How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrew D.P. Scott Your Own Question

Andrew D.P. Scott
Andrew D.P. Scott, Barrister
Category: UK Employment Law
Satisfied Customers: 88
Experience:  LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights
51353973
Type Your UK Employment Law Question Here...
Andrew D.P. Scott is online now
A new question is answered every 9 seconds

Hi, I have been employed by an NHS trust for almost 2 years

Resolved Question:

Hi,
I have been employed by an NHS trust for almost 2 years and due to a personal issue in which my bosses holiday villa was cancelled (which I own) and the fact I came across personal conversations she was having about me and reported it, I found myself subject to an internal investigation and had a disciplinary hearing last week.
The result was for all 3 charges they decided on a Final Warning (a little harsh, but not overly concerned).
When they said the result of the 'charges' they also said that as I work in a small team of 4 people and we are IT network administrators that they were concerned that the trust had been broken and it may be difficult for me to work in that team again.
I stated that I had no grudges, they had no problem with my work prior to Feb of this year when I was ill with depression (they have all medical notes etc..) and to me this is now a closed matter.
The 'panel chairman' said he needed to look into wether or not the trust thing was sufficently serious to stop me returning to work and stated I was still suspended whilst an investigation panel is decided on to look at the evidence - and the result could be that if they found the trust with other team members had gone then I could face another disciplinary case which could result in me getting the sack !!!!
I stated that I had no issue, and if they had a problem with me then thats their issue.
If the panel were concerned of this then they could have sacked me .. I know for a fact my manager wanted me out and when asked by this new panel they will say the trust has gone etc....
So what are my rights here ? - I am being paid whilst on leave but think personally that I'll never go back due to being stitched up.
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Andrew D.P. Scott replied 4 years ago.

Andrew D.P. Scott :

Hello, I am pleased to be asked to assist you.

Andrew D.P. Scott :

did you take a union rep with you to the disciplinary meeting with you?

Andrew D.P. Scott :

request me when you are ready to chat about this

Andrew D.P. Scott :

Regards

Andrew D.P. Scott :

Andrew

Andrew D.P. Scott :

hi

Customer:

Ji

Andrew D.P. Scott :

just caught you

Customer:

I did not have a union rep, but did take in a colleague

Andrew D.P. Scott :

some yes or no answers to cut to the chase

Andrew D.P. Scott :

are you in a union

Customer:

no

Andrew D.P. Scott :

was a breach of trust and confidence part of the original complaint against you?

Customer:

no

Andrew D.P. Scott :

what was the allegation against you? no names or places cos this service is not confidential

Customer:

that I rebooted the wrong computer server causing a 5 min outage, that I upgraded my test account without going through propoer channels of authorisation and that I received a call from a user (as I work on an IT helpdesk) to retreive some information and in doing this I saw conversations that other team members were having

Customer:

3 allgeations in total

Andrew D.P. Scott :

was the charge upheld or rejected

Customer:

all 3 were upheld, the outcome was a final warning - i did not deny ever doing it, but no malice or harm was ever intended

Andrew D.P. Scott :

ok how long is the final written warning on your record for

Customer:

i think 2yrs, it was given yesterday

Andrew D.P. Scott :

ok, the hospital disciplinary policy should give you the right of appeal, yes?

Andrew D.P. Scott :

you need a copy of the policy and procedure

Andrew D.P. Scott :

it should say that an appeal cannot impose a higher penalty

Customer:

yes,but info I have under FOI act state that no appeals have ever been upheld - I have a copy and it does not say a higher penalty can be given

Andrew D.P. Scott :

final written warning for 2 years is the worst penalty before dismissal

Andrew D.P. Scott :

does it say that a higher penalty CANNOT be given

Customer:

they now saw that because I saw the conversations of team members, they are concerned that the trust has gone ...

Customer:

no it does not state a higher penalty can not be given

Customer:

I am happy to leave at the final warning just to get it over with

Andrew D.P. Scott :

how did you come across the conversations

Customer:

the user called to ask if they were logged asits a system similar to MSN, I have permissions so checked the database - Never been asked to do it before so just searched line by line and as a result saw the conversations other people were having about me

Customer:

the call was genuine, they just state once I saw other conversations I should have closed down app

Andrew D.P. Scott :

thats a counsel fo perfection, any normal person would have read in

Andrew D.P. Scott :

this is rediculous

Andrew D.P. Scott :

and not common sense

Customer:

details of what I saw have never been disclosed exceptto the head of HR to complain

Andrew D.P. Scott :

you have succeeded in the disciplinary hearing and that is an end of the matter

Andrew D.P. Scott :

if they want to consider the conversation matter then they need to initiate an investigation

Andrew D.P. Scott :

see if a disciplinary charge can be formulated

Customer:

well I wasnt sacked, so now is the shock that they say there might be a breakdown of trust so might not be able to go back

Andrew D.P. Scott :

call a metting etc

Customer:

I had no part in the conversations,

Andrew D.P. Scott :

thay are not following a fair procedure if they allow this to influence there sanction on something that they say is worth a final written warning

Andrew D.P. Scott :

1) join the union

Andrew D.P. Scott :

2)

Andrew D.P. Scott :

2) ask for written confirmation as to why you remian on suspension

Andrew D.P. Scott :

3) wait to see if they start a new set of proceddings from the begining

Andrew D.P. Scott :

if they do not, and they chnage the 2 year warning to dismissal you will have a pretty good complaint to an employment tribunal for unfair dismissal

Customer:

they have said the new investigation will only be to see if the worries about trust are valid enough to warrant that I cant rejoin the team

Andrew D.P. Scott :

have they sent you a note of the final hearing which includes the chairs comments about breach of trust

Customer:

no

Andrew D.P. Scott :

what a rubbish appraoch

Andrew D.P. Scott :

approach

Customer:

do they have to send me notes of the hearing and the reasons why they come to decision ?

Andrew D.P. Scott :

well, i would appeal the sanction of 2 year written warning, just in case the new allegation tips the balance into dismissal

Andrew D.P. Scott :

you have to stick up for yourself

Andrew D.P. Scott :

have you any other written warnings prior to this

Customer:

nope

Andrew D.P. Scott :

have other staff been treat in the same way for allegations 1,2 and 3?

Customer:

no they have made an example of me due to personal thing with boss & her villa being cancelled + what I saw in the logs show they were chatting about me being off ill and that would come under breach of confidence

Andrew D.P. Scott :

get your appeal in against sanction

Customer:

they say that as I saw the logs by accessing them incorrectly then I cant use them - I did have access to them just that I shouldnt have read them

Andrew D.P. Scott :

i think thats all I can advise you on for now,

Andrew D.P. Scott :

rubbish

Andrew D.P. Scott :

all hearsay is admissible

Customer:

ok thank you for you help and advice

Andrew D.P. Scott :

documents obtained illegally are admissible in court if they are relevant to the issue

Andrew D.P. Scott :

are you clear about what you should consider doing?

Customer:

yes, firstly appeal then await the outcome of this new hearing

Andrew D.P. Scott :

join the union

Andrew D.P. Scott :

I should be grateful if you would press the accept button, and importantly, provide feedback

Andrew D.P. Scott :

you n=knnow how to get me in future

Customer:

the union is clear they will not help on an ongoing issue, only new items 1 month after joining - thus not joining before

Andrew D.P. Scott :

join the union

Andrew D.P. Scott :

you are under a 24 month final written warning

Customer:

ok, thanks

Andrew D.P. Scott :

bye

Andrew D.P. Scott, Barrister
Satisfied Customers: 88
Experience: LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights
Andrew D.P. Scott and other UK Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    7575
    Expert in UK Employment Law
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    1738
    10 Years of experience in Employment Law and HR
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    377
    solicitor
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    150
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    82
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    71
    Solicitor and Advocate
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    46
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Andrew D.P. Scott
Andrew D.P. Scott
Barrister
16 Satisfied Customers
LLB(Hons) 1st Class, Gray's Inn Master Bedingfield Scholar, BVC Very Competent, Public Access Rights