Gross misconduct

[Kathy1980]

I work in a care setting as a team leader we have coded locked doors one of the residents got out i had close observation paperwork which we do on a device we were very short staffed and no kitchen staff at the time i was under a lot of stress and pressure these observations are filled in hourly i had this saod resident on my charts i filled in a close observation at 7.30 which means you have seen her i knew i had but completely misjudged the time as we were under a lot of pressure with no staff and cleaning the kitchen as another added job this person could not of been in the building as she was found a lot earlier than 7.30 i really did misjudge the time which we are all guilty of in our home they say charts has to be done at point of care which is impossible especially when short staffed one of the residents knew the code amd the door which has a coded key pad was broken i have been there 15 years never had a bad word said against me and ive been sacked for gross misconduct by email!!!
this hs been the most distressing time those residenresare family to me i miss them so much is there any chamce an appeal would work

[PallasAthena]

Are you in a union? If so contact them asap.

I will assume you are a direct employee of the care setting and not working through an agency.

Your employer should have a staff discipline policy explaining what happens if an allegation of misconduct is made against you. Have you read it? If not ask your employer for it.

I would expect it to say that, in a case like this, the employer must first carry out an investigation and then hold a formal disciplinary hearing. You should have advance notice of the hearing and you have a legal right to be accompanied at it by a union rep or union official or a workplace colleague.

You should have a right to appeal if you are dismissed.

If none of these things have happened, ie if you were just dismissed with no investigation and no formal hearing, you almost certainly would win an unfair dismissal claim at Employment Tribunal.

[Kathy1980]

Thankyou so much for your reply i did have a full investigation but this did not have the door issue i was so visibly distressed unable to even speak properly through it i have filled in paperwork late also filled in to say she was in the building when she could not of been i filled in this paperwork under a lot a pressure when the night staff came on they didnt fill in the close observations which ment they are also at fault as they could of also known she was missing sooner i feel like its unfair as i have been the only one to receive any investigation the broken door was also not mentioned
yes i am a full employee i have worked there for 16 years i feel it was not just me at fault but feel i have been made a scapegoat

[Kathy1980]

I am not in the union ive never ever been through anything like this is there a possibly for an unfair dismissal could there of been a letter outcome as a written warning have they took into consideration my timed served i really just need help with this im at a total loss

[Kathy1980]

They also allowed me to work 13 days before suspension being fully in charge of the building and medication

[echat11]

Hi Kathy

Welcome to LB

For now the best thing is to distract yourself, stop thinking about it.

As you say, if it was Gross Misconduct they should have suspended you straight away on full pay, not allowed you to carry on working during their investigation (which to me seems kind of strange).

You should certainly Appeal, as you've received a different treatment to your colleagues regarding disciplinary is concerned as from what you say, they are equally responsible, but have not been disciplined.

ULA I'm sure ULA can advise.

[Kathy1980]

Thankyou so much for your support this is what i was thinking as ive been the only one who has been through a suspension and interview then loss of job im not sure i would be able to go back to work for them as im not sure sure i would feel comfortable would it be worth taking this to a tribunal in your opinion? And thankyou again for your support its nice to speak to somebody about it

[echat11]

Thankyou so much for your support this is what i was thinking as ive been the only one who has been through a suspension and interview then loss of job im not sure i would be able to go back to work for them as im not sure sure i would feel comfortable would it be worth taking this to a tribunal in your opinion? And thankyou again for your support its nice to speak to somebody about it

Wait for ULA to advise, I can see from what you say, they are saying you are a risk, but then left you in charge for a further 13 days, until they decided to dismiss you. Other employees haven't faced the same or any sanctions. So I would say yes. Has this situation occurred previously (with other employee) or something similar?

You can also seek advice from ACAS - htts://www.acas.org.uk/contact

[Kathy1980]

Thankyou im very thankful for your advice do i wait for ULA to respond or do i message them directly
i do know of residents getting out but not sure if anything was inputted into a device wrong or incorrectly

[echat11]

Thankyou im very thankful for your advice do i wait for ULA to respond or do i message them directly
i do know of residents getting out but not sure if anything was inputted into a device wrong or incorrectly

Hopefully, she'll pick it up.

[ULA]

Hi Kathy1980 sorry to hear about your situation.

Firstly I need to understand some key facts:

1. Was there any reason given as to why the suspension happened 13 days after the incident?
2. How long did the investigation take place and were you interviewed as part of this?
3. Where you invited to a disciplinary hearing in writing, given adequate notice of at least 3 days to attend, provided any documentary evidence the nursing home was going to rely on at the meeting and the right to be accompanied by a colleague or union representative? Please let me know whether all or only some of these happened.
4. What was the date of any disciplinary hearing?
5. Was the outcome of the hearing notified to you in writing and were you given the right to appeal the decision?
6. If the outcome was given to you in writing when was the date of the letter?
7. If you have been given the right to appeal when is the date this has to be done by?

[Kathy1980]

Thankyou so much for your reply i really appreciate it
1* no reason was given as to why the suspension was given 13 days after the event
2* unsure of how long the investigation took as i was still working and being asked questions daily by manager untill i was suspended
3* i was invited to a disaplinary amd was given two days notice i was provided with all the paperwork of the investigation amd what i was being asked about specifically i was also given the opportunity to take in someone with me
4* the date of my disaplinary was Wednesday 17th may i had already been suspended for two week or near enough
5* i was notified by email the next day after 16 years of service o feel this is unfair i have been given the right to appeal which says 7 days from the email which was thursday 18th
6* i have received no paperwork at all ao say i am dismissed it os all in an email
Thankyou again for taking time to reply ❤️

[Kathy1980]

Can i also add when my shift finished at 8pm the night team take over and have close observations too and had they filled theirs in the said person could of been found earlier which is a reason i have been dismissed but the didnt notice till 9.30pm which is when the alarm was raised if they had of looked at their paperwork and filled in at point of care they would also have noticed this person not being there ealrier yet only i have been suspended when in reality they have done the same but no action have been taken with them i feel ive been unfairly treated when we appear to of done the same thing the front door was also broke at this time and was not locking a resident also knew the code and had apparently let her family out not long beofre the incident

[ULA]

I would suggest that you spend some time preparing your appeal against your dismissal. You need to set this out in a well argued way and deal with each fact in turn some of the main points to cover are:

1. Time between event and actual suspension.
2. Fact that you have not been treated in the same way as other staff members, who also missed the fact that the person was missing, as part of their hourly observations
3. Good working record for the 16 years you have been employed at the nursing home, with no precious disciplinary action being taken.

Stick to facts try to keep the tone of the appeal neutral and do not leave it to the last minute to submit your appeal. Prepare it, then leave it for maybe a day to then come back and review to make sure you have not missed anything and then send.

[Kathy1980]

Thankyou so much you have helped me a lot i really appreciate this