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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48162
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I work in the nhs and have done 25 years. I am employed as a

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Good evening i work in the nhs and have done for nearly 25 years. I am employed as a secretary but have been dealing with the beareavment paperwork for still born babies which is not in my job role. I am being investigated for signing several forms for the midwives concerned. I did do this out of compassion for the parents so the cremation of the baby was not i truly did not believe this to be fradulant. Please advise me what i should do next. Kind regards
Kim chorley
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.

Customer: replied 1 year ago.
Hi ben how do you think i should proceed
Expert:  Ben Jones replied 1 year ago.

Hi Kim. Were you asked to sign the forms by anyone in your department, such as a line manager at any point during your employment?

Customer: replied 1 year ago.
No the midwife delivering should have but they more often or not did not
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. Being placed under investigation is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a starting point if the employer believes there is potential wrongdoing by an employee.

The employer is first required to conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should allow the employee to return to work as normal.

At this stage they are simply looking into your actions before deciding whether there is a formal case to answer. You could be asked to attend an investigatory meeting first where you can explain what your reasons for your actions were. What you did is not fraudulent – fraud is where you do something dishonest for personal or financial gain and this is clearly not the case here, it is however a breach of internal rules and policies because you did not follow the set rules. In the circumstances it is best to explain what your motives behind this were, apologise for what you did and accept that you did wrong but that you never had any malicious intentions. In reality, the parents were not in any way affected by this as it just meant the wrong person signed the forms but the outcome was in reality the same.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should the take this to a formal disciplinary, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you Ben excellent service. Do you think I should contact the counter fraud manager and admit what I did and reasons why. They have given me a date for formal interview. If I terminate my employment will the case be closed or could the police be involved. I am devastated as you can imagine. 5 stars
Expert:  Ben Jones replied 1 year ago.

Thank you. I would not worry about police involvement, this is not a criminal matter - as mentioned there is no fraud from a criminal point of view as there was no dishonest action by you in order to get personal or financial gain. It is very easy for someone to label an act as fraud when in reality it has nothing to do with it from a legal perspective. I would wait until the interview to explain exactly what happened and why you did it. remember that you should not deny your actions, but explain why you did them and apologise for doing wrong - showing remorse is always better than trying to cover up something you obviously did. Also if you resign you would be expected to work through your notice period and in that time they could proceed with any formal disciplinary action.

Customer: replied 1 year ago.
Thank you so much
Expert:  Ben Jones replied 1 year ago.

you are welcome, all the best

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Customer: replied 1 year ago.
Hi BenCould you advise please. I have given notice to leave work. Counter fraud say I still need to attend the investigation meeting to conclude the process. I have put in writing that I did sign the paperwork and that I was dishonest but put the reasons why. What will happen after the meeting, because I won't then be employed by the trust.I have worked for the trust for 24 years with not a blemish on my record.Kind regardsKim