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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46229
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a Registered Nurse, Deputy Manager and Clinical Lead Nurse

Resolved Question:

I am a Registered Nurse, Deputy Manager and Clinical Lead Nurse at a local Nursing Home. I was Suspended on full pay on 18/02/2014,and remain so. I attended an Investigatory Meeting on 14/03/2014 and Have heard 'nothing' from my Employer since.
At this Meeting, I identified Fraudulent Documentation and Forged Documentation presented to me as evidence for the Management Case.
Also at this meeting I discovered at least x 6 Breaches of Confidentiality,and Breaches of company Policy and Procedure, and I think this is why there has been no response.
What can I do now??
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

How long have you worked there for?

JACUSTOMER-rxphk6tq- :

Since October 2010

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

JACUSTOMER-rxphk6tq- :

It is now almost 6 hrs. since I contacted you, and I have NOT received any further response!!

Ben Jones :

Hi, thanks for your patience and apologies for the delay – we are not around much on weekends as we do not work from our offices.


 


Going back to your query, you have a couple of options:



  • You can just wait and see where the employer takes this next, for example if they will take it to a disciplinary. If that was the case you have a right to formally defend any allegations against you, bring up any discrepancies in evidence, provide your own evidence, call witnesses and appeal any decision taken against you. If it resulted in dismissal you may also consider an unfair dismissal claim in the employment tribunal as you have the required service to be protected against this.

  • If you wish to challenge what has happened now before this goes any further, you have the right to raise a formal grievance with the employer. This is a formal complaint that you can raise about anything you are unhappy with in the workplace and it would prompt the employer to conduct a formal investigation and deal with this. You can also appeal the outcome if you are unhappy with it.

  • If you believe all of this has been a serious breach by the employer you can even consider resigning and making a claim for constructive dismissal. However, this is risky as you are giving up your job and it is a difficult claim so should only be done as a last resort and if you believe there is no other option left but to resign.

Customer:

Thank you.

Customer:

Daryl

Ben Jones :

You are most welcome

Customer:

I think I will wait and see what happens, Thanks.

Customer:

Buy how long should I be expected to wait ??

Customer:

I am concerned because my post has already been filled.

Ben Jones :

you will not jeopardise your position by doing so - there are still numerous opportunities to deal with this along the way. How long you may have to wait will really depend on the investigation they are doing, the allegations, etc - I have seen people being suspended for more than a year in complex cases where a thorough and detailed investigation is needed, but in any event the employer should not keep you on suspension for longer than is reasonably necessary. So it depends on how much there is to investigate and the evidence that needs to be gathered, which would of course vary from case to case. You have the right to be kept updated periodically on the progress

Customer:

I know that I remain an Employee of my Company, but surely someone must be overseeing things! I am part of a Massive organisation!

Ben Jones :

Yes of course, there should be a nominated investigating officer and you should have also been given a point of contact during your period of suspenson

Customer:

I am not allowed to contact anyone related to the Company, and the Investigation has taken place.

Customer:

The Investigating Officer met with me on Friday 14 March 2014

Customer:

I believe strongly that she is involved in this delay-- for whatever reason.

Customer:

I know my Company, Ben and now I believe that this process is really CORRUTP, hence the delay

Customer:

I am also fully aware of this Companys' Policies, Procedures and Protocols, hense my opinion.

Customer:

I also know that I was promised my 'Copies@ of all Documents

Customer:

'

Customer:

midweek last week, and these have not materialised

Customer:

and they know that I am in limbo, and cannot move forward

Ben Jones :

I is common not to be allowed to contact anyone whilst on suspension apart from one dedicated person. The issue is I don't know the company and I can't comment on the employer's agenda or if they are trying to delay this or that they are running a corrupt process and all I can tell you is what you can do about it and ways of challenging it if necessary. Whilst you are in suspension and not facing a disciplinary, you are not fully entitled to all evidence or allegations and this only becomes a requirement if you were to face a formal disciplinary. Then the employer has a legal right to provide you with details of the allegations against you and any evidence so that you can properly defend yourself

Customer:

Thank you. I just needed some re-assurance that's all - mainly because I'm probably feeling isolated. Thanks . At least now I don't feel so bad and that perhaps I am letting my imagination run really wild.

Customer:

Thanks, XXXXX XXXXX I will hang-on in there.

Customer:

Cheers, Bye.

Ben Jones :

You are welcome - time will tell what happens here but remember you have rights and that you can challenge them where required. All the best

Customer:

Bye.

Ben Jones :

Thanks bye

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46229
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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