Investigation/constructive dismissal

[Sarahks]

I am a nurse. I have had a lot of sick leave, but in the last 3-4 years my manager has to some degree manipulated this. For example, she asked my union rep to telephone me at home once to suggest I should go and see my GP and see if I should be signed off sick. I was coming towards the end of a three month period following sick leave on reduced hours (at my suggestion to show I could hold the post) and another member of staff allegedly put in a statement against me. I have not seen this statement, even though I asked to see it. I was told this was not appropriate. I have had nothing in writing of the alleged things I have done wrong. I have not been suspended from work. I was asked by my union rep to attend a meeting with an outside matron who had been put in charge of investigating the case. I did not get anything in writing about this meeting. At this meeting, the union rep said that this process would be very stressful for me and that I should get signed off sick by my GP, I have been off sick since this time, making my sickness record even worse. The statement I made was lost. Another meeting was called, again via my union rep and not in writing. This meeting was with my union rep and my matron. The statement I had made was on the desk. The date was obliterated by capital X repeatedly over it and there was no surname, just my Christian name. The statement was discussed and one part was not quite what I agreed with. The matron and rep also discussed at great length my sick record and whether I should remain in work. My matron wanted me to visit my GP and get her to put on a fit note if I was likely to remain sick for a year and, if so, dismissal procedures would commence. I was sent to the staff room to put the alterations I wanted to my statement and matron asked me to write a letter showing what I understood from the meeting. The union rep came with me and dictated this letter. She informed me that the investigation was going to panel and that the original statement I had made to the investigating matron had been forwarded. They had apparently, they informed the union rep, sent me a copy of the statement. I have received no correspondence like this. The union rep was asked if they should hold up the proceedings until I had seen my statement and she allegedly told them to proceed without it as the whole process had taken long enough (by now 6 months). I have since received an email conversation from the union rep and a lady in Human Resources discussing the date people could attend the panel meeting. This was then forwarded to me. I have not received any letter confirming this. I just do not know what to do. None of this appears to have been handled in a proper manner. I would like to resign from my job, but do not know if this would be viewed as an admittance of guilt.

[enquirer]

Re: Investigation/constructive dismissal

Their behaviour is appalling and your union representative hopelessly incompetent. Get another one - preferably an experienced full-time official. To do so, go direct to the Area, or if necessary, National, office.

[Harmonica]

Re: Investigation/constructive dismissal

What would you do if you resigned? Would you go down the constructive dismissal route? I really wouldn't do that if I were you. I would hold on if possible and see it through. Only 3% of constructive dismissal cases are successful and although you have been treated terribly, I don't think it would amount to a succesful claim for constructive dismissal.