Sacked and distraught - please help!!

Hoopylass

Apologies if none if this makes sense but I'm a right mess just now.

I've been a nurse for just under 9 years within various nhs posts. In October of last year I took a job within the social care setting and was the nurse on duty.

In between times I kept up my skills by working bank shifts as required still within the nhs.

Last Friday I received a call from my service manager stating that he was concerned about the way I had responded to a situation and wanted me to come in to a meeting on the Monday. I was due in nightshift over the weekend. He said I was welcome to come to work but there would be another nurse on duty and I was to refrain from carrying out nursing tasks. He gave me the option to stay at home but I would still be paid as normal. Obv I took this option because at this point I was still unclear about what I had done wrong.

I drafted a statement of what happened and went to the meeting and my immediate line manager was also there. Basically I was called to see a patient who was thought to be in a seizure and I disagreed that she was. I gave my story and explained my actions and was then told that I was up come in on the Wednesday for a probationary review meeting. My probation had been extended by 2months due to a medication error that I had made within my 1st few weeks of post.

Basically at the meeting the lead service manager had made up her mind and pulled up every little tiny mistake that I had made and sacked me on the spot. They were not nurses and stated that I had failed to react appropriately and did not take into account my version of events or clinical expertise.

In hindsight I accept that I should have maybe called nhs direct for advise but I stress at no point was the patient showing an signs of loss of consciousness etc.

The manager said she will have to notify the nmc which leaves me confused and stressed. I'm a homeowner and terrified that I could lose my house. At the moment I still have my bank work to keep my afloat but shifts aren't always guaranteed. If worst case scenario and I'm struck off I have no idea what to do.

I'm not in a union as I let my membership lapse when I left the nhs and really don't know what to do. At no point have I ever been unemployed and have always worked as a nurse.

Please please help as I really don't know what to do

Anouchka

I too had a terrible experience whilst working in a nursing home. Fortunately I was already a member of Unison and had brilliant support from them. I suggest you phone either Unison or the RCN, explain that you are in dire need of help and advice and hope they will allow you to join up now and receive help.

I was suspended from duty pending investigation. Although I had done nothing wrong it was still a bad time for me. However they eventually decided I was not guilty of the actions I had been accused of and ordered me back to work. Needless to say I refused and have worked for the NHS staff bank ever since. I don't know what it's like where you are but here there are shifts aplenty and I am never short of work.

It is a horrible, frightening and confidence-sapping process to go through but you will come out the other end and things will be fine.

For the future, my advice to anybody would be never to work as a nurse without being in a union. This is pretty important in the NHS but VITAL when working in the private sector.

Good luck.

paulineb_2

A union wont represent you if you havent been a member at the time the incident happened as far as Im aware, its for legal reasons. They can however give you advice.

You can appeal their decision

I would start by

1 Asking for copy of your contract if you dont have it
2 Employee handbook
3 Policies on disciplinary and grievance/investigations
4 Copy of the policy on how to appeal your dismissal

It is your stautory right to be accompanied to any meeting such as a disciplinary or investigatory hearing and you also have a right to know of any allegations before going into a meeting

If you have a look at ACAS, on their website there are codes as to how certain issues should be handled, discipline, grievance, a very good starting point

And if you have two years service after you go through the appeal process and you arent reinstated you can lodge a claim to employment tribunal for unfair dismissal

I dont know what to say to make you feel better, all I can say is having had some rotten job experiences and been sacked twice, you think you arent going to get through it, you do.

Get advice and see how you feel about fighting this decision.

Hoopylass

Thanks guys ... I contacted Unison yesterday who I used to be with an they advised that they couldnt represent me as this occured outwith union cover.

I spoke to acas who said that I couldnt appeal the decision as I have not been in post for 2 years and I was on probation. To be honest I dont care about the decision Im just concerned about my nursing registrasion.

I spoke to a union rep off record via a friend last night and got some basic advice but concerned about applying for new jobs whilst this is going on as I need to wait and see if the NMC will take any action.

Ive already started the process of looking at cutting down bills etc and downgrading where I can. I took a 2 month payment holiday with my mortgage last month due to loss of wages from when I was in hospital that I wasnt made aware of.

paulineb_2

You cant go to tribunal, but you should still be able to appeal your sacking. How long was the probationary period? If someone chooses not to keep you on after the probationary period, they can simply just choose to let you go without fuss and bother.

I have a friend who was treated very badly by a company and they let him go the day before his probationary period was up, he chose not to appeal it, they gave him decent references and he left and got something else.

Im a bit confused as to why, if this is simply a case of you not being what they want and you havent done as well as you could of through your probationary period, why are they making all this fuss?

Have they supported you at work? Have you had any formal supervisions, any instances of where they have previously said your work isnt up to standard (and Im also very aware some companies get rid of people when theres nothing wrong with their work pratice and their face just doesnt fit).

Were you given any formal warnings about anything that was supposed to have happened in previous months? They cant have it all ways, if they arent happy with your work, they need to evidence that.

Id still be looking to appeal the dismissal, probationary period or not.

Hoopylass

paulineb wrote: »

You cant go to tribunal, but you should still be able to appeal your sacking. How long was the probationary period? If someone chooses not to keep you on after the probationary period, they can simply just choose to let you go without fuss and bother.

I have a friend who was treated very badly by a company and they let him go the day before his probationary period was up, he chose not to appeal it, they gave him decent references and he left and got something else.

Im a bit confused as to why, if this is simply a case of you not being what they want and you havent done as well as you could of through your probationary period, why are they making all this fuss?

Have they supported you at work? Have you had any formal supervisions, any instances of where they have previously said your work isnt up to standard (and Im also very aware some companies get rid of people when theres nothing wrong with their work pratice and their face just doesnt fit).

Were you given any formal warnings about anything that was supposed to have happened in previous months? They cant have it all ways, if they arent happy with your work, they need to evidence that.

Id still be looking to appeal the dismissal, probationary period or not.

There was an initial 6 mths probation and this was extended by 2 mths due to an error when I first started. I had 2 weeks supernumery period and then I was left to get on with it myself. I was the only nurse ever on duty.

As part of my probation, I had supervision meetings and there were little things that were highlighted but in no way warrenting of sacking. I was not given any formal warnings or anything like that.

They basically said that they have taken into account my overall performance and due to the most recent incident they were terminating my contract. I have 8 years of service previous to this within the NHS and never been an issue.

paulineb_2

Have you been given reasons for your dismissal in writing?

What I was meaning above is theres a difference between being sacked and being let go before the end of your probationary period.

They cant have it both ways. Either you have done something so bad that the only way they could resolve this was to instantly dismiss you.

Or overall during your probationary period your work hasnt been up to scratch and if its been the latter, they need to show some clear evidence of this.

And I would say find out whether they are calling this gross misconduct, or misconduct or whether its simply not keeping you on after your probationary period is over.

And if its the former, I would certainly still appeal it, because they dont seem to have followed any kind of proper procedure, you dont need to have 2 years service to appeal a dismissal

And if they are trying to get nasty, I suggest that you appeal this for your own sake, because if it does come to the point where your registration is in question, I think you need to defend yourself and your record until now.

Hoopylass

paulineb wrote: »

Have you been given reasons for your dismissal in writing?

What I was meaning above is theres a difference between being sacked and being let go before the end of your probationary period.

They cant have it both ways. Either you have done something so bad that the only way they could resolve this was to instantly dismiss you.

Or overall during your probationary period your work hasnt been up to scratch and if its been the latter, they need to show some clear evidence of this.

And I would say find out whether they are calling this gross misconduct, or misconduct or whether its simply not keeping you on after your probationary period is over.

And if its the former, I would certainly still appeal it, because they dont seem to have followed any kind of proper procedure, you dont need to have 2 years service to appeal a dismissal

And if they are trying to get nasty, I suggest that you appeal this for your own sake, because if it does come to the point where your registration is in question, I think you need to defend yourself and your record until now.

Thanks .. this all happened yesterday so she did say that she would be putting it in writing. I will wait for the letter to see what it says.

How do I go about appealing it if I decided that was the way to go?

paulineb_2

Their letter should give you details of how to appeal the decision and who to appeal to. Its good practice for the person or people hearing an appeal not to have been involved with any issue leading up to your dismissal, for reasons of fairness.

Just a letter outlining why you think you shouldnt have been dismissed and that you wish to appeal the decision to sack you

I would also be pointing out that you werent given prior notice of any disciplinary hearing, there doesnt seem to have been a proper investigation process before they moved to disciplinary, you werent informed of your right to have a union rep or a colleague in the meeting (Im presuming you werent)

Id also be asking to see a minute of the meeting and any evidence they have that prior to this incident that there were issues with your work practice

As I said before, the ACAS website is a very good place to start, it tells you the way employers should approach employment matters and what your rights are in law.

Hoopylass

When I asked if I could take someone to the initial meeting on the Monday they said there would be no need as it wasn't that type of meeting but I could bring someone to the meeting on Wednesday. I had no idea it was a disciplinary meeting I was told it was a probation review meeting.

Thank you so much for all your replies so far.

Hoopylass

I have also this morning joined RCN union