Suspension and safeguarding

Autumn868

Undervalued wrote: »

The "advice" given in this post is wrong in just about every way, as has been explained by Hauzen and I totally agree with everything s/he has said.

Although this forum can be helpful it can also be very dangerous as this post sadly demonstrates.

Hauzen hasn't given the OP any actual actionable advice whatsoever...


It is very simple though, as the OP only actually has 2 choices-

1. Stay in the job, attend the disciplinary hearing = Even though there is no CCTV showing them doing anything wrong, because the allegation has been made there will now be safeguarding concern about them,
and so as a result the private mental-hospital won't want to take the risk of continuing to employ them, and so will terminate their employment.

2. Resign from this job now themself by simply handing in their notice, and not mentioning this incident at all as part of their reason for resigning, simply say they wish to resign to focus on their studies = Extremely low risk that a minor issue such as this would be reported and escalated to the CQC (especially if the person no longer even works in that job anymore), with worst case scenario being that it did get reported anyways, and so investigation took place, exact like would happen in option 1.


Difference between the 2 options is that option 1# gives the OP 0% chance of having a clear record, wheras option 2# atleast gives them some chance.

jonnygee2

Even though there is no CCTV showing them doing anything wrong, because the allegation has been made there will now be safeguarding concern about them,
and so as a result the private mental-hospital won't want to take the risk of continuing to employ them,

I doubt they'd be so rash. Every employer who works with mental health patients has to tread a careful line between protecting the patients and the power of employees to use physical force. After all, the patients can be dangerous, and staff being injured at work or being too scared to act can cause them just as many problems.

Difference between the 2 options is that option 1# gives the OP 0% chance of having a clear record, wheras option 2# atleast gives them some chance.

Unfortunately it doesn't at all. Under standard safeguarding practice future employers will be obliged to ask the last employer whether there is any known reason to think this person poses a safeguarding concern (or something along those lines), and also to ask the reason for leaving. If this was seen as the reason for resigning, it's much more likely to be put on the reference.

I really think the OP is better off staying where they are. The most likely conclusion is that he needs to go for retraining or something like that. There was no injury, and its an internal complaint. After a few weeks back in employment with them or after some retraining, they would no longer have to say anything on the form.

However if he resigns now that could a) be taken as an admission of guilt and b) make any future employment impossible if his employer decides to declare this incident on future references, they are very likely to say something about the fact he resigned while under investigation somewhere on the reference.


@OP if it helps, I know what this is like as I worked in a regulated sector for some time and was once accused of doing something which would have severely breached safeguarding regulation. Even though I knew I was innocent (and that all evidence would likely be in my favour), just the accusation was horrible and the suspension period unbearable, so I know how tough a situation it is. I think the trick is, don't panic - it happens to a lot of people working with vulnerable people at some point in their career.

At the end of the day you were punched. And even if you got the manoeuvre for restraining someone wrong, anyone who's tried this manoeuvre 'in anger' knows its extremely difficult to execute in the same way it goes in training. Ultimately no one was injured (apart from maybe you?) and you have not been accused of abuse or deliberate harm, so this does not sound like it was in any way a safeguarding concern and that is by far the most likely outcome of this investigation.

elsien

I just wanted to give another scenario before the OP freaks out completely.

In the situation you decribe, the employer had no option but to suspend and raise a safeguarding to protect both you and other people.
I'm not going to comment on the situation because we have only one side of the story. And it can go either way.
But it is possible to go through the process and come out the other side still with a job, with no disciplinary and all allegations considered to be unfounded. I was involved in a case recently where this was the outcome.
Which is why resigning now is a bad idea because it will be on any references if you do. Make sure you have a copy of your companies disciplinary procedure so you know what to expect. Two weeks isn't that long for this process, although I can appreciate it feels different from where you are sitting.

Autumn868

What the last 2 posters have said simply is not factually correct.

An employer cannot just decide upon their own personal opinion about why an employee chose to resign, and then tell other future employers that that was the 'real reason' why the employee themself chose to resign...!

As an employee you do not have to give any reason whatsover as to why you are choosing to resign.
You can simply say that you wish to hand your notice (without including any reason), or can just give any reason you wish, and the employer has to simply accept it, no matter what their personal view may be about it.

And so at any future date if they are asked ''what reason did the employee give for resigning?'' the ONLY option the employer can do is provide the reason which you did give.


2ndly you cannot be 'assumed guilty' in any kind of official capacity whatsoever just because you happen to resign BEFORE you are actually found guilty.

Currently the employee is suspended yes, but cannot be classed as 'guilty' UNLESS/UNTIL they have actually had a hearing where they can put forward their side of the case.
And so if they just happen to leave before that hearing gets to take place, well the hearing will then never take place, and so they cannot ever be found guilty of any wrong-doing.

The employer cannot hold a hearing even after an employee has left, and then find them guilty at that! :rotfl:


It is correct that you may be found not guilty, but you very very easily could be, so why take such a huge risk when it's not even a job you want?

For them to actually suspend you, rather than just addressing it verbally in-work, shows they clearly are believing the other staff over you, and view you as a risk.

Savvy_Sue

Autumn868 wrote: »

But this way they cannot sack you, as they would need to first conduct the hearing, and cannot even give you a bad reference/or mention this incident in any way on any future reference,
since until/unless that hearing takes place no verdict can be drawn about you, plus you never will of been sacked for gross misconduct, you instead will simply of resigned of your own accord to 'focus on your degree studies'.

This idea that you cannot be given a bad reference rears its ugly head again. They cannot give you an untrue reference, but they can - and IMO SHOULD - say something along the lines of "Asxetos resigned before an investigation could take place into an allegation of misconduct and after declining to attend a safeguarding enquiry". Again, the safeguarding enquiry could still take place - with or without him being an employee.

Employment law does not work on the 'innocent until proved guilty' principle. It works on the principle of what an employer has reasonable grounds to believe.

Sovngarde

Your employer should have given you all the relevant info in terms of safeguarding policy, procedure and what will follow the referral and alert. If not there should be guidance available from the local authority safeguarding team in your area and further reading and resources online.

Curious to know what the incident reports and formal records include bearing in mind the number of staff involved.

In any case my advice is to speak with the local safeguarding team and then Citizens Advice to gather as much info and arm yourself with knowledge and gather support for whatever lies ahead.

Your career plans could well be affected by the outcome so you do need urgent professional advice and make sure you get the right support and representation.

Asxetos

I don't think they necessarily believe the other staff over, rather it's a typical procedure to get suspended after an allegation especially when the it's raised to the safeguarding authority. The allegation has to be investigated as to whether it's true or not, no matter what the employer believes.
Anyways, In my case i cannot see how I could be sacked if the only one injured is me ( who is to protect me btw?). See in this job you restrain hundreds of times/year and there's a variance in the force you use across those restraints. For instance you cannot be smooth and gentle with big lads when you are on the floor with them.

Asxetos

If I'm not wrong the incident report I saw that day was protecting me describing how I got punched unprovoked. There's no mention of anything related to the allegation.

Sovngarde

Forgot to mention sorry – leaving your job doesn't mean skipping out on any formal investigations or criminal proceedings (not you personally but those with a fondness for throwing their weight about and flat out doing what they know they shouldn't but think they can and ultimately avoid any further comeback by just leaving)

All providers have a legal duty to informal the multidisciplinary teams involved including CQC, LA's safeguarding and ISA on which all people referred for safeguarding investigation are placed temporarily pending the outcome of investigation. That prevents you from working or allowing any employer to hire you to work with vulnerable people for the time being.

References can't be unfair, personal attacks on someone but if there were or still are concerns regarding someone's suitability to work in a particular job they can and must.

You can be placed on the ISA barred list with or without your cooperation, attendance or knowledge if deemed necessary but generally speaking, if you are open, honest, upfront and don't attempt to hide or just quit the job and leg it you shouldn't have too much to worry about.

Work with them and do things via the proper channels you're likely to leave the job and move into your chosen career without anything following you there.

It's when people quit jobs, up-sticks and move houses and go off the radar that they raise even greater suspicion and concern about their next move so the more honest and open the better.

Truth be told if I were involved in a case where a vulnerable adult was physically injured during a restraint involving so many people my focus would be more on your employer than individual staff :undecided

elsien

Autumn868 wrote: »

What the last 2 posters have said simply is not factually correct.

An employer cannot just decide upon their own personal opinion about why an employee chose to resign, and then tell other future employers that that was the 'real reason' why the employee themself chose to resign...!

As an employee you do not have to give any reason whatsover as to why you are choosing to resign.
You can simply say that you wish to hand your notice (without including any reason), or can just give any reason you wish, and the employer has to simply accept it, no matter what their personal view may be about it.

And so at any future date if they are asked ''what reason did the employee give for resigning?'' the ONLY option the employer can do is provide the reason which you did give.

.

The employer can quite simply make the factually accurate statement that the employee resigned while suspended/pending a disciplinary. The reason the employee gave is irrelevant in these circumstances.