Under investigation-gross misconduct

robin3

To make a long convoluted case short-
I am currently suspended on full pay for investigation into gross misconduct.

The allegations as follows-
Misrepresentation on my application
Lapse in supplemental professional indemnity insurance placing employer at risk.

My professional registration lapsed in March, the same month I applied for the job. I was knowingly having issues regarding the registration however ticked the box on the application that it was current as I (wrongly) assumed it was being sorted.

The registration is listed on the job spec as an essential req (not common but not uncommon in my line of work). However this was not something I was required to present as evidence during interview. (there's a mandatory registration through another agency which is required and which i did present).

My registration is now current and the insurance issue has been sorted as well. I had a "fact finding" meeting yesterday to present my side of the story. I admitted fault and explained the reasonings behind my actions and that these issues have since been rectified. However, they have called someone in from the counter-fraud team who have informed me that based on these allegations (criminal) they are likely to investigate which will include an interview under caution.

The next step they are taking is obtaining witness statements and contacting the relevant agencies.

I'm am sick to my stomach with what is going to happen- with my job as well as with the law. I've never been in trouble in my life and I cant believe this is happening to me.

From what I've read, most gross misconduct cases end in summary dismissal. Is this always the case?
Is it usual to be prosecuted for something like this? It was an honest mishap with no malicious intent and I did try to express that but I'm not sure if it matters.

I'm a speech therapist, working in a permanent full-time post in the NHS.

I alerted my line-manager of the issues I was having re my registration on the 22nd of October at which time she told me that was fine and if I needed any help from her or her manager to let her know.
3 weeks later (absolutely no mention of this topic in the interim) she came into my office in the afternoon and said I was no longer allowed to see patients. I asked why, she said I was not insured to do so. I informed her that the NHS provides cover for all employees and I had supplementary insurance through my union.
She replied, it doesnt matter now, I've reported you to HR and they will deal with you from here. She left and shut the door.

Not really sure if this is relevant but I have had issues with this lady (bullying and harassment) since commencing the post in July. I have documented evidence of this through OH and through mediation meetings.

HR initially informed me that there was no need for suspension and that this matter would be looked into swiftly and rectified in a timely matter. 2 weeks later, I informed them I was pregnant. 1 week later I was suspended and facing gross misconduct.

I guess I was looking more for advice on where I stand legally. I've read that having been employed <1 year makes my position difficult to take to tribunal in the case of dismissal. Also in terms of the criminal aspect of the case, I'm not sure if lack of intent to deceive is sufficient to keep me from facing prosecution.

I have studied 6+ years and have tens of thousands of pounds invested in this career. If this goes as it seems to be going, my career and most probably my life will be ruined.:(

Any advice appreciated

Oldernotwiser

What's your union's position on this?

Sambucus_Nigra

So between March and Oct [when?] you weren't registered? And this invalidates your insurance?

robin3

Unfortunately my union rep has very little experience in general and no experience with this situation. I've spoken to the regional rep who also isnt able to give very much guidance other to say he thinks they are taking this way over the top.
I've presented my evidence and awaiting them to verify and collect witness statements. It will be a few weeks before I know the outcome of their decision.

As an NHS employee, I am insured to work regardless of supplemental insurance. However, it is strongly encouraged that professionals have their own liability cover. I believed I had cover through my union, which I didnt for a period of time, but rectified immediately upon being notified it required a separate payment. There was a period of time (July-Oct) where I did not have my own liability cover.
Not that it matters to them- but had I been involved in a critical incident, it's the trust that gets sued (and their insurance) rather than the individual. I have not found a case where the individuals indemnity insurance is utilised, but again... this doesnt matter much to the head honchos.

I'm absolutely beside myself. I cant afford to lose my job or have my future ruined. I dont know what I'll do.

Hammyman

You'll likely be sacked for lying on the form. I doubt that there would be any prosecution for fraud. If it got as far as going to the CPS, they'd just throw it out and not bother proceeding. In regards to the fraud it is, in effect, the trust throwing their weight around. Nearly everyone lies on their CV/application form but you don't hear a lot of people being prosecuted for fraud.

And also to prove fraud, they have to prove an intent to deceive.

Personally, I'd take it as written that you've got the boot though.

bluetownbarry

I'm guessing the professional body is the HPC. If it is, then not only would it have been a mandatory requirement by your employers for you to have this memebership, it's also a legal one.

My understanding is that you cannot practice without it as to call yourself a speech therapist is a protected job title. I think the pregnancy issue is a red herring, it may possibly be your line managers ignorance of this fact that prevented them starting an investigation for gross misconduct earlier

The way I see it is you have three issues to deal with;

1 The internal disciplinary investigation
2 Breach of HPC rules with possible striking off from the register
3 Possible criminal proceedings instigated for charges similar to 'obtaining a pecuniary advantage'

It seems to me that not only do you need immediate union representation for the 1 & 2 (I'm assuming you are a member of a union). Your next step would be to see if the union would extend representation to any possible criminal proceedings (unlikely in my experience).

Personally, I don't see you have a leg to stand on. It was an essential requirement of having registration before you started employment as you legally cannot practice without it. The point of the HPC being set up & legally protecting job titles (such as yours and for instance 'paramedics') was to protect the public from anyone calling themselves what they wanted and the public being mistreated by unqualified people.

I know the HPC is not without its controversy (registrants having to pay their own fees etc) but it does rather look like you knew all this beforehand and took a gamble that your employers wouldn't find out.

You need proper advice, and as useful as MSE can be, it can only go so far.

For more information, see here;

http://www.hpc-uk.org/aboutregistration/professions/index.asp?id=13#profDetails

robin3

Barry-
It is not the HPC- I'm obviously dumb and naive but not THAT dumb. My HPC reg has been current and valid my entire career.

Unfortunately, because I am going through a disciplinary procedure, I will have to report this to the HPC which in turn will carry out another investigation. If they find need to strike me off the register than I really am through.

Anyways, the registration in question is through my royal college. Which is not an obligatory requirement in scotland (I've only worked in england since taking up this job). Unfortunately it is an essential requirement in england, I was just dumb enough not to tweak that and the paperwork side of things delayed my registration renewal.

I have resigned myself to the fact that I will lose my job. If that's it- it will be hard but not impossible to carry on. If it goes any further, Im screwed.

bluetownbarry

Additional to the above;

'Obtaining pecuniary advantage' has now been replaced by the Fraud Act 2006 but in essence the charge would still be the same, just under a different Act.

As for the insurance issue, you are wrong. As a former NHS worker myself, with a recent change to European Law (well within the last 15 years) health professionals are now personally liable for their own actions (i.e. you do something outside of existing protocol/training). I used to get up to £2,000,000 automatically included with my union membership. So if my employers training was proved negligent their insurers paid, if I decided to do something of my own back I would personally be held responsible.

Ok, I don't hear of many speech therapists killing patients, but if it is a requirement to have your own insurance then it's quite simple. You either do as they ask or you don't and face the consequences.

Edit, I've just seen your other reply re insurance, ultimately if you don't have any & you did something wrong where you could personally be held responsible (as above) your employers insurers could still pay out but then persue you for any payments made. Like you, I'm not aware of this ever happened, but I never wanted to take a chance of getting tied up in years of legal arguments finding out!

bluetownbarry

robin3 wrote: »

Barry-
It is not the HPC- I'm obviously dumb and naive but not THAT dumb. My HPC reg has been current and valid my entire career.

Unfortunately, because I am going through a disciplinary procedure, I will have to report this to the HPC which in turn will carry out another investigation. If they find need to strike me off the register than I really am through.

Anyways, the registration in question is through my royal college. Which is not an obligatory requirement in scotland (I've only worked in england since taking up this job). Unfortunately it is an essential requirement in england, I was just dumb enough not to tweak that and the paperwork side of things delayed my registration renewal.

I have resigned myself to the fact that I will lose my job. If that's it- it will be hard but not impossible to carry on. If it goes any further, Im screwed.

Ahh ok I see now. Well in that case, it is at least one less thing to worry about (for now).

In my experience, the HPC investigation can be a bit unpredicatable, but on past experience, I don't think they will strike you off.

I think one angle worth investigating is the fact that you were working in Scotland where registration through the Royal College isn't a requirement. It wouldn't be a defence, but it might be seen as good mitigation. If I were your union rep, that may be one of the tools I'd be using. The fact you have been open and honest in interview may go some way in your favour, but I think your employers hands will be tied.

One of the many reasons I got out of health care myself was the miriad of faceless managers making decisions that had no basis on health care in my opinion.

robin3

Thanks Barry and others, will hopefully be a silver lining down the line somewhere

MrRedundant

I am afraid that I would think you are almost certainly guilty.

You knew professional registration was essential and knowingly didnt have this valid for 6 months plus; this in turn invalidated the insurance. I have no doubt the investigation will find you guilty and the NHS will be very unlikely not to dismiss in a situation like this.

I also think you may find the professional bodies considering expelling you.

Deception which is what this is I am afraid is not looked on kindly by employers.