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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been employed by the NHS years and recently

Customer Question

Hello I have been employed by the NHS for 25 years and recently had a written complaint against me which was exaggerated and wasn't as the patient described to one of my managers, I asked for the name of the patient and other things eg dates what staff were on with me on the shift she wouldn't tell me, I felt was treated like a criminal. I was told then that the letter would be filed and that she would be watching me at all times .I wish to take the matter further could you please tell me what I should do the next .
Thankyou
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you actually taken through a formal disciplinary?

JACUSTOMER-8n527tnr- :

A manager approced me after my shift ended and the rest I have told you all I want to know is am I allowed more information ,as who the patient was and other details .

Ben Jones :

No you would not automatically be allowed that information, especially if the complaint was made in confidence by that person. The employer would have data protection obligations if they have requested not to share their details and made a confidential complaint. The issue here is that you do not appear to have actually been taken through a formal disciplinary hearing so the employer would not have a duty to provide formal evidence to you at this stage anyway. This only happens if you are being formally disciplined but as long as this does not result in a formal sanction, such as a warning or dismissal, then it is not treated as a formal disciplinary.

Ben Jones :

you can raise a formal grievance with the employer but that would not force the employer to ignore their data protection obligations if the complaint was made in confidence

JACUSTOMER-8n527tnr- :

This complaint will now be filed on my employment records and I have a long service record,I have been virtually accused of ill treating her baby surely I have a right to defend myself as this isn't true and I want to clear my name .If I just leave it ,I feel that I look guilty of something that isn't true.

Ben Jones :

In ordinary disciplinary proceedings, witnesses' or complainants’ anonymity may be protected and this has been confirmed by case law.

It is not necessary as a matter of course for the employee to know the identity of complainants. What is important is that the employee knows the case they have to answer. Therefore, they need to know what allegations have been made against them in order that they can respond to them. It is therefore permissible for an employer to ensure that nothing is disclosed which could identify the maker of the statement. This could include deleting any references in the body of the statement which may lead to identification of the source in addition to their actual name. Even in employment tribunal proceedings the tribunal may permit an employer to disclose statements in an anonymised or redacted form to protect the identity of the witness.

So you need to ask the employer what effect having this letter on your record will have for your future career. If it can be used against you then it can be treated as a disciplinary matter and you should have been taken through a formal disciplinary where you have the chance to formally defend yourself,

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

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

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