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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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i am a registered nurse I work in a nursing home full time

Resolved Question:

i am a registered nurse I work in a nursing home full time a relative has put in a complaint about me to nmc stating that I neglected her mother when she was dying the complaint has already been with the trust but they can find from her nursing notes no sign of neglect however the nmc are now conducting their own enquiry and I dot know what to do I have been nursing for 42 years thankyou
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. What would you like to know about this?

Customer:

I would like to know if I could lose my job over this accusation

taratill :

Have you been suspended by your employer pending the investigation?

Customer:

no I was never suspended I was asked to take a few days sick until this blew over this allegation happened 19 th april and I have been working ffrpom approx. 27th april full time

taratill :

Ok it is unlikely you will be dismissed for this by your employer. The employer cannot take action against you unless it has reasonable belief that you have committed an act of gross misconduct, as the allegation is to do with care standards, the fact that they have let you continue working, of itself would be enough to argue that a subsequent dismissal is unfair.

taratill :

I think that it is likely that the NMC have to investigate any complaints and that this will have no impact on your future employment. The employer cannot dismiss you just because NMC is investigating.

taratill :

if you have any further questions about this please do ask.

Customer:

I have received 3 letters all referring to complaint with a lot of lies in them how do I approach this as one is stating that when my employer received the initial complaint she showed the letter to her husband and an aunt that was working in the home at the time and it states that it was total neglect on behalf of myself also a phone call that I had with my employer after the complaint was lodged is stated in the letter by the relative who is complaining my employer denys these allegations

taratill :

Have you raised this with your employer?

Customer:

she is saying that she only received 1 letter from nmc I also have it in writing that a former assistant manager told the complaintant that she had handed in her notice because of me this is a lie as she didn't leave for 3 months after and not because of me I iam beginning to think that all these parties have told lies to keep the complaining family sweet and I feel that I am the scape goat in all of this please help me

taratill :

You need to raise a grievance with your employer to set out your concerns about this and say that it is having an impact on your health and you want assurances you are not being made a scapegoat.

taratill :

There is really little else that you can do, except from cooperate with the investigation to the best of your ablity.

Customer:

what evidence do I need to clear my name for nmc I have never in 42 years had a complaint about me or my work however I and all the staff and indeed doctors will say that they have never came across as difficult a family throughout their careers .ialso think if nmc thought for one moment that I had neglected anyone that they would not let me continue working what do you think

taratill :

I think you are right that they would not let you continue working if they thought you presented a risk.

taratill :

It is very difficult to prove a negative. Your employer should assist you by saying that there are no other concerns about your care and that this family were difficult.

Customer:

the Trust that is dealing with this complaint has went through the ladys nursing notes with a fine tooth comb and have told me that they can find no evidence whatsoever of neglect they have submitted these findings to the NMCthis time but still they continue to investigate could this possibly just be protocol this family are looking for me to be sacked or struck off I always had a good rapport with the complaintant

taratill :

On the basis of what you say I am sure it is just protocol. You simply cannot be sacked if there is no evidence.

taratill :

If you have any further questions please do ask. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. I will still be happy to answer your follow on questions.

Customer:

do you think I should get a solicitor to help me draught my account of events on that day I know that this family will be inundating the NMC with phone calls regarding this case and they are very determined to have me sacked do you think nmc will see through these people

taratill :

I would think that the NMC will be used to vexatious familiies. There is no harm in having a solicitor do as you suggest.

Customer:

will this be very expensive or will it be a one off visit to solicitor

taratill :

i cannot tell you how much a solicitor will charge or whether it will be a one off (although I think it is likely). You can ask at local firms if they can help and get a quote.

Customer:

Thankyou for your time you have been very helpful please keep your fingers crossed for me as I cant afford to lose my job and I really love my work

taratill :

I have my fingers crossed. I am sure you will be fine. Do remember to rate my answer and come back to me in the future if you need to.

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