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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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In August 2011 while I was employed as a staff nurse by NHS

Resolved Question:

In August 2011 while I was employed as a staff nurse by NHS Lothian in the learning disability service an allegation was made against me that I had taken a chairbound patient out into heavy rain while she was inappropriately dressed and left her in the rain while I sheltered under the overhang at the door. This was not what happened. It had been raining and I had taken her to the door to show her this was why we were not taking her out as she responded to visual stimulus. When I opened the door it was not raining so we went outside for no more than two or three minutes as the rain came back on, and I then brought her back inside as quickly as possible. At no time was I standing doing nothing. It was also alleged that the patient was distressed which was also untrue. When it finally came to disciplinary hearing in October 2012 the panel accepted that I had not done what the allegations said I had, but summarily dismissed me because they said there were alternative actions I could have taken, but I was never given the opportunity to respond to them. I know that there is only a two month time limit for employment tribunal, and I know I have just given the basics here, but I had worked for the same employer's since June 1986, with a completely unblemished record. I just wanted to know if I possibly have a case for wrongful dismissal in the law courts. I look forward to hearing from you. XXXXX XXXXXlon
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What do you hope to achieve please?

Customer:

I want my name cleared for something I did not do

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Thanks for your patience. You cannot make a claim for wrongful dismissal in the civil courts because that is simply a dismissal in breach of contract. For example, you were not given the contractual notice period you were due or the employer had not followed the contractual disciplinary procedure they would have been expected to. It is not a claim where you challenge the reasons for the dismissal and the general unfairness of what happened – that is all dealt with in an unfair dismissal claim, which as you have correctly pointed out you are too late to pursue.


 


So you did have the right and opportunity to challenge this dismissal, but you have unfortunately left it too late. I do not see any other realistic claims you can make at this time to challenge this.


 


I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello Pamela, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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