care.
The relationship between Universities and funding bodies shall
be of the utmost good faith and similar considerations shall apply.
