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Under investigation-gross misconduct

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Comments

  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    I don't know much about this area, but it seems like you've done wrong by your employer (as they required the prof indemnity insurance) but not by your professional body (as it wasn't a legal requirement). So striking you off seems highly unlikely - after all, there have been no consequences of your actions.

    But fight your case as much as you can - we all make mistakes and should be allowed to do that without fear of sacking. Unfortunately as you have less than 12 months employment they do have a right to dismiss you without any recourse to the law. It's also possible that even if they don't sack you for that, that they might think that your being pregnant will cause them disruption and do it anyway, citing the misrepresentation instead. Just be aware of that.

    I'm sorry you're in this mess. The only thing I can advise, despite how it feels now, is to see it as an opportunity to learn, and maybe move to a new job where you're not bullied and harassed and can have time with your new baby.

    Let us know how you get on, won't you? :)
    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Deception which is what this is I am afraid is not looked on kindly by employers.

    Deception has an intent to deceive. It doesn't seem this was the case.

    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    KiKi wrote: »
    Deception has an intent to deceive. It doesn't seem this was the case.

    KiKi

    "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. "

    Comes pretty darn close!
  • KiKi
    KiKi Posts: 5,381 Forumite
    Part of the Furniture 1,000 Posts
    Fair enough - my point is more that she believed it was being sorted as there were issues sorting it out; it seems to me the intention wasn't to never get the insurance and lie to the employer about having it.

    That's how I'd read it, anyway, but I appreciate there will be different views. :)
    KiKi
    ' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".
  • Believed it being sorted isnt the same as believing you have the essential registrations. The OP opened the NHS up to a massive liability. I'd be pretty surprised if she isnt' dismissed and doesnt find her professional bodies notified and considering expulsion.

    We also would have to wonder what the issues where.
  • "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. "

    Comes pretty darn close!


    As previously posted, it is not deception. It is however obtaining a pecuniary advantage.

    The intent is already proved. The OP knew she would not get the job without registration, the employers knew they wouldn't give the job without registration. Therefore, intent is proved.

    My knowledge of NHS counter fraud is that if they wanted to instigate criminal proceedings they could also potentially seek civil proceedings for recovery of salary as well (no criminal court would have the powers to order repayment on conviction - it would be up to the employers to instigate their own civil recovery).

    For the OP, I know that this will only add to your worries. I see that from your previous posts you have already seen your union rep - you need to speak ASAP to the branch HQ to get proper representation from them - this will be totally out of the sphere of knowledge of a local rep who is probably more used to attending hearings for attendance at work etc).
  • robin3
    robin3 Posts: 7 Forumite
    I have already admitted liability and wrongdoing so there's no need to rub salt in the wound, I f'd up I know this.

    I was asking for advice on probable outcomes. I am more than sure that I will be dismissed. I guess I am more concerned of criminal prosecution. Even with a caution there is no way I will be able to work in any social context ever again.

    On the application form, I left the start and expiry date blank after supplying my registration number, I informed the panel that this was because I was awaiting renewal of membership so did not have dates to supply- I did not lie about these.

    I brought the issue to their attention, I was not attempting to deceive anyone, I was simply ignorant. which is not a defence just what happened.

    Thanks
  • robin3 wrote: »
    I have already admitted liability and wrongdoing so there's no need to rub salt in the wound, I f'd up I know this.

    I was asking for advice on probable outcomes. I am more than sure that I will be dismissed. I guess I am more concerned of criminal prosecution. Even with a caution there is no way I will be able to work in any social context ever again.

    On the application form, I left the start and expiry date blank after supplying my registration number, I informed the panel that this was because I was awaiting renewal of membership so did not have dates to supply- I did not lie about these.

    I brought the issue to their attention, I was not attempting to deceive anyone, I was simply ignorant. which is not a defence just what happened.

    Thanks

    I don't think anyone is 'rubbing salt in your wounds'. As you say, you need to face up to the reality of facing a potential criminal prosecution. In my view, I don't think it is likely, but no one knows this yet.

    Like I said in my last post, get proper union representation - go direct to you union's branch HQ.
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