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Gross misconduct issue

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  • Gross misconduct issue

    I am very concerned about my daughter who has been going through a disciplinary on gross misconduct for 14months.

    She was suspended in September ‘23 and this was reversed in September ‘24 after she had her “fact finding” meeting being told that the terms had been assessed / reviewed (the suspension was not regularly reviewed as far as we are aware as she never had communication around this until a year).

    The allegations are around fraud and approvals for company taxis. (She is a scapegoat as far as I can tell for more senior personally). She presented 55 pages of screenshots via email showing work which was alleged to be fraud ahead of the first meeting. She has had 3 meetings and is waiting to hear if there is another one or not before going to a formal hearing.

    She had a mental health crisis during this time and I am supporting her with a personal injury claim via a solicitor outside of the disciplinary issue against the organisation - organisation not yet received the paperwork.

    One thing she hasn’t done is raise a grievance yet, the RCN union advised to wait until the outcome to do this as it may have more weight at tribunal - is this right ?

    Grievance would be around - failure to follow process/ lack of objectivity/ failure to provide duty of care / lack of confidentiality / flawed investigation evidence/ conflict of interest with those involved in the process/ unlawful suspension.

    if she gets a bad outcome at a hearing she will take the decision to tribunal but I am wondering if legally there is any benefit in raising a grievance around the ongoing issues now first. The issue is she is on medication / can’t leave the house and this is ongoing with the organisation not listening or improving their communication.
    Tags: None

  • #2
    My first comment is this whole process for your daughter has taken so long and is still ongoing.

    If her suspension was reversed in Sept was she expected to return back to work, which I presume she has not been able to do for medical reasons?

    How is the organisation handling your daughter's absence from work, I am guessing not well given the comments in the final paragraph of your post.

    Are the RCN union saying to wait raising a grievance until she hears whether they are going proceed to a disciplinary hearing? Are the grounds for the grievance those being advised by the union?

    Has your daughter been provided with a timescale as to when they will be getting back to her and what was the date of her last meeting?

    Just wanting to get some more detail before considering the timing of raising a grievance around the way the process has been handled.
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    Comment


    • #3
      Thanks for your reply.

      When the suspension was reversed they said she could remain off on paid leave until the investigation has concluded unless she wanted to work in another area which she didn’t.

      The union have advised on the future grievance themes which she agrees with.

      Absence from work - not good, she hasn’t been told what her colleagues were told but she knows from a work friend everyone was told not to contact her and it was confidential. However information has been leaked since (not by her).

      Comment


      • #4
        The last formal meeting was 15th November then there was another separate meeting on 29th November with someone else from HR to apologise for the delay but no timescale given….

        the union have advised to wait until the decision to proceed to hearing or not is known before submitting the grievance.

        Comment

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