Disciplinary after leaving post

[grovemandy]

I left my nursing post in June 2014 but the employer began a disciplinary 5 mths later following receipt of a complaint. This has been going on since and i cannot find out if they are allowed to do this. They also say i have to comply with their disciplinary policy even though i am not employed by them. My union rep says they are acting outside the remit of their own policy.
Anyone know for sure

[judgemental24]

Re: Disciplinary after leaving post

If your contract of employment with the employer has been terminated,

Tell them you have no contractual obligation to comply with their request

[teaboy2]

Re: Disciplinary after leaving post

Agreed with @judgemental24

Your contract terminated on the date you left their employment, the only clauses in the contract that would be still active would be ones that reference period after employment ends, such as restrictive covenants that prevent you working for competitors.

In your case disciplinary action can only be taken against employees, your contract ended and therefore you are not an employee, its completely irrelevant as to whether you were employed or not at the time referred to in the compliant made against you. However the medical board or whatever they call themselves would still be able to take action depending on nature of the complaint and type of nursing work etc.

I would write to them advising them that you are no longer a contracted employee of there's as your contract terminated on **/**/**, therefore you are under no obligations to partake in any fatuous and vexatious disciplinary process that they have no lawful/legal or contract grounds to carry out against you. It is completely irrelevant as to whether you were employed at the time that the complainant references in their compliant, not only that, as you were a representative of theirs at the time of employment with them, then legally they are vicariously liable and it is for them to settle the complaint with the complainant. Any attempt to carrying out this disciplinary action will be seen as harassment in breach of the protection from harassment act 1997, and any disclosure of this matter or outcome of such disciplinary procedure to 3rd parties, by way or mouth, or by inaccurate references will be treated as libel!

Also suggest to them to seek proper legal advise before deciding or such an ill advised course of action against yourself!

Also advise them that you here by order them to formally cease and desist in their actions and in processing your personal data in such a way as to cause you alarm and distress (harassment)!

[grovemandy]

Re: Disciplinary after leaving post

Should my union representative not know all this ? I think they are trying to protect me from being reported to the nursing midwifery council and losing my registration

[teaboy2]

Re: Disciplinary after leaving post

What is the precise nature of the allegation?

[grovemandy]

Re: Disciplinary after leaving post

3 minute access to patient notes to find out information relating to their safety. Patient WAS my best friend but she made the complaint 5 mths after the incident.

[teaboy2]

Re: Disciplinary after leaving post

Ok, where you one of the nurses treating her? Why were you concerned for her safety?

Did you discuss your concerns with Doctor in charge?

[stevemLS]

Re: Disciplinary after leaving post

I disagree with much of what is said above.

Your former employer had a legal duty to investigate the complaint (The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.) (Assuming you are in England - there are equivalent Regs for the other nations).

The investigation will establish the facts and if, in their view, whatever happened has an impact on your fitness to practice, they will report the matter to the NMC who will then do their own investigation..

It is right to say that it is up to you whether you participate in the investigation although the NMC are, in my experience, unlikely to look kindly on a refusal to co-operate.

Worst case is that findings are made against you without the benefit of your input and those are reported to the NMC along with details of your non-cooperation.

My own view is that it is in your own interests to co-operate with the process and that gives you the best chance of protecting your registration.

[teaboy2]

Re: Disciplinary after leaving post

I disagree with much of what is said above.

Your former employer had a legal duty to investigate the complaint (The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.) (Assuming you are in England - there are equivalent Regs for the other nations).

The investigation will establish the facts and if, in their view, whatever happened has an impact on your fitness to practice, they will report the matter to the NMC who will then do their own investigation..

It is right to say that it is up to you whether you participate in the investigation although the NMC are, in my experience, unlikely to look kindly on a refusal to co-operate.

Worst case is that findings are made against you without the benefit of your input and those are reported to the NMC along with details of your non-cooperation.

My own view is that it is in your own interests to co-operate with the process and that gives you the best chance of protecting your registration.

Yes to investigate they have a legal obligation, but then so do all businesses/employers in respect of customers contractual terms and conditions or even under warranty terms for goods or services or under certain legislation/regulations such as Health and safety. But that doesn't mean they have the legal or contractual authority to discipline an employee who is no longer subject to their employment. The right to discipline employees ends when their contract is terminated, it does not carry over past the date of termination.

Basically they should be asking her to cooperate in their investigation and not call it a disciplinary, as they simply do not have the legal authority to carry out a disciplinary procedure against her! Referring to it as a disciplinary in such circumstances is a hostile and aggressive approach which is completely unreasonable on their part, as the reasonable course of action would be to invite her to cooperate in their investigation, which could be as simple as giving a statement in response to the allegation made!

The above legislation applies solely to the local body or Health service or their CEO (responsible person) not to employees and in no way does it give such bodys the legal authority to discipline non employees or those no longer employed by them!

Also we do not yet no the circumstances as to if the OP had the right to access said notes, if she was one of the nurses providing care etc.

[stevemLS]

Re: Disciplinary after leaving post

Basically they should be asking her to cooperate in their investigation and not call it a disciplinary, as they simply do not have the legal authority to carry out a disciplinary procedure against her! Referring to it as a disciplinary in such circumstances is a hostile and aggressive approach which is completely unreasonable on their part, as the reasonable course of action would be to invite her to cooperate in their investigation, which could be as simple as giving a statement in response to the allegation made!

The above legislation applies solely to the local body or Health service or their CEO (responsible person) not to employees and in no way does it give such bodys the legal authority to discipline non employees or those no longer employed by them!

I agree it is clumsy to call it a disciplinary investigation, much more accurate to describe it as a complaint investigation.

However, the potential consequences remain as I set out.

[teaboy2]

Re: Disciplinary after leaving post

I agree it is clumsy to call it a disciplinary investigation, much more accurate to describe it as a complaint investigation.

However, the potential consequences remain as I set out.

Agreed, it doesn't change the potential consequences if the OP is referred to the NMC.

And it is wrong of them to being carrying out a disciplinary process of referring to it as such, when they have no contractual right to perform a disciplinary process in regards to the OP!