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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for the nhs non clinical, i have been off work for 2

Resolved Question:

i work for the nhs non clinical, i have been off work for 2 months due to work related stress,after being off for 1 month i was advised by the unison shop steward that a formal complaint had been raised against me and that i would find out what when i came back to work, i have attempted to find out what the complaint is but i am told that i will not be advised until i return to work. my question is that since the rules on dealing with people off work with work related stress have been broken , do i have the right to demand full disclosure as to what the complaint is.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you tell me how long you have worked for your employer? Please can you also advise whether your employer has written to inform you of this?

Customer: replied 1 year ago.
i have worked for nhs for the last 9 years, i have not had anything in writing but my manager has confirmed to the unison area sec that 2 formal complaints have been raised, i am off work because i raised 3 informal complaints about senior staff refusing to help me when asked , verbal public humiliation, my work computer being disconnected and a junior manager ordering me to deliberatly do work incorrectly.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Legally there is no right to be told of any allegations against you until you are actually due to attend a formal disciplinary hearing to answer such allegations. Someone may have complained about you but the employer is not obliged to tell you details of this complaint and the first step they may take is to investigate these allegations and ask you to attend an investigatory meeting. That is where you may find full or partial details of what the complaint may be about but the employer is not required to give you full details yet. If the investigation then gives them enough evidence to justify further action, such as a disciplinary, that is when you can expect to be given full details of the complaint to allow you to fairly defend yourself. Until a formal disciplinary has been arranged and is due to take place, you do not have the legal right to demand details of the complaints and they can withhold this until you are ready to attend an investigatory or formal disciplinary hearing.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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