does being sacked affect NHS pension

Bella_Smythe

This is the other 'hypothetical' scenario
SEWIM works for the NHS, and has paid maybe 18 years whole-time equivalent years pension contribution. She is currently being investigated for a serious breach of confidentiality.
In the worst case scenario, if she is dismissed, what happens to her pension? She has heard if you lose your job in this way you lose your pension too?
Please help. anxiety levels are through the roof

HappyMJ

Bella_Smythe wrote: »

This is the other 'hypothetical' scenario
SEWIM works for the NHS, and has paid maybe 18 years whole-time equivalent years pension contribution. She is currently being investigated for a serious breach of confidentiality.
In the worst case scenario, if she is dismissed, what happens to her pension? She has heard if you lose your job in this way you lose your pension too?
Please help. anxiety levels are through the roof

If she's paid any contributions she's always entitled to them no matter what. That includes any employer contribution that was conditional on her sacrificing her salary for more pension.

Generally if the employee is convicted of an offence carrying a prison sentence then they do risk their basic private pension rights and always lose the state pension whilst inside. They don't want to be seen paying prisoners to have a luxury lifestyle at the taxpayers expense whilst unemployed prisoners of working age live on 20p/day due to not being able to claim their private pensions. My opinion any pension payable including private pensions should be paid to the prison whilst they are inside to cover the costs of their sentence but that is not the case.

However, breach of confidentiality is just a breach of trust with the employer and patient. There is no chance of prison and she should continue to be entitled to any pension she's accrued. I suppose the correct answer is "it depends on how serious the offence?".

System

Hi

I agree with the above.

For Fraud there may be a charge placed on the pension, or it could be forfeited.

For dismissal on other grounds it is not normally an issue.

Circumstances will dictate, and / or a Court of Law should it get that far.

Andy_L

If they are prosecuted and the employer has incurred costs as a result (e.g. they are sued by the victim) then they can recover their costs from the pension.

In some (all?) public sector schemes there are clauses allowing the appropriate minister to revoke the pension for "bringing the department into disrepute" or going to prison under the official secrets act but they are of questionable enforceability due to the deferred pay nature of pensions and the lack of fair legal process

Bella_Smythe

thanks guys.
she is going to talk to her union rep later today.
no patient has complained. there is no 'victim' as such. its other staff who have reported the breach of confidentially. she isnt suspended, btw.
I don't think this is a possible criminal courts issue is it? oh dear. she's got even more to worry about now

PennyForThem_2

Depends. Information Commissioner has prosecuted NHS staff for breaking confidentiality under Data Protection Act.


However 'she' needs to talk to Union and get help from them. Remember a confidentiality disclosure has to be proved.