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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48485
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I was recently dismissed from my job as a student veterinary

Customer Question

I was recently dismissed from my job as a student veterinary nurse on the grounds of gross misconduct on two incidents. I apeald the decision and sadly it was not overturned and kept with the original decision due to the fact I had one of the incidents already on my record and in the letter I got from head office but for the fact if that had not been on there I would still have my job and would be doing my second year at college. I had always been adamant that the first incident was not me and was someone else but no one believed me. So I have taken a lie detector test that proves the first incident was not me and that I was telling them the truth and it confirms that the other person that was to blame. I have also found another job as a student veterinary nurse and my last employer gave me a reference for it. I have been in my new job for about three weeks and love it, so was confused when I contacted my college to let them know who my new boss is they informed me that there was a fitness to practice meeting due to both incidents in my last job. I attended it and told them I have taken a lie detector that proves I was not to blame for the first one and that it proves that another student veterinary nurse was, but I forgot to give that to them as I did get myself into aright state. Head office in my last job also acknowledge and believe me to be remorseful and truly sorry for last mistake and my head vet and head nurse did not want me sacked and told head office so was upset that they was sacking me and encouraged me to appeal the decision. I was in my last job just short of two years.i just don't know what to do please can you help me.
Kalee Gilbert.
Submitted: 14 days ago.
Category: Law
Customer: replied 14 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 14 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 14 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 14 days ago.

What specific queries do you have about this please?

Customer: replied 14 days ago.
I truly love my job and am settling in my new job and we all make mistakes and we learn from them and in doing that I know I have learnt from mine I never lied about the second incident I was naive but when it was brought to my attention I apologised and explained why I thought the vet knew about the situation it was a honest misunderstanding surely the person responsible for the first incident should be held accountable for using veterinary equipment on a person and that person was pregnant when it can only ever be used on animals. The person who’s done that knows I have had that incident put on my record and has lied about what she done for just short of a year even though I have always denied it and was basically called a liar and that I should let it go. Surely she should be investigated and punished accordingly. Where’s her morals to know she had done wrong and let me take the blame and because of her actions in this it has played a part in me being sacked and taken off my college course. Being a vet nurse is everything to me and I know given the chance I will prove that I will make a good veterinary nurse. I am an excellent student and employee for the last 2 years I have always been totally hard working and changed shifts with people when they needed it or when they have needed someone to work due to being short staffed etc
Expert:  Ben Jones replied 14 days ago.

Thanks but what would you like to know about this situation please?

Customer: replied 14 days ago.
What can I do to rectify the situation I am also going to let head office where I used to work know that the 1st incident was nothing to do with me and the other person involved was responsible for it and give them the lie detector that proves it wasn’t me and that it was the other girl and ask them to remove the incident from my record. I am not after getting my job back as I have secured another as a student veterinary nurse but it is reliant on me continuing college. My last job also gave me a reference for my new job which I wouldn’t have got without it. So it also makes no sense to have me summoned for a fitness to practice meeting
Customer: replied 14 days ago.
Which because of the 1st incident and a 2nd one I have been removed from my course. And head office said had I not had the 1st one on my record I would still have my job and would now be in my 2nd year
Expert:  Ben Jones replied 14 days ago.

Ok thanks leave it with me please I will reply later on today

Customer: replied 14 days ago.
Hi Ben, thank you
Has what I’ve sent you been of any help do you need anything else from me?
Customer: replied 14 days ago.
Do you need a copy of lie detector I took
Expert:  Ben Jones replied 14 days ago.
Hello again. The main issue for you here is your length of service with the previous employer, which fell short of the 2 years required for unfair dismissal. This means that they could have dismissed you for more or less any reason and without having to follow a fair procedure. The lie detector test means nothing in legal terms - they do not have to pay any attention to it, thais just there for your own benefit. You could even have video evidence proving your innocence - they could have still dismissed you just because you have not unfair dismissal protection so they would not be required to show there was a fair reason or follow a fair procedure. Also they have provided you with a positive reference so you cannot claim that they were acting negligently in that respect.The fact that this led to a fitness to practice is an unfortunate subsequent event but it will be investigated separately by your regulatory body. You can make your own submissions to them and you could use the lie detector results but again, they are not required to use them or give them any thought.The argument that the other person responsible should come forward and own up is only a moral one, meaning that it is basically up to them to do that and you cannot force them to. So your best option is to maintain your innocence, provide any information, evidence or facts which suggest you are innocent, but the rest is down to the regulator and the employer. That is the legal position even if it would appear a bit unfair knowing that you did nothing wrong the first time round.I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you
Customer: replied 13 days ago.
I was short by 2 weeks but I also have spoken to head office and told them everything and they asked me to send over what I have as they want to see what can be done and say they may well escalate it and deal with the other person. I have told them that I’m not looking for financial compensation or for my job back and will sign whatever they need to prove I’m not going to go after them I’ve explained that I have a new job but need this sorting as it’s a student veterinary nurse job and requires me to finish my training which may not happen if this is not taken off my record and they said again if this 1st incident wasn’t on my record I would still have my job and be in college. All I want is for the right thing to be done by all. They seem pleased about my new job and if I was incompetent they wouldn’t have given me a I’m sending all what I have over to head office and I’ve said I will cooperate with them as well as the person who did the test as well.
Customer: replied 13 days ago.
Also the college was surprised that head office gave me a reference as well because they knew there was a fitness to practice meeting so was bemused somewhat by it.
Expert:  Ben Jones replied 13 days ago.

The issue with all of this is that you cannot force anyone to do as expected of them to fix this. Laws have not been broken - this is more of a moral issue rather than a legal one. Hence why I cannot give you anything specific enough to guarantee a resolution to all of this. And it is also why your best option is to continue pursuing and requesting them to do what they can to fix this, but that is all - a request, rather than any legal order requiring them to do it. Hope this clarifies?

Expert:  Ben Jones replied 12 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 12 days ago.
Hi Ben would it also help to encourage head office to rectify the issues I’ve raised with them bearing I have prove of me telling the truth that I will go public with everything as it wouldn’t look good to the public that I proved I was telling the truth and they choose not to sort this and allow the other person to continue working with them without dealing with the fact that they have someone whose honesty and integrity is in question and that she has shown that she doesn’t take coulpability for her actions and has allowed someone else lose her job and still show no remorse for her actions. As I’m sure if I went public with this the company let alone the practice would be affected and would lose business. I have also spoken to someone that said It definitely wouldn’t look good if a company didn’t sort this and would be very concerned and may look to the public as being dodgy and not honest and trustworthy and can’t see why they would not sort this.
Expert:  Ben Jones replied 11 days ago.
Just be careful about what you refer to as proof that you did not do anything. A lie detector test does not prove anything. It is not legally acceptable in law and as mentioned it only serves to satisfy yourself that you did nothing wrong. There is still a degree of uncertainty in such tests and they cannot be used as formal proof. So yes do go higher up in the company to try and sort His but also try not to blackmail them by saying you will go public if they do not do it as that won't necessarily help, they can still refuse. Hope this clarifies?
Expert:  Ben Jones replied 11 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 8 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks