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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44412
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer Question

. Dear sir/madam.

I have been working at the chelsea westminster hospital for 7 years employed by the bank office within the hospital. In the last three years i have gained at degree level the chemotherapy course and have been adminstering chemotherapy to cancer patients.

I did this course so i could improve my wage at the end of each week. I have been putting on my time sheet special band 5 . I have nonce or twice handed in the blue sheet. I never was asked and when i got my timesheets back from being signed it always had the blue sheet in it, eventually i would discard with my own yellow sheet.

Since then i have been dismissed from work not sure if its this because i accidentially didnt put the special rate on the blue form and handed it in as a band 5 to the ward. but my white sheet had the special rate on it as i check it everytime i go to the bank office. This has not changed since i started work on the cancer unit.

I spoke with the manager of the bank office he told me i was not allowed back to work because of investigation. at the same time i had an incident with a nurse on the cancer unit over the uncleanliness of the treatment room and uttered " for f sake why is this room never cleaned.... with this there i have to write a statement of events.

can you help me.
kind regards
frances carroll
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what specific questions do you have about your situation?
Customer: replied 3 years ago.

have you read my information and if so do you think i will be done for fraud. and will i have to resign



Customer: replied 3 years ago.

have you read my onformatin sent

Expert:  Ben Jones replied 3 years ago.
I did read it but you did not ask any specific questions. Anyway, you mention that you were dismissed but then ask if you should resign - can you please clarify
Customer: replied 3 years ago.

if i ask if i should resign will they do further investgiations

if i offer to resign...

Expert:  Ben Jones replied 3 years ago.
ok but you say you have already been dismissed, so how can you resign if your employment has already been terminated?
Customer: replied 3 years ago.


ben they told me that i could not work there until the investigation for what happened on the unit and the time sheets it could i was told take up to two months..... do you think this is dismissal.

Expert:  Ben Jones replied 3 years ago.
Being placed on suspension is not necessarily an indication of guilt and there is certainly no guarantee that this will go any further. Under employment law, an employer has a duty to conduct an investigation before taking formal disciplinary action and suspension is primarily used as a precautionary measure whilst that is taking place. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.

Nevertheless, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is however acceptable to be suspended if there is an allegation of gross misconduct or if the presence of the employee in the workplace could potentially damage any investigation or have some other negative impact.

If the employer’s investigation collects enough evidence to justify disciplinary action only then should they consider going down that route. If that does happen the employee has the right to be informed in advance of the allegations against them and will get the opportunity to formally defend them at the disciplinary hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop the issue and allow the employee to return to work as normal.

You may consider resigning but if you do so you would be expected to serve your notice period and during that time your employer can still go ahead with the disciplinary and even dismiss if necessary. However, they could agree that you leave immediately and that they drop the matter and you both go your own separate ways - it is really for the employer to decide.

As to fraud charges, this depends first of all on whether the employer reports this to the police. After that the police will also make their own investigation and they would really need to show that you had acted deliberately before they take this further.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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