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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50147
Experience:  Qualified Solicitor
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If you no longer work trust how can they bring disciplinary

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if you no longer work for a trust how can they bring disciplinary proceedings after you have left. You no longer have a contract
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When did you leave and what is the disciplinary for?
Customer: replied 2 years ago.
I left after the incident in April from my substantive post but had a bank position that I now have my p45 from in Sept.
Not implementing an escalation policy, putting women at risk. I did escalate I have a witness. I failed to triage a patient over telephone and handover care to colleague, I did handover care she said I did not, it was written down in front of her.
If you are no longer working for this employer then you cannot be disciplined by them. They can of course try to do so but you are no longer obliged to attend any hearings, provide evidence or defend yourself. They cannot change the reason for your termination retrospectively and for example say that even though you resigned you would have been dismissed. So the official reason for your termination would still stand as resignation. If you are working in the health and care industry you may still be investigated by your regulatory body, such as the NMC if you are a nurse, but this is separate to an investigation and disciplinary by your employer. So if it is just the employer who is trying to discipline you now, you are not required to do anything and engage in the process. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Should I phone them and let them know I no longer work for them as I don't think they know I have received my P45. Should I inform them that i do not have to attend. By the way I don't mind attending but it just puts added stress on me. They have given me 1 weeks notice
You can call them or write to them - either is fine. You can advise them that as your employment with them has terminated you are not obliged to attend - whether you do is entirely up to you but they cannot expect you to or force you to
Customer: replied 2 years ago.
can they be awkward and then decide to report me to the NMC even though the allegations have already been dealt with by the local supervising authority. I am just dubious that they may try to take it further even though they have been dealt with
If they believe there is a case to answer they will have a duty to report it to the NMC so it is still a possibility I'm afraid - the NMC is entirely separate to anything that has happened so far
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Customer: replied 2 years ago.
Thank you, ***** ***** made it clear.

You are welcome, all the best