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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50159
Experience:  Qualified Solicitor
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i FEEL HAVE BEEN VICTIMISED AT WORK AND FALSELY ACCUSED OF PHYSICAL ASSAULT,FOLLOWING AN INVESTIGATION BY THE NHS TRUST I AWAS CLEARED, IMMEDIATELY AS I WAS TO RESUMED iWAS AGAIN BEING SUBJECTED TO ANOTHER ALLEGATION" HAVING SEXUAL CONTACT WITH A PATIENT, MADE BY THE SAME STAFF. YESTER DAY THE INVESTIGATION WAS COMPLETED AND iWAS ONCE MORE CLEARED AS THE PATIENT DENIED ANY SUCH ENCOUNTER EVER HAPPENED. During the process of investigation I was suspended twice form work since the 18th of may 2015... the suspension was lifted yesterday and I was recalled to resume duty as from to morrow . I have not since iam ill... Ihave to go through unecessary stress and psycological trauma this was followed by my Gp. i went through financial loss i had to remortgage my house. Iam still mentally stressed out. do I have a case pleas advise me
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
i have worked with this organisation since 1998
Customer: replied 2 years ago.
i have worked there since 1998
Has the employer taken any action against the person who made the complaints?
Customer: replied 2 years ago.
non that i know
Have you complained about them?
Customer: replied 2 years ago.
i have aked my union rep to help me put a grievience against management/ the person in question but nothing has happen. do i have to put a letter of complaint directly to the human resources. My RCN union is supposed to help me with lawyer if i have a ground to complaint but they have not done so far . that is why i searched on line and contacted me if you cannot advise me please tel me i shall not waste your time and will terminate the conversation. i already paid the £47.00 .
I can certainly help I am just asking some preliminary questions to understand your position better.
Customer: replied 2 years ago.
thank you , what else you want to know.?this person who made the allegation against me actually was being use by the manager to get me out of that place since January 2015... i was the acting manager of that place for the last two and a half years. I had to apply for this post againg and it was offered to someone else who felt i should not be there in her time i office. when she took office I went on leave and came back after six week,, i noticed a big change....... i was denied any clinical role things which were in my line of practice were allocated to this young lady who did not even had skill to carry these duties. on my first day back that year she made a complaint to the line manager with the association of that lady that Ihave instigated staff against the new management which untrue because i was not there the time she said i did these horrible things and things build up against me .i tried to avoid conflict and got on with my job until this major incident where she claimed i hit her and reported me to the police . All the time this manager was associated with this lady to cause problem and accused me of any wrong doing.
The first step would be to raise a formal grievance with the employer. I understand you have try to seek the help of the union to do this and whilst ideally they should help you, you do not actually need their involvement to do this. So if they are digging their heels in or just being useless, then you can proceed with the grievance yourself. A grievance needs to be submitted either to your line manager or to HR, depending on what the grievance policy in your workplace states. So get a copy of it and follow it when raising the grievance. You would be expected to provide a basic summary of the complaint you are making and what should happen next is that the employer holds a grievance hearing with you where they get more details about the issues you are complaining about. This would enable them to deal with the grievance and decide if any further action is necessary. If they do believe it is then they could consider disciplining the employee in question, moving them or taking other action which could reasonably try and deal with resolving the issues. If you are unhappy with the outcome of the grievance then you have the legal right to appeal that and ask for a second opinion. When you make the complaint try not to use the word victimisation because legally this is not victimisation. You are really complaining about unfounded and false allegations made against you. This is your basic legal position. I have more detailed advice for you in terms of the other options you can take, such as constructive dismissal, 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, leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 2 years ago.
thank you for this response this what i needed . to know where i stand and how to go ahead with this case. Because they have called yesterday to inform me of the outcome of the investigation and also told me that I have been cleared of any wrong doing. i have also been asked to resume duty as from to morrow. I was not sure of how safe is it to go back in the same environment. i feel vulnerable being among them. FOR SURE THE MANAGER HAS A HAND INTO THE MATTER.
Customer: replied 2 years ago.
Thank you. This could potentially amount to constructive dismissal too, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. As to access to this service in the future, you can ask future questions if you want to and pay each time, so it is entirely up to you if you want to use our services again