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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13846
Experience:  I have been practising for 30 years.
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What action can we do if my daughter was terminated in her

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What action can we do if my daughter was terminated in her course coz of breaking the school policy
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No, only with her Representative
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m speaking in behalf of my daughter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes she belong to a union

Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

what was the breaking of school policy?

how old is she?

Customer: replied 4 days ago.
She is on her third year of studying adult nurse and she breached one of the Nursing and Midwifery Council Code for being dishonest with her placement hours and an extenuating circumstance. She is 21 years old

What do the rules say about dishonesty whether in respect of placement hours or anything else?

 

Was she dishonest?

 

What was the extent of that? Why?

Customer: replied 4 days ago.
20.2 act with honesty and integrity at all times, treating people fairly and without discrimination, bullying or harassment

This was the code that she breached.

She was dishonest. This was because the past two and half a years of training to be a nurse she was placed to practice in hospitals that would take her 4 sometimes 5 hours of travel for every shift. She does not drive so she walks and takes the train.

She lied to her mentor at placement and said that the university has approved her doing shorter hours when they didn’t because she has been in incidences where she felt very unsafe and vulnerable when she was travelling to and from placement. She would leave at early hours of the morning and come back very late at night. She was travelling on her own for a long period of times.

She thought that by doing shorter hours would mean that atleast she would get back home at a much earlier time and only have to travel alone in the dark during the early hours of the morning.

Thank you. I can understand the reason why she did it, it is the lying which is the problem and although it may seem like a relatively minor lie, in the position that she is in, it would indeed be seen to be totally unacceptable.

If she was working, and she lied about the number of hours she worked and she was being paid for those hours, it would be gross misconduct and an employer would be quite justified in dismissing without notice.

 

As I said, I accept why she did what she did but the correct way of dealing with this would have been to express her concerns and actually ask if she could do different hours. If the answer was negative, then she has the answer. I don’t know whether she did ask and was refused or not and I’m not certain why she thought this wasn’t going to come back and bite her.

 

However the fact remains that she did it and she has been dismissed from the course and your question is what can she do about it.

 

I’m afraid the reality is very little. She will have the right of appeal and she should do that and her appeal letter should explain exactly why she did what she did and apologise without reservation.

 

That really is it because I don’t even think there would be a court action that could be brought except perhaps breach of contract but it’s not one that I would be spending money on taking to court.

 

I’m sorry, I know it’s not the answer you wanted but I suspect it’s the answer you thought you were going to get.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

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