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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12194
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I am a vet who was asked to take over practice (franchise)

Customer Question

I am a vet who was asked to take over practice (franchise) which was unprofitable so I could make it work. I was working hard and soon after I started practice become very busy and I employed another vet. After some time working for me she asked me for meeting and gave me list of complaints against trainee nurse who was misbehaving and harassing her. I held a meeting with him together with my ops manager as I didn't feel confident myself doing it for first time. Trainee nurse -boy who is gay, said that all allegations are lies and burst in tears,ops manager finished meeting and on the end said that my vet is making things up and possibly lying. After few weeks I asked my vet if anything changed and she said "no"so I decided that I have to have meeting with both and discuss where is the problem. On this point trainee nurse started shouting at me and said that me and my vet have agenda against him, on the same day rang to my ops manager and was advised to send letter of complain against me(about bullying,discrimination etc) to herself and she forwarded it to my HR department manager. I was told that we will have to have phone call together-myself, HR manager,ops manager to discuss allegations against me,we will set up agenda for grievance meeting. This never happened, we just went straight to grievance meeting which turned out to be mediation meeting with trainee nurse, woman from his college ,my vet as she was accused of bullying him as well as myself,my HR department manager who was holding this meeting and his assistant who was writing minutes. After this meeting I said about this trainee nurse misbehavior,harassing my vet,tickling my vet ,prodding and tutching, doing the same to myself and my 11 years old son, not following my reasonable instructions , and HR department director decided that in light of no evidence of my vet or me harassing,bullying this trainee nurse he will just discuss with him his bad behaviors and this will be the end of story. All I have to do is give him clear written instructions of what is his job and what I expect him to do. I said that it is really difficult for me to work with his as he is constantly questioning who am I to tell him what to do and threatening me that he will take me to court, but I said I will do what I can. Straight after this Trainee nurse came back to work he started to behave even worse ,was bullying and harrasing locum nurse,refusing to work etc. After I asked him for meeting he went to doctor and was sign off for 2 weeks with stress.He was in 1st year of training and he failed his first exam twice so I was advised that I can dismiss him based on this. So I did as I was told not to do anything with his misbehavior as this will complicate the case.He appealed and I wasnt even part of this appeal ...Then appeal was dismissed and now I am facing tribunal where I am accused of homophobia,unfair dismissal and company barrister says that I am going to lose as I didn't follow procedures ... I know that I am company director and all responsibility is on me but I didn't have chance to even have my own opinion on those procedures never mind being responsible for it. Neither I am homophobic and never even crossed my mind that i will be accused of it. I am Polish person and being hard working i made my practice very busy and this is something what my all staff don't like so I will have false witnesses in them against me. One receptionist is in relationship with this trainee nurse despite this that he says that he is gay...I am feeling like I was as my boyfriend says "stitched-up". Is there any way I could have help please?
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.
Hello and welcome toJust Answer, do you have any specific questions about this ?
Customer: replied 4 years ago.

What kind of information would you like?

Expert:  taratill replied 4 years ago.
Hi you have set out your situation but have not asked a question so I would like to know what you would like to know about this?
Customer: replied 4 years ago.

Hi I just would like to know what are my chances to win in tribunal. I am absolutely not guilty especially i am not homophobic. About procedures - I did follow HR manager advise and he was holding meetings not me.

Expert:  taratill replied 4 years ago.
what procedures does the barrister say you failed to follow?
Customer: replied 4 years ago.

According to barrister I didn't follow correct procedures when dealing with grievance nor I comply with the ACAS code of Practice when I dismissed him. I am not 100% sure what was wrong but in both occasions my HR manager was advising. Grievance was held by him completely after which in my understanding we should have minutes which was done by Secretary and trainee nurse should have response regarding outcome of this meeting but nothing was done. As well there was no agenda, I was not aware of allegations against me as there was no discussion prior to meeting. Regarding dismissal I was advised to inform him that he is going to be dismissed because he didn't pass exams twice, give him letter informing about it and 3 months payment. He had to leave immediately.

Expert:  taratill replied 4 years ago.
Hi thank you. I will get back to you on his this morning.
Customer: replied 4 years ago.


I didn't recieve the answer and as continuation to the same problem I would like to ask what are my chances to sue the company for doing wrong procedure in my name and leading me to pay £10500 for what I didn't do at all and what I did (dismissal) according to advise given me by HR Director. I was not allowed to change my representative and I was pushed to pay rather then go to tribunal.