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Hello,
I hope someone can advise on a complicated situation.
I am three months into an nhs disciplinary investigation. After an unblemished 12 years of practice, I made a serious (though not life threatening) mistake for which I will likely be offered a sanction by my regulator. However, the member of staff who reported me has also accused me of things which are untrue and which if upheld could destroy my career working with vulnerable adults.
I have received a job offer from another nhs trust with whom I have been honest about my mistake, my learning and the fact that I am mid-investigation. I have twelve week notice period.
I want to see the disciplinary process through, so as to ensure the truth is heard and my name is cleared of the malicious allegations. The next step is likely to be disciplinary panel. I wish to resign as soon as the panel has met, regardless of the outcome. I will appeal if they uphold the defamatory allegations against me- if they do I face summary dismissal. If I am believed and sanctioned only for my mistake, I am considering eventually claiming for constructive dismissal. I accept and regret that I breached my contract but I believe my employer has breached the implied terms of trust and confidence, some of the reasons being:
Failing to establish the relevant facts before launching the disciplinary process
Offering conflicting advice as to whether I could undertake paid work elsewhere, causing a considerable reduction in my income as I did what they originally advised and withdrew from my other part time role
Removing me from all trust duties, including non-patient facing duties without notice, meaning my reputation with colleagues in the trust is now seriously damaged
Failing to expedite my request for digital evidence refuting the defamatory allegations, causing an unnecessary delay, before telling me they could not obtain this evidence
Failing to offer regular updates on the investigation process or reasons for the aforementioned delay
Failing to respond to my request as to whether the trust’s legal team could obtain a court order to access aforementioned evidence
Indifference to the risk of actual or perceived bias in the conduct of the investigation in allocating as commissioning manager for the investigation someone who is supervised by the accusers line manager
Indifference to my right to dignity and confidentiality in allocating as commissioning manager for the investigation someone who I know and whom I attend meetings with
Failing to allocate someone one band above my supervisor as commissioning manager, as per disciplinary policy
My question, three months in, is whether I should raise a grievance for the above issues (there is more which I will add to the grievance). Will this support any subsequent legal action I embark on?
Is it worth me considering legal action or do I not have a leg to stand on due to my own breach of contract? The situation is complex and perhaps unprecedented and I believe that a reasonable and fair minded person would not consider dismissal appropriate, however, nhs disciplinary policy being worded in rather vague fashion means it’s anyone’s guess...
Thank you for any advice you can offer.
I hope someone can advise on a complicated situation.
I am three months into an nhs disciplinary investigation. After an unblemished 12 years of practice, I made a serious (though not life threatening) mistake for which I will likely be offered a sanction by my regulator. However, the member of staff who reported me has also accused me of things which are untrue and which if upheld could destroy my career working with vulnerable adults.
I have received a job offer from another nhs trust with whom I have been honest about my mistake, my learning and the fact that I am mid-investigation. I have twelve week notice period.
I want to see the disciplinary process through, so as to ensure the truth is heard and my name is cleared of the malicious allegations. The next step is likely to be disciplinary panel. I wish to resign as soon as the panel has met, regardless of the outcome. I will appeal if they uphold the defamatory allegations against me- if they do I face summary dismissal. If I am believed and sanctioned only for my mistake, I am considering eventually claiming for constructive dismissal. I accept and regret that I breached my contract but I believe my employer has breached the implied terms of trust and confidence, some of the reasons being:
Failing to establish the relevant facts before launching the disciplinary process
Offering conflicting advice as to whether I could undertake paid work elsewhere, causing a considerable reduction in my income as I did what they originally advised and withdrew from my other part time role
Removing me from all trust duties, including non-patient facing duties without notice, meaning my reputation with colleagues in the trust is now seriously damaged
Failing to expedite my request for digital evidence refuting the defamatory allegations, causing an unnecessary delay, before telling me they could not obtain this evidence
Failing to offer regular updates on the investigation process or reasons for the aforementioned delay
Failing to respond to my request as to whether the trust’s legal team could obtain a court order to access aforementioned evidence
Indifference to the risk of actual or perceived bias in the conduct of the investigation in allocating as commissioning manager for the investigation someone who is supervised by the accusers line manager
Indifference to my right to dignity and confidentiality in allocating as commissioning manager for the investigation someone who I know and whom I attend meetings with
Failing to allocate someone one band above my supervisor as commissioning manager, as per disciplinary policy
My question, three months in, is whether I should raise a grievance for the above issues (there is more which I will add to the grievance). Will this support any subsequent legal action I embark on?
Is it worth me considering legal action or do I not have a leg to stand on due to my own breach of contract? The situation is complex and perhaps unprecedented and I believe that a reasonable and fair minded person would not consider dismissal appropriate, however, nhs disciplinary policy being worded in rather vague fashion means it’s anyone’s guess...
Thank you for any advice you can offer.
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