Help desperately needed

[Bobby23]

Hi everyone. Stumbled on this website whilst searching for advice.
Basically, i was suspended from my job of 5 years on Wednesday (9/10/19). The allegation is i’ve stolen items from work which has apparently been an issue for over a year. I was taken out of my work area by the manager with 10 minutes warning, marched into an office with the H/R representative, told that they had concerns about my conduct, told me i’d been removing items from work for a year and what did I have to say about it.
i didn’t understand initially what they were saying because it was such a shock hearing these words. The manager treated me as though I was guilty straight away. I couldn’t process what was being said. I had no one with me for support because i have done nothing wrong and had declined her offer of having someone with me. I felt like i’d been punched in the face really. I have done nothing wrong so said so.
she still treated me as though I was guilty and was approaching this initial meeting from this point of view. The process was explained to me by the manager and i was given a copy of the company procedure.
The H/R person was a bit more “neutral” and tried to treat me in a reasonable way.
They explained what I can and can not do going forward. We will be having a hearing in the near future but i was told this whole process could take up to 10 weeks to complete.
I just don’t know which way to turn and what to do. I believe they’ve made their minds up already and i do not know how i’m going to prove my innocence. No one can remember what they were doing and why from months ago. From the little that they did say it was decided it was me as i was always around when these items disappeared but it was my job to be in the area/s all the time as the staffing levels were so bad i was the only one able to be around on a full time basis but there were always other staff around.
i have been what’s known as a “whistleblower” a couple of years ago and reported my department to the governing body for bad practices. The result of this was to move me out of the department and dump me elsewhere to shut me up. The options were to work in the other department, demote me or leave. I carried on but it was awful and made me ill.
I came back to the main department and thought everything was ok but it appears they’ve been finding something to finally get me on.
i was just wondering how to deal with all this?? Any suggestions would be most helpful.
i have an unblemished career . My whole working life has been so far exemplary.
Thanks in advance

[Bobby23]

Forgot to say that they’ve done this kind of thing before to other staff.

[Bobby23]

Update for those that might need some help: *i had a letter finally telling me to come in for an investigation meeting on 12/12/19. *I have had no support from anyone at work. I’ve been left to get on with things, i’ve had no one check on my welfare, no detailed information of the alleged incidents that i’m supposed to be involved in, no dates, times or any so-called evidence. *It’s as if I don’t exist anymore. They’ve completed major hours changes to our rotas without consulting me and these new hours are going to impact me badly. Many other things have happened without my input so this proves that they have already found me guilty of the things they are accusing me of. When they say a suspension is not a punitive measure, then i’m sorry but that is utter crap. It is a punishment and it’s absolute torture. I’m feeling so ill now. This has gone on for two months and I can’t do anything but sit here watching crap day time tv. Meanwhile, any way of defending myself is slipping away from me. My memory of the days that they will be accusing me of taking stock will have all gone. How can someone reasonably be able to defend themselves? *Now that I thought i’d found some help fro a Workplace Representation service, the investigator is saying I can not have this help as the hospital trust do not recognise the union. Their own policy says I can have union representation. But they are refusing to allow me this help. *This clearly illustrates how the NHS operates. It’s a terrible way of treating decent loyal staff. I am arguing the point with them and am insisting on having the representation I want as that is my right according to Section 10 of the Employment Relations Act 1999 and this is supported by the ACAS code of practice. I’m waiting to hear back from them now so will update this thread accordingly.

[Bobby23]

Update: i have just heard that my investigation meeting is now next thursday and my union rep can accompany me as my companion only and not my representative. Apparently some companies have a list of recognised unions that they accept so if you are reading this and in a union you might want to find out if your union is recognised by your company. The fact that these companies can basically move the goal posts when they feel like it is disgusting. A union is a union......or at least that’s what i used to think. So be aware folks. I’ll update next week when i’ve had my meeting. Although i’m pretty sure we all know where this is going as it’s nothing more than a witch hunt against someone who blew the whistle on them a couple of years ago. Looks like we will end up in a tribunal soon enough.

[Bobby23]

Update: happy new year. Well at least it can’t get any worse....but it has. After my spanish inquisition with the investigator it quickly became obvious that this is a stitch up job. They have done so much wrong in this case. That was several weeks ago and all i’ve heard from them is that i’m no longer being paid till i go back on the professional register. I couldn’t afford to pay for it and what’s the point as i won’t ever go back to my profession. But it’s a condition of my being paid so i’m now trying to get that sorted as well as being skint and fed up. we are now nearly 4 months into this farce and i’m so done with it. I do have a question: can i seek employment for a part time job whilst i’m on suspension? Otherwise i’m going to be in real financial difficulties if this continues? Thanks

[Amethyst]

Hi Bobby, I'll tag Ula and get your thread moved to the employment forum so that someone sees it xxx

[Bobby23]

Thank you very much.

[ULA]

Typically whilst you are suspended you are required to remain available to the organisation to assist in the investigation i.e. be available to attend meetings. I would therefore suggest that working would not comply with that requirement.

Have you been suspended on full pay?*
What is the professional register you refer to?

[Bobby23]

My professional register is the Pharmacy register with the GPHC and i did not renew my place on the register. So since 01/01/20, i’m still on suspension but unpaid now. I’ve reapplied to get back on it but they are very slow to deal with requests and i have a house to run so sitting at home doing nothing and not being paid whilst i’m at risk of losing my home is no longer an option. This situation can not continue. I need to work and be paid.*

[ULA]

Are you unpaid whilst on suspension because you are no longer on the register and therefore not qualified to carry out your role?
Is there a stipulation in your contract that you must maintain your place on the register in order to continue in your position? What does it say happens in the event that you do not continue to hold your place on the register?
Are you responsible for the fee to maintain your position on the register?*

[Bobby23]

Hi Ula i’m not being paid from 1/1/20 to the 18/1/20 because i did not renew my registration. So that would make me unqualified which i don’t have a problem with as i understand the fact that i can’t be paid if i’m not on the register. Apparently there are stipulations that i need to keep me registration up to date but i did not know that. It says that i am not able to legally work in pharmacy if i’m not on the register. I am responsible for paying the fee. *Just to update you, i’ve borrowed some money and i’m now officially back on the register. I just wondered if i was able to get a part time casual job whilst i’m on suspension to help me financially? I’m only going to have 13 days pay this month so just wanted to get some extra money. I’m so bored and fed up being at home for 4 months. It just seems a massive waste of time. The register issue is my fault. I should’ve asked what the rules where. I take responsibility for that but once they’ve binned me, then i’ll have wasted money going back on the register for nothing.*

[ULA]

I am glad to hear that you have sorted out getting yourself back on the Pharmacy Register. Unfortunately, whilst you are on suspension and being paid as you now are again, you are expected to be fully available for your employer during your normal working hours.

My only suggestion is whether contractually you are permitted to take on a second job outside your normal working hours. You will need to check your contract and comply with any clauses that deal with this issue. Many organisations do have such a clause ranging from it is not allowed, to it can only be done if permission is given and does not give rise to an issue with the Working Time Regulations etc. so please check.

However you should just consider any request, if permissible, to take on a second job carefully given the situation you are in at the moment.

*

[Bobby23]

Hi Ula. I decided against getting a second job. I was just worried about the money. I have my disciplinary hearing date which us on 24/03/20 so hopefully this will be over and i can move on with my life and forget this awful situation. If i’m dismissed, can i then apply to take them to a tribunal for unfair dismisssl?

[ULA]

That is a long way off! In the letter inviting you to the disciplinary meeting have they provided you with full details of the allegation/s, copies of evidence they are going to rely on at the meeting in order that you can prepare your defence, given an indication of the level of disciplinary action that may be taken and given you the right to be accompanied? Just checking they have got all this correct.

If you are dismissed then you will need to go through an appeal procedure first, details of which should be provided in writing at the time they send you written confirmation of your dismissal.

[Bobby23]

Hi Ula thanks for the reply. Sorry i haven’t been in touch recently. It’s been mad busy. My hearing did not happen as it was cancelled due to the lockdown. I was hoping this would be over as i should be back at work doing my job and supporting my colleagues at this difficult time. All the details of the allegations were sent to me along with the “evidence” they think they have. They’ve supplied copies of everything. But there are holes in a lot of their “evidence” and lies from the witnesses. I’ve gone through what i can. My question now is they are wanting to do the disciplinary hearing on the 14th April now via phone conferencing. Is this legal and appropriate? I have hearing difficulties and feel this is going to put me at a disadvantage immediately. I do want this finished as 6 and a half months on suspension is torture but i want a fair hearing.*