Been sacked due to allegedly accused of stealing at work. Help :(

twilighter946

Hi,
I really need some advice on what to do regarding a situation im in.
I work in a Nursing home as a care assistant (night shift) for just over a year now. Doing well in my job and everything was looking great.

On Friday night a resident brought to the nurses attention that she saw me by the drugs trolly and she saw me put SOMETHING in my pocket. When the nurse did a stock take she realised a strip of 'Co-codeamol' was missing (now these drug counts arent done daily)....so after the night shift was over, myself and other carers went home and the nurse in charge brought this to the managers attention.

The manager then phoned me at 1.30pm to say i have been suspended due to this allegation, and i have to attend a employment review on Saturday just gone.

So i attended this meeting, and was told what has been said.

I said the only time i was by the drugs trolly in the lounge was when i heard someone shouting for assistance so i went into the lounge, put my gloves onto the drugs trolly, as i had to use the disinfectent gel for my hands (which is kept on the drugs trolley), picked up my clean gloves up and put them im my pocket (like i always do...u have to keep changing your gloves when dealing with another residant - health n safety) and assisted the residant who was calling.

Now my issue is...

1. these painkillers co-codamol - my manager knows personally I can not take co-codamol because they make me sick (in June i had a accident, doc gave me co-codamol but i had to come off them after 2 days because they were making me bad) and she remembers our conversation about it.

2. i stated why didnt the nurse in charge search me and the other care assistants when this was brought to her attention straight away (as i would of happily of let her strip search me to clear my name) but she didnt! she reported it to the manager after our shift ended!

3. The resident who is making this allegation is a 94yr old lady, she isnt the confused type to be honest, but she cant see passed her nose. Her eye sight is poor.

4. I also stated that on previous shifts when doing house keeping i have swept loose pills up off the floor and handed them to the nurse in charge and any nurse can verify this.

5. Also, because the home is been refurbished the drugs trolly is kept in the lounge (for the past 7months now) and isnt always locked and has been unattended many of times unlocked ... so how do they know the pills never went then?

6. I also stated, that being a carer medication isnt my job so i wouldnt have a clue what medication resisdents are on. I would of physically had to open every single tray and flick through what medication there is. That would of took several minutes not seconds.

7. Why would i take a strip of medication that i physically cant take cus they give me side affects previously.

8. The resident claimed there was 4 resisdents in the lounge at that time in question, but myself and the nurse both stated there was only 2 resisdents left up in the room (so she cleary cant count properly)

so...because they cant prove wheather i did steal them or not ... they have sacked me on the basis of "ALLEGEDLY STEALING PERSCRIBE DRUGS".

No police involved because obviously they cant prove the theft, and because this resisdent hasnt got nothing personal against me, her making this allegation, and then finding out this strip of drugs have gone missing (which could of gone missing any time) i have now been dismissed!

I just need some serious advice on what to do next?

Ive never stole anything in my life, I need my job and wouldnt do something stupid like that.
Im absolutely gutted, im a emotional wreck cus i loved my job.

Any help or suggestions would be much appreciated as ive never ever been in this kind of situation before.

Thanks in advance

SarEl

I am really really sorry that I am answering this - because what I am going to tell you is going to scare you more, but you need to hear this because it is very important, and whilst a few people here will know about this, most won't. I'm also sorry, because I know this isn't the time to be telling you that union membership is very important, and you should have been in a union. If you had been you would have been able to access legal advice and support - it's too late for that now, but please in future join a unon - because now you do need legal help, and you are going to have to do whatever it takes to find a solcitor.

Because dismissing you is not the end of this. Your employer is regulated, and by law they are required to report this dismissal - which means that you will have a record for theft of drugs which will possibly stop you ever working with vulnerable people again. If they have not reported it - and you will hear if they do because the regulatory body must inform you - then they are breaking the law themselves. Which would make me wonder about a lot of things.

Not that I am not wondering already, because drugs must be kept in a secure place and strictly accounted for on at least a daily basis.

If you have spent any time browsing other posts, you will already know that an employer does not have to prove that you stole the drugs, but they do have to have reasonable belief, and I think that they might well fail such a test, based on what you have said. But this is a very serious allegation and so you must try to get legal advice. Your insurance policies may cover legal help, but otherwise talk to your local advice centre as they may be able to recommend a no win no fee solcitor - or if you have a law centre locally, speak to them. You need to do this quickly, as you have a limited amount of time to make a claim for unfair dismissal.

twilighter946

SarEl wrote: »

I am really really sorry that I am answering this - because what I am going to tell you is going to scare you more, but you need to hear this because it is very important, and whilst a few people here will know about this, most won't. I'm also sorry, because I know this isn't the time to be telling you that union membership is very important, and you should have been in a union. If you had been you would have been able to access legal advice and support - it's too late for that now, but please in future join a unon - because now you do need legal help, and you are going to have to do whatever it takes to find a solcitor.

Because dismissing you is not the end of this. Your employer is regulated, and by law they are required to report this dismissal - which means that you will have a record for theft of drugs which will possibly stop you ever working with vulnerable people again. If they have not reported it - and you will hear if they do because the regulatory body must inform you - then they are breaking the law themselves. Which would make me wonder about a lot of things.

Not that I am not wondering already, because drugs must be kept in a secure place and strictly accounted for on at least a daily basis.

If you have spent any time browsing other posts, you will already know that an employer does not have to prove that you stole the drugs, but they do have to have reasonable belief, and I think that they might well fail such a test, based on what you have said. But this is a very serious allegation and so you must try to get legal advice. Your insurance policies may cover legal help, but otherwise talk to your local advice centre as they may be able to recommend a no win no fee solcitor - or if you have a law centre locally, speak to them. You need to do this quickly, as you have a limited amount of time to make a claim for unfair dismissal.

I really appreciate you taking the time to read my post and getting back to me.

I didnt even know anything about a union membership!! i dont even know what it is.

I offered to take a blood test and everything, but they did ask me in interview "has anyone asked me to steal perscribe medication for them" and i obviously said know because know one didnt ask me and i wouldnt do such a thing anyway.

I even said i can get a written report off my doctor stating that i had to go back to him in June when i had my fall regarding my injury medication because they didnt agree with me.

My manager had tears in her eyes when she dismissed me because she said she personally doesnt believe I would do this but from a managers side of things she has to look on it as a different way.
She also said its hard because she has to let go one of her best carers.
I was in tears and said I will never get a job in caring again of something i didnt do and she said she would give me a reference.

She also stated that I am right when i say the nurse should have searched me and the other carer when it was brought to her attention but my manager said thats something they will have to address with the nuse on charge that night.

davehills

I know it probably won't make much difference, but do you know the strength of the tablets that went missing?

The reason for asking is that I believe that the lower strength tablets can be purchased over the counter in the UK (Solpadiene?)

Why would anyone steal tablets that can be bought, surely they'd pinch something stronger?

My feeling is that you have a good case for an unfairm dismissal case but you need to seek legal advice.

SarEl

twilighter946 wrote: »

I really appreciate you taking the time to read my post and getting back to me.

I didnt even know anything about a union membership!! i dont even know what it is.

I offered to take a blood test and everything, but they did ask me in interview "has anyone asked me to steal perscribe medication for them" and i obviously said know because know one didnt ask me and i wouldnt do such a thing anyway.

I even said i can get a written report off my doctor stating that i had to go back to him in June when i had my fall regarding my injury medication because they didnt agree with me.

My manager had tears in her eyes when she dismissed me because she said she personally doesnt believe I would do this but from a managers side of things she has to look on it as a different way.
She also said its hard because she has to let go one of her best carers.
I was in tears and said I will never get a job in caring again of something i didnt do and she said she would give me a reference.

She also stated that I am right when i say the nurse should have searched me and the other carer when it was brought to her attention but my manager said thats something they will have to address with the nuse on charge that night.

Oh dear, please don't take this the wrong way - but you are quite young aren't you? Don't feel sorry for your manager - she may indeed be very nice, but you must look after yourself here. Nothing she has said will stop her telling lies about you if this comes to a tribunal - trust me, I know! Please go see someone about legal help over this.

And trades unions are people who represent workers when they have problems. They aren't perfect, but they are the only people who you can depend on to be on your side.

SarEl

davehills wrote: »

I know it probably won't make much difference, but do you know the strength of the tablets that went missing?

The reason for asking is that I believe that the lower strength tablets can be purchased over the counter in the UK (Solpadiene?)

Why would anyone steal tablets that can be bought, surely they'd pinch something stronger?

My feeling is that you have a good case for an unfairm dismissal case but you need to seek legal advice.

It's a good point - actually co-codamol can also be bought over the counter (although not in some of the higher strengths I believe) - but people do actually steal such drugs, so on it's own it isn't a defence. What is more insteresting is that the drugs could be stolen (or not!) - drugs are strictly regulated and should be jkept in a secure location, and only taken out and dispensed under supervision. They should certainly not be left unsecured and unsupervised in an open lounge.

twilighter946

davehills wrote: »

I know it probably won't make much difference, but do you know the strength of the tablets that went missing?

The reason for asking is that I believe that the lower strength tablets can be purchased over the counter in the UK (Solpadiene?)

Why would anyone steal tablets that can be bought, surely they'd pinch something stronger?

My feeling is that you have a good case for an unfairm dismissal case but you need to seek legal advice.

To be honest with you i ent even got a clue what strength went missing. At a guess I would say they would be strong tablets because it is a nursing home and i should imagine all medication is prescribed drugs off doctors.

I just feel so numb, ive never experience anything like this in my life. I cant believe this has happened to me

ifonlyitwaseasier

aww twi, take SarEl's advice, get some legal advice on this.

twilighter946

SarEl wrote: »

Oh dear, please don't take this the wrong way - but you are quite young aren't you? Don't feel sorry for your manager - she may indeed be very nice, but you must look after yourself here. Nothing she has said will stop her telling lies about you if this comes to a tribunal - trust me, I know! Please go see someone about legal help over this.

And trades unions are people who represent workers when they have problems. They aren't perfect, but they are the only people who you can depend on to be on your side.

Yeah you guessed right i am quite young, but old enough to know what right and wrong is.

Im going to my local citizens advice bureau tomorrow morning.

Im not going to let this defeat me, and i am also going to apply for other local care assistant jobs. And lets see if what kind of reference they give me.

No police have been involved - i thought it might of been because they cant prove i actually stole them!?? I think if they reported it the police would have been out to me by now.

I just dont know im just so confused, i live in private rented property and ive got to think how am i going to pay for my rent at the end of the month.

Ive also heard i cant claim JSA if i have been sacked for 26 weeks? Could you confirm whether this is true or not?

I really appreciate all the advice you have given me so far. Thank you

Googlewhacker

SarEl wrote: »

Oh dear, please don't take this the wrong way - but you are quite young aren't you? Don't feel sorry for your manager - she may indeed be very nice, but you must look after yourself here. Nothing she has said will stop her telling lies about you if this comes to a tribunal - trust me, I know! Please go see someone about legal help over this.

And trades unions are people who represent workers when they have problems. They aren't perfect, but they are the only people who you can depend on to be on your side.

And employment solicitors. And whilst I agree with what you say I do feel that it should be mentioned that if the manager genuinally believes what they are saying then they won't lie at tribunal.

twilighter946

SarEl wrote: »

What is more insteresting is that the drugs could be stolen (or not!) - drugs are strictly regulated and should be jkept in a secure location, and only taken out and dispensed under supervision. They should certainly not be left unsecured and unsupervised in an open lounge.

You definately have a point there.
The home is being refurb at the moment. The drugs trolly is normally lock up in the office, but because the office has been knocked out etc the drugs trolly is kept in the resisdents lounge, and is not always locked and is unattended.
Ive also swept up loose pills off the floor and handed them over to the nurse, and the nurses throw the loose pills straight in the bin, but them pills werent written down in a book saying that they have been thrown away or anything.

And my point to the manager was how do know them missin co codeamol tablets werent loose pills found on the floor over x amount of days.

Its only because a resisdent seen me put SOMETHING (she didnt even say it was tablets or anything) in my pocket when i was by the drugs trolly (my gloves which all us carers do keep loads of pair of gloves in our pockets), thats the only reason why the drugs were counted, as they are not counted on a daily basis (which to be honest they should be, so maybe they will have to change certain things interally now)