suspension

wrightk

can anyone help?

ive been suspended indefinately. i work in care and a patient/client has made a false allegation against me. i know i haven't done it i just dont know how i can prove it. its their word against mine. my employers are saying about getting cctv involved and having my phone looked into? while i dont mind this, surely its not possible is it?

i just dont know how to go forward, my whole working career could be ruined for the sake of this false allegation, i cannot sleep and all i can think about is this.i loved my job and i thought i was different because i actually cared.

Ive had my interview but dont know how long more ill have to wait as my employers have said its out of their hands now

wrightk

just as some extra info. i have worked for the employer for nearly 2 years. i have phoned acas and they said they cannot advise on legal matters only the process of suspension etc.

elsien

Firstly, don't panic although I realise this is much easier said than done. Don't see suspension as an automatic presumption of guilt. It's a way of protecting both the vulnerable person, and protecting you from further allegations while the process winds its way through.
Who was the interview with, your employer or the police?
If you've been suspended, do you have a copy of the disciplinary procedure? If not, ask them to send you one, you may need it. Also has the employer given you a named contact person for support during your suspension? Again, if not, ask for one. And if you are in a union, get onto them as well.

I'm guessing (in the absence of any other information) that your interview was an investigation one with the employer. If so, they may decide go to disciplinary, to refer to the police, or both, or to drop the investigation completely and reinstate you without prejudice.
If they go down the disciplinary route, you will have the opportunity to look at the evidence against you, to question it, and to provide evidence that will support you. You should be given copies of all statements made about you before any disciplinary meeting so you have time to prepare yourself properly.

I'm not sure why the employer is saying things are out of their hands though. If the police are involved then clearly it's their decision whether to charge you or not. However the employer still has to decide whether to invoke the disciplinary procedure or not, regardless of any police involvement. I really think you need more information from them.

wrightk

thanks for your reply. the matter has apparantly been passed to safeguarding who will apparantly interview the service user to confirm their allegation.

my initial interview was with the employer although i have been told i have no say in the process of this safeguarding meeting between them and the service user. i am worried that because the person i look afters communication skills are very poor words may be put into their mouth.

i just dont know how im going to defend myself even though i know damn well i did nothing wrong! and what if charges are dropped will this safeguarding process be put on my crb?

wrightk

my head office has my contact details and said they will inform me regardless of whats happening. ive heard nothing for 3 days ( i know it doesnt sound very long but when you cant sleep for thinking about how my whole working life could be ruined over this) it seems like forever

elsien

Ok, safeguarding is the local authority team which has a statutory duty to investigate allegations of abuse. Your employer has no choice but to pass the allegation on to them. This process is completely separate to your employers procedures. The safeguarding team will be experienced in all the issues around allegations, whether true or false, and regardless of the communication and capacity of the people concerned. Their primary duty is to protect people who are not able to protect themselves, but they look at the whole picture, it's not about putting words into peoples mouths. They may decide to take no action, they may decide that the allegation is unproven but your employer needs to tighten up on some of its procedures or they may decide to involve the police.

Either way, once the safeguarding team have decided what they're going to do, then your employer still has to make a decision about your suspension and any possible disciplinary. A disciplinary may look into gross misconduct (depending on the allegation and whether it is thought possible), or it could be for lesser things such as not following procedures properly, keeping accurate records, or whatever. Or the employer may choose to reinstate you without any further action. Which can and does happen - in this line of work false allegations sometimes come with the territory.

Re your CRB, you're getting way ahead of yourself here- this won't be affected unless you are taken to court and convicted. I suspect you are thinking of the Independent Safeguarding authority which has the power to ban people from certain types of work. I don't know a huge amount about this, but it's not as simple as just adding a name to a list, my understanding is that they've got to have a reasonable amount to go on and anyone nominated gets a full right of reply and chance to appeal.

Unfortunately because of the need to protect all concerned, safeguarding isn't always a quick process. As I said, try not to panic, and don't assume that because you have been suspended that your career is at an end. I have colleagues who have been through similar and come out the other end with no blemish on their character.
Just take a deep breath, get onto your union if you have one, and make sure you understand your companies disciplinary procedure. Then wait. Whatever happens next, you will get the chance to have your say.

Just take it one step at a time and try not to dwell too much on the "what if's."

jobbingmusician

Look at it this way. If I am an employer in the social care sector, it helps my business to be able to say 'if an allegation of abuse is made, we suspend the worker immediately and carry out a full investigation'. That reassures purchasers of our services how seriously we take safeguarding. It does NOT mean that we think all the employees accused of abuse are guilty.

Yes, I would think it is possible to use CCTV and your phone (assuming the latter is relevant). As you are innocent, I would just be as co-operative as possible in order to clear your name!

And elsien's post, above, is well thought out and helpful

wrightk

thankyou.
i will keep you informed when i hear anything, i suppose i will have to sit and wait

Savvy_Sue

jobbingmusician wrote: »

Yes, I would think it is possible to use CCTV and your phone (assuming the latter is relevant). As you are innocent, I would just be as co-operative as possible in order to clear your name!

Indeed, if there's CCTV available, and if the allegations involve the OP's use of a phone, why would anyone NOT want this evidence looked at?

ktothema

Is the question regarding the phone because it's a personal one and not a business one?

wrightk

yes indeed its my personal phone not a business one.

i have spent the last couple of days piecing together my exact whereabouts and tieing that into receipts where i purchased items etc and asking for witness statements for anywhere where i was and i might have saw someone.

i cant say what the allegation is but it relates to my whereabouts on this particular day which is completely false