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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61193
Experience:  Qualified Employment Solicitor
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I had a sharps injury at work,patient was HIV + with a Zero

Customer Question

I had a sharps injury at work,patient was HIV + with a Zero Viral Load.A week after the injury I was told by the Manager to stop scrubbing(I work as a scrub practitioner in the O.R).A month after the incidence i scrubbed,because he(the Manager) couldn’t come up with the reason for stopping me doing my normal duties.I was then suspended from work pending investigation.I have been to the Investigation meeting.And now the matter is proceeding to the Disciplinary Hearing...
Assistant: Have you discussed the injury with a manager or HR? Or with a lawyer?
Customer: The HR is part of the Disciplinary Hearing which I attended on the 28/10 and then convening on the 06/11.I’m attending with the Trade Union Rep.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and yes I do belong to the Trade Union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Nothing else
Submitted: 13 days ago.
Category: Employment Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 13 days ago.

How long have you worked there for and what would you like to ask about this please?

Expert:  Ben Jones replied 13 days ago.

I note you have responded via a second post. Leave it with me for now and I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 13 days ago.

Can I just check whether anyone gave you the go ahead to continue scrubbing?

Customer: replied 13 days ago.
Nobody did,but nobody has any answers why I was stopped either.
Expert:  Ben Jones replied 13 days ago.

What did you do in the meantime?

Customer: replied 13 days ago.
I was circulating (helping the scrub practitioner) in Theatres and Co-Ordinating in the Department,administrative duties and still covering on-calls.
Expert:  Ben Jones replied 13 days ago.

Ok thank you. If considered necessary, the employer could have stopped you from undertaking your normal duties. However, they should have really had a justifiable explanation for it, such as a health and safety concern, complaints about you, pending an investigation, etc. If they just requested that and provided no reasons for doing so, then it would have been questionable conduct, Saying that, it does not allow you to take the law into your own hands and just decide what should happen, such as returning to work against the employer’s instructions. That could in itself amount to insubordination which is a misconduct offence. Quite whether it is gross misconduct is another question and it would depend on what the actual reasons for the initial instructions were and the seriousness of you breaching these.

 

At this stage, your only options are to submit an appeal first and then if that is unsuccessful, you can consider making a claim for unfair dismissal in the Employment Tribunal.

 

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

Expert:  Ben Jones replied 13 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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 11 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you