Advice needed - NHS disciplinary

[littlelegs84]

Hi,

I currently work in the NHS and recently was successful in applying for another NHS post. I handed in my notice with my leaving date being July as I have to give 8 weeks notice. The day after handing in my notice I received a letter by email from my line manager stating that I was under investigation for gross misconduct and an investigation would be held and then if deemed necessary a disciplinary with the outcome likely to be summary dismissal. I am horrified. The reason for it being gross misconduct is due to anomalies with my most recent expense claim. I have spoken with my new employer and all my references and checks are clear and I am free to start when ever I want but know that should any disciplinary action be taken against me my current employer will notify my new one and my offer will be retracted. What do I do? My current boss is expecting me to carry on like everything is fine but it's not and I am a mess. Can I change my notice and make it with immediate affect... If I do will the investigation continue without me and am I likely to be sued for breach of contract? Also in future how will this appear on reference requests. I really need some help. Not part of a trade union and been in post 13 months. Thanks

[PAWS]

Re: Advice needed - NHS disciplinary

Someone with better knowledge of this will be along soon but in the meantime you should remember that this is an investigation. You have not yet been given a chance to defend yourself. Now I could be wrong but normally when someone is under investigation for gross misconduct they should be suspended on full pay.

[littlelegs84]

Re: Advice needed - NHS disciplinary

I've not been suspended although in some ways I wish I had been. My line manager made a passing comment that I know what I've done so I know what the outcome is... So much for impartial investigation. Sounds like a foregone conclusion. I keep coming across constructive dismissal.. If I was to resign on that basis, I know I can't claim anything as I not been in post long enough but will that get me out of the post quickly protecting future references in the best way possible? All advice really welcome!

[stevemLS]

Re: Advice needed - NHS disciplinary

To clarify, there is no requirement to suspend an employee under investigation, indeed it should be a last resort and undertaken only when the employee's continued presence in the workplace is likely to hinder an investigation - which for an alleged discrepancy in an expense claim is unlikely.

It won't be constructive dismission, sorry.

I think the best thing you can do is to try and keep calm, attend the meeting when you are invited and see precisely what it is that you are alleged to have done.

When you know that, come back and I am sure we will do what we can to help.

[littlelegs84]

Re: Advice needed - NHS disciplinary

Hi thanks for replying. I've been notified that because of anomalies its classes as suspected fraud and is going to be investigated by counter fraud team. I have raised a grievance as I feel the way it has been dealt with is completely inappropriate and I feel that as soon as I made my intention clear that I was leaving I was bullied from that point. I'm the youngest member of the team and have been questioned for months about my ability to do the role and bout how I'm still maturing into the role! This is down to my age I'm sure of it. I think it's extremely likely I'll get sacked as they aren't going to listen to me saying its a genuine mistake when my line manager is saying its deliberate. does anyone know what the chances are of getting temporary work through a recruitment agency with this in my reference if it all goes wrong?