Suspended from work

anthonycuk

I've been suspended from work for 3 months this week and the only communication I've had is one letter explaining that I've been suspended and that there may be a POVA investigation.

I was on holiday when I was suspended and came home to find that all my work colleagues knew that I was suspended before I did. I'd heard gossip about why myself and two others were suspended and I laughed. Basically a student nurse wasn't happy with the way that we attended to a patients personal hygiene whilst showering him. It's the way I have done it for the two years since I've been there.

So after three months I receive ed a phone call from the police and she explained that the allegation was that I poured water of a patients head (which everyone does to wash the soap out of his hair) and that she would need to take a statement from me and wants to get me back to work ASAP.

I know that I'm going to be cleared of any wrong doing, because the way this patient is showered is care planned. I don't want to go back to work, I've been so stressed, I feel like my name has been tarnished, I've lost interest in my job.. One that I loved and was a well respected member of staff. I'm nervous when I go outside and people asking me why I'm not in work, I haven't been sleeping properly and the thought of going back to the ward makes me feel sick. My employer (the NHS) hasn't contacted me for three months, is this acceptable? I don't think suspendeding someone and giving them full pay is not good enough, there's been no communication or support.

Obviously the student nurse who made the allegations has whistleblowed, and instead of discussing it with the ward manager she went straight to POVA.

What are people's thoughts on this situation? I wouldn't want anyone to be in this position!!

Denning.

You are a member of a union? Weren't you in contact with them? Raise your concerns with them so they can help the NHS reform their procedures. If it is as you claimed then yes, 3 months with no contact would be unacceptable IMO.

anthonycuk

I was in the union, but stopped paying my membership (very stupid I know!!). I haven't had any contact with my employer, they sent me one letter and their disciplinary policy, which states they should give me regular updates about the investigation and that they would send me my payslips to my home address, which they haven't been doing. I didn't want to be the one to contact them, I wanted to see how long they would carry on breaking their policy.

marybelle01

I appreciate this is a pretty horrible situation to be in, but the employer has done what they have to in the face of a very serious allegation of abusing a patient. They aren't required to provide you with support, and any communication they may have would be in relation to the allegations against you, if they need any interviews etc. Support etc., is what you get from your union (if you are in one).

I would be very cautious of what the police say, or the friendly "wanting to get you back to work as soon as possible". If the police are involved this is being taken EXTREMELY SERIOUSLY, because a POVA investigation does not need to involve the police at all. And being cleared by the police of any criminal wrongdoing - or there being insufficient evidence of any criminal wrongdoing - DOES NOT mean that your employer will clear you, that you may not face disciplinary charges, or even be dismissed. It is not up to the police to decide if you return to work - that is up to your employers.

On a personal note, if a care plan includes pouring water over a patients / clients head, then there is something very wrong with the people devising the care plans! I recognise that this may not be your fault if you have been told to do it this way - although bear in mind that this doesn't mean you may not take the fall for it. Shampoo should be washed from a clients hair by tipping their head back, preferably from a seated position, and pouring the water over their hair, so that shampoo cannot enter the eyes, nose or mouth. If this is not possible for some reason, then great care must be taken to shield their eyes etc from shampoo entering them. If your care planners don't know that any hairdresser will tell you it!

If you are a member of a trades union, have you involved them?

marybelle01

anthonycuk wrote: »

I was in the union, but stopped paying my membership (very stupid I know!!). I haven't had any contact with my employer, they sent me one letter and their disciplinary policy, which states they should give me regular updates about the investigation and that they would send me my payslips to my home address, which they haven't been doing. I didn't want to be the one to contact them, I wanted to see how long they would carry on breaking their policy.

Do not depend on this saving you. In the face of the potential allegations here, this is a minor breach of policy and it won't save you. You need to be very careful here - can you produce a copy of the care plan stating that the clients hair should be washed in this way? Or can you obtain a copy? Although by this stage I rather suspect any such care plan has been shredded...

anthonycuk

marybelle01 wrote: »

Do not depend on this saving you. In the face of the potential allegations here, this is a minor breach of policy and it won't save you. You need to be very careful here - can you produce a copy of the care plan stating that the clients hair should be washed in this way? Or can you obtain a copy? Although by this stage I rather suspect any such care plan has been shredded...

I work on a brain injury ward and the patient is severely brain damaged and very aggressive, he's nursed 1:1 in his own unit and it takes 3 people to attend to his personal hygiene, he's only able to have a shower as we wouldn't be able to put him in a bath.

The way we shower him is the way that we've done since I've been there. Even the deputy ward manager does it this way. It sounds far worse than it is, we just wash the soap out of his hair.
I wouldn't be able to get hold of his care and as I'm not able to enter the hospital or have any contact with staff. The other two suspended have been there 25 years and have a good relationship with the patient.
I

marybelle01

anthonycuk wrote: »

I work on a brain injury ward and the patient is severely brain damaged and very aggressive, he's nursed 1:1 in his own unit and it takes 3 people to attend to his personal hygiene, he's only able to have a shower as we wouldn't be able to put him in a bath.

The way we shower him is the way that we've done since I've been there. Even the deputy ward manager does it this way. It sounds far worse than it is, we just wash the soap out of his hair.
I wouldn't be able to get hold of his care and as I'm not able to enter the hospital or have any contact with staff. The other two suspended have been there 25 years and have a good relationship with the patient.
I

You can ask the employer for a copy of the care plan (if it still exists, that is) - this is something a union would have done instantly. You are allowed to contact the employer for information which would help your defence. I really do appreciate what you are saying, but honestly... I can see why a student nurse may have gone directly over the heads of the staff is mangers are acting in the same way. Having been involved at times (as a manager) in similar investigations, they are slow at the best of times - but as I said, I am most concerned about the involvement of the Police because this is not automatic, and someone has called them in, indicating that someone is treating this as a very serious allegation. I wish I could help more, but I can't think how to. Just be aware that the Police cannot reinstate you and they have no interest in your employment at all.

And whatever happens, do not resign. Resigning in the face of a POVA allegation is an admission of guilt.

anthonycuk

marybelle01 wrote: »

You can ask the employer for a copy of the care plan (if it still exists, that is) - this is something a union would have done instantly. You are allowed to contact the employer for information which would help your defence. I really do appreciate what you are saying, but honestly... I can see why a student nurse may have gone directly over the heads of the staff is mangers are acting in the same way. Having been involved at times (as a manager) in similar investigations, they are slow at the best of times - but as I said, I am most concerned about the involvement of the Police because this is not automatic, and someone has called them in, indicating that someone is treating this as a very serious allegation. I wish I could help more, but I can't think how to. Just be aware that the Police cannot reinstate you and they have no interest in your employment at all.

And whatever happens, do not resign. Resigning in the face of a POVA allegation is an admission of guilt.

Thank you for your advice, you have been really helpful. Really appreciate it

Takeaway_Addict

How long since ur last payment to the union?

I personally would be looking at the possibility of paying all your fees from when you stopped till today if they agree to support you. Grovel and apologise etc etc

marybelle01

I have been giving this further thought - and you probably won't like what I thought, but I will tell you anyway. If you have been suspended for three months already and the police have only just contacted you, then they have contacted you because an investigation has already taken place - maybe not the full and total employers investigation - but sufficient for someone to have decided that a criminal act (probably assault) may have been committed. The police would not even look at it unless possible criminal acts had been laid before them - someone has told them there is a possible criminal act. If the early part of an investigation suggest that something wrong has been done, but that isn't something that is potentially criminal, or it isn't considered "serious" enough for police investigation, then the employer would proceed via internal procedures. I think that if the suggestion of asking the union to take you back doesn't work, it may be worth you considering legal advice. I certainly suggest you do not want to be interviewed by the police without a lawyer!

slenderkitten

Have you been in contact with the other two persons who have been suspended, i dont mean to collude but to see if they know more being that (i assume were at work, when you were on holiday)?

It just seems far fetched that you are suspended for possibly not washing the hair correctly. Like others suggest, you need legal representation in the very least go to citizens advice bureau then they can make a start and find out what's going on.

You should get in contact with your employer don't leave it in case something else crops up and you don't know about it.

I don't know how long the investigation could go on for or last but you really do NEED information, dont leave it for your employer to contact you. It is my personal opinion and I don't agree with what one poster says that the employer is not duty bound to contact you other than in writing, they have at least broken the terms of what they agreed or stated they would do by sending you your payment slips to your home address, in the very least get this aspect sorted out in case you need them for whatever reason.

I hope you get this sorted. Sorry I couldn't be of more help.