How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Ben Avatar, In confidence, I worked hospital Trust for 11

Customer Question

Hi Ben Jones Avatar,
In confidence, I worked for a hospital Trust for 11 yrs of clean service with NO query problems in my practice. I had an oversight with medication due to handover from the staff was not clear about the patient's medication. when I realised the medications it was late and told the doctor,r he advised not to give it. I was suspended for few months while the investigation was going on. They took it to hearing and in the hearing I acknowledge where I went wrong and told them that I will improve from my reflective account, requested training from them to improve , so that it does not happen again. NO PROBLEMS ALL THESE 11YRS. THEY DRASTICALLY TERMINATE MY JOB WITH NO PRE- WARNING as I least expected with all the extra miles all these yrs I put in for the welfare of patients, families and good reputation for the Trust. This is unbelievable to me on they manner they treated me and planned it instantly and terminate my job without referring any bad practice in the past. I am going for appeal with Rcn union rep. I am waiting for the termination letter from the hospital .Please Ben Jones me in this case so that I will be reinstated back to my job. I would not like to put write my name maybe later. Reading from your profile u have a lot of experience in tis and people's feedback as well. Thanks a lot. Hear from you soon.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

What specific assistance do you require from me please?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am available for online conversation now, so what about the phone call do I need to cancel it or not , let me know , I am keen to speak to Ben jones. Thanks for answering my messages.
Customer: replied 1 year ago.
If he is available for online conversation I am ready for it now. Thanks.
Customer: replied 1 year ago.
I am waiting, but to bring to your attention that I have a brief arranged telephone call @ 1400hrs, if that is ok with Ben.
Customer: replied 1 year ago.
is Ben jones still unable to call me?. Please can someone email me or to tell me what is happening. I am all day waiting.
Expert:  Ben Jones replied 1 year ago.

Hi sorry by the time you had replied I was already offline in tribunal. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.

In the circumstances the allegations against you would have been to do with misconduct which is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

· Conducts a reasonable investigation;

· Follows a fair disciplinary procedure;

· Has reasonable grounds for believing the employee was guilty; and

· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.

3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.

Customer: replied 1 year ago.
Dear Ben Jones,
Thanks for your time to answer my question. With reference to your response, Just to bring to your attention during the investigation process, the hospital failed to interview appropriately to the doctor, and did not carry any interview on one of the staff as well, which was noted on the hearing day, and nothing was done about it . I think the investigation process was flaws. Also on the day of this incident we are short of staff on the ward which they knew. With regards ***** ***** response, I was not protected at all from all levels, not withstanding I worked for them for 11yrs of clean service. Also in honesty, listing to them my pressures and circumstances that led to this through my detailed statement and sincere / truthful reflective account, they knew my capabilities, they drastically terminate my job with no first warning. The termination of my job was UNFAIR, on the ground that they investigations was flaws. doctors and a staff nurse was not involved as me, but It was only me they suspended almost 3months, I asked them during the investigation meeting, no genuine answer was given to me. the rest are working, is it fair? pls answer me. I do not know whether they followed the ACAS code of pract on disciplinary and grievance procedure. the investigation was not detailed b/c of flaws. On the hearing meeting we all noted that the doctor was not interviewed properly and the other nurse, except me. Also they NEVER consider my length of service and disciplinary record at all, which I think I was a harsh action on me all these yrs. I do not think they are aware of ACAS 's recommendation of issuing written warning, instead of , instead of terminating my job drastically. I just received the disciplinary outcome letter today. My RCN union is helping with appeal. With all your experience, is it possible for you to support me for the employment tribunal . Please how much will cost . Could you give me feedback as well asap .Many thanks and hear from your soon. I will be rating you soon. Please let me how you can contact me whether on chat or email.
Expert:  Ben Jones replied 1 year ago.

Hi, sorry I was away for a few days. It is unfortunately not possible for me to assist you at the tribunal because we are not allowed to work with clients outside of this site. So my involvement is only limited to online responses on here.