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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
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 Radiographer NHS and opened my X-Ray room door

Customer Question

I am a Radiographer for the NHS and opened my X-Ray room door to be confronted by a man looking under the female changing cubicle doors. I was shocked and horrified and challenged his actions by questioning whether he was a pervert.
I have been disciplined, not sacked, but final written warning, as the trust considered it gross misconduct.
I maintained that I was protecting the dignity of 2 female patients who were occupying the cubicles and that was priority over a man who I didn't know whoe he was, and shouldn't have been in the female segregated changing area any way.
I did not swear at him, I did say it questioningly as in "that is what it looks like, please explain yourself". Pervert is a legitimate word in the English dictionary which accurately describes his actions, so I do not see how that can be percieved as verbal abuse.
Do I have grounds for appeal?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked there for?
Customer: replied 1 year ago.
19 years
Expert:  Jenny replied 1 year ago.
Is there anything in your employers rules that would prevent you from questioning the man in this manner?
Customer: replied 1 year ago.
"Values and behaviour" training says you should always be helpful to members of the public.
It was purely th use of the word "pervert" they objected to, which I understand, but the punishment, which also includes a years suspension of incremental payrise, I think is harsh given that my main intention was to protect my female patients. Making patients feel safe is also a trust policy.
Expert:  Jenny replied 1 year ago.
Thanks I do think you should appeal on the grounds that the punishment is harsh as it impacts your pay and you can argue that it amounts to indirect sex discrimination owing to the fact you were trying to protect female colleagues and patients.
You should offer to receive training to help you deal with situations such as this as an alternative to the warning. Under the circumstances this would seem much more reasonable.
Hopefully this will lead them to overturn the decision if they do not you could consider lodging a claim on the basis that it amounts to indirect discrimination. You cannot be disciplined for bringing such a claim.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Thank you, ***** ***** sensible advice. I have 3 weeks to make the appeal. I do think it was a poorly conducted investigation as in they failed to interview the assistant who got the female patients changed as to what information was given to their partners - he was "looking for his wife" - why not just call her name? I did even point this out to them before the hearing.
Expert:  Jenny replied 1 year ago.
You need to also raise that in your appeal. If they did not follow a correct proedure, that on its own, should be enough to overturn the decision.
I would raise this as well as the other points I have mentioned.
Good luck with it.
I would be grateful if you would now take the time to rate my answer as I am not otherwise credited for my time. I will be be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That shoul suffice, thank you for your time and advice.
Expert:  Jenny replied 1 year ago.
No problem.

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