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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45389
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was dismissed from my employment as a midwife on 4th July

Resolved Question:

I was dismissed from my employment as a midwife on 4th July 2014. I had received a final written warning in august for gross misconduct in asking a junior doctor to write a prescription for some pain relief for my daughter. In January of this year I was suspended on the allegation of taking medication from the drug trolley at work, something I disputed and which was not upheld. That disciplinary hearing was chaired again by the acting head of midwifery. I did not feel that this should have been the case and feel that the Trust was in breach of its own disciplinary procedures. I was told that the outcome of the disciplinary was dismissal due to not completing my e/learning and mandatory study days within 8wks of my return to work in December 2013. I appealed against the decision on the grounds of the same manager chairing both of the disciplinaries, and the fact that due to problems with accessing the e/learning system from home and only four days allocated to do this at work, coupled with the fact that the fourth study day allocated was on my suspension therefore I could not do this was unfair. I also brought to the attention of the appeal panel that instead of dismissing me they could have downgraded me. I had worked for the health service for a total of 32years prior to this with an unblemished record. I do feel that at the end of the day they used me as an example to my colleagues. What can I do about this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Was your service unbroken?

Customer:

No it was worked out that I had 24yrs unbroken service

Customer:

Are you still there?

Ben Jones :

Yes I am still here, just need to get my response ready

Customer:

Ok

Ben Jones :

Now that you have been dismissed from your employment, the only option you have of taking this matter further is to claim unfair dismissal in the employment tribunal. There are no other steps available to you where you can still challenge this directly with the employer. There is a strict time limit of 3 months to submit a claim so you must do so no later than 3 October, which is quite soon. Before you are able to make a claim you must go through ACAS and use their early conciliation service where they will act as a mediator between you and the employer to try and come to some sort of agreement over a financial settlement in order to avoid you having to go to tribunal. However, if that cannot be agreed you will be allowed to submit your claim. Once you contact ACAS this will put a stop to the time limit for claiming so you will not miss out on the deadline, but once that process has finished the time will start running again and you will have a short space of time to submit your claim and take this further if you wanted to.

Customer:

Ok, thanks for your help.

Ben Jones :

you are welcome

Customer:

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Ben Jones :

Thanks, ***** ***** best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45389
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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