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dismissed for gross misconduct

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  • dismissed for gross misconduct

    I have been dismissed for gross misconduct from a nursing home where I was the Deputy Manager for not checking the blood sugars of two diabetic residents prior to giving them insulin, I have never in my career as a nurse ever given anyone insulin without first checking their blood sugar or checking the memory on their machine if they did their own and I most certainly haven't on these occasions either. It would be extremely dangerous even potentially fatal to do so and I fully understand how very serious and dangerous that this would be. I can only assume that at least one of the staff who have put the complaint in about this and who have since given statements about it have deleted my results to get me into trouble (i know it sounds crazy but I don't even believe that their intention was to get me sacked)
    All of the staff who have given statements have lied consistently throughout. They had also accused me of not giving another lady medication or fluids four days prior to making the allegation re not checking the blood sugars and by the time I was questioned about either issue I had already been very thoroughly investigated and cleared of any wrongdoing regarding medication fluid allegation(I can only assume that this was introduced to present my in a bad light to the management and then the blood sugar one brought in a few days later while I was already under suspicion or so they thought)
    The investigator promised me that she would get the machines checked to see if my readings had been deleted and to see if they could find them(these machines can be connected to smartphones/computers in order to use data for various reasons) As I am completely innocent I had every faith that this would immediately prove that I was innocent and waited for result of investifgation on suspension. When I received the report and statements I was shocked to see that the only check that had been made was a brief internet search into make and model of machine and thus claimed (falsely) that the machine had a large non-deletable memory .
    Two statements from care staff alleged that I had not given insulin (one actually stated that she had never seen this given so presumably she hasn't seen other nurses giving it either) one of them also claimed that I was very quick ( procedure takes 5 seconds so time taken would not be discernible) and I could evidence that other things that they said were outright lies
    The two other statements were from two nurses are lengthy and full of either outright lies or half truths which omit their guilt regarding the events that they describe. I can easily disprove every one of these with evidence easily checked within the home.
    BY the time i had my disciplinary meeting I had not been able to prove that readings could be deleted but now am to cut a long story short apart from some vague secondary evidence that it is possible and I was dismissed> I have since bought a machine and contrary to their claim the memory on the ma machine can be easily deleted using the company's own software and I have found quite alot of evidence that individual readings can be deleted although I am still waiting for a computer expert to check the machine to work out exactly how this is done
    I have an appeal hearing nest week . What U really need is advice on how to prove that people would be so evil to deliberately set me up. If anything I was too lenient always meeting the shortfall of the two other nurses because they hadn't done their jobs properly> i have never been horrible to either of them or done anything but try to help them so really cant see what they expected to gain from this apart from added pressure to do extra shifts and stress of working with agency staff
    If I am having a hard time proving to my employers that I have been set up ( I have worked for the company for 4 1/2 years and have a perfect record ) how can I claim unfair dismissal
    By the words in their statement the two nurses are claiming that they had "concerns" about these issues for several weeks and discussed them with each other but did not report them to the manager in case he tipped me off. This alone makes them guilty of 3 gross misconduct offences as per company's disciplinary procedures (I have been sacked for 2) and at least 10 breaches of the nurses code of conduct (I am accused of 1 ) (if we breach even one we can be removed from nursing register and not allowed to practice so this is major) Can I therefore claim that I have been treated unfairly as they continue their employment in the company and I have been dismissed for less(regardless of the fact that I am innocent) than they openly admit ? I have never in 21 years had my clinical skills questioned and up to this point have had a flawless reputation as a nurse yet though no fault of my own now face losing my career through no fault of my own . Unless I am successful in my appeal and I really cant see that happening at all I need to find some way of clearing my name if only to keep my nursing registration. As there is a shortage of nurses and I have worked in every nursing home in the area and left all on good terms I dont think that finding a job will be a major problem but keeping it might prove to be
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  • #2
    Re: dismissed for gross misconduct

    Go through the formal procedure for dismissals first within the company then go legal.

    Comment


    • #3
      Re: dismissed for gross misconduct

      Hi shell01388

      Certainly go through the firm's grievance procedure.
      But bear in mind that you have a limited window to submit an ET claim. (3 months less 1 day).
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: dismissed for gross misconduct

        Originally posted by charitynjw View Post
        Hi shell01388

        Certainly go through the firm's grievance procedure.
        But bear in mind that you have a limited window to submit an ET claim. (3 months less 1 day).
        Agree with this one. Yes remember you have a limited time from dismissal to do this.

        Comment

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