What do you make of this ?

[Dansdad]

To recap, my wife was dismissed for gross misconduct following 18 months of bullying and the sending of offensive emails (the retrieval of which initiated the gross misconduct charge).

Today, the RCN legal team announced that they aren't going to take the case to an ET.

They say that because she's so well qualified, its unlikely she'll be out of work for long and therefore although she has a case, the amount awarded is likely to be less than the solicitors fees (which apparently aren't recoverable) and therefore its not financially viable to pursue the case.

They did say however that she could always represent herself ?

Any thoughts ?

Thanks

Ron

[Bookworm]

She can indeed represent herself.

If you are unfamiliar with the procedure, read here:

Employment Tribunals : Directgov - Employment

and then if you want to go further:

Employment Tribunal - Homepage

[tiglet]

I'll do some scouting about on this with OH.

[Dansdad]

Originally Posted by Bookworm

She can indeed represent herself.

If you are unfamiliar with the procedure, read here:

Employment Tribunals : Directgov - Employment

and then if you want to go further:

Employment Tribunal - Homepage

Thanks Bookworm, I'll have a read through the links.

To be quite honest though, I don't think she's up to representing herself
as she's quite timid. I've suggested to her that she might approach the RCN rep and see if she'll represent her as a lay person. Just a thought.

Cheers

Ron

[Dansdad]

Originally Posted by tiglet

I'll do some scouting about on this with OH.

Thanks Tiglet. I don't know what OH is but thanks anyway !

Cheers

Ron

[Rooster-UK]

Originally Posted by Dansdad

Thanks Tiglet. I don't know what OH is but thanks anyway !

Cheers

Ron

OH is other half........ Mr tiglet.

[gizmo111]

To recap, my wife was dismissed for gross misconduct following 18 months of bullying and the sending of offensive emails (the retrieval of which initiated the gross misconduct charge).

Did your wife send the offensive mail, or was she receiving it?

[poppynurse]

I think that's a dreadful attitude fro the RCN to take - she has paid her dues, she was treated badly by her employer - has she spoken to a full time officer about this? I would appeal their decision not to represent, and how do they know she will get another job easily....what about the previous employers reference?

[tiglet]

Can you PM me some names please Dansdad?

Thanks

[Dansdad]

Originally Posted by gizmo111

Did your wife send the offensive mail, or was she receiving it?

Neither, she was the subject in one from the bully to another nurse, saw it by accident and then went back and retrieved it as evidence. (The users account had been left open for anyone to access).

[Dansdad]

Originally Posted by poppynurse

I think that's a dreadful attitude fro the RCN to take - she has paid her dues, she was treated badly by her employer - has she spoken to a full time officer about this? I would appeal their decision not to represent, and how do they know she will get another job easily....what about the previous employers reference?

Hi Poppynurse,

They know that she's already started a trial period on another job at a different practice with virtually the same hours so she's only been unemployed for 2 months. And not all the doctors agree with the way she has been treated so one has guaranteed a good reference.

However she is going to speak to the RCN officer again this week and see what she thinks. I gather she's not happy with the legal team's decision.

I can see the logic in their decision if they believe that it'll cost more to proceed than they will gain financially as they have to protect their members funds, but its gone beyond finances now. If he gets away with this, then undoubtedly sooner or later he'll do the same to another nurse and there's also the matter of clearing her name. Making a mistake whilst close to breakdown after 18 months of bullying is not the same as deliberately doing something wrong for personal gain, in my opinion.

Cheers

Ron

[Dansdad]

Originally Posted by tiglet

Can you PM me some names please Dansdad?

Thanks

Okey-dokey, on their way.

Cheers

Ron

[poppynurse]

Don't forget the deadlines are tight for tribunal - I really think the RCN should be carrying on to clear your wife's name, but if not I would make sure your wife really doesn't want to take it forward herself before the deadline slips past.

Hope she's enjoying her new job.

[freakyleaky]

Originally Posted by tiglet

Can you PM me some names please Dansdad?

Thanks

Sorry but what names and why would you need them?

[tiglet]

RCN reps/legal names so OH can do some scouting.

[Dansdad]

To recap ;

My wife had been dismissed from her job as a nurse for alleged gross misconduct after suffering many months of bullying which had taken her close to a breakdown.

The legal team at the RCN wouldn't let the union fight the case so we went on alone.

Documents had been exchanged, the tribunal date was set and we were about to exchange witness statements when the surgery manager caved in and offered the full settlement as requested. Naturally we were surprised but extremely pleased !

Once informed and reading between the lines, I don't think the RCN rep was best pleased with their legal team for not taking on the case especially in view of the size of the settlement.

I am sure the surgery manager expected my wife to go quietly given the state she was in and even gloated about what he'd done. He was rattled when she fought back and life for him got even more difficult thereafter. The girls told us that he was getting more and more stressed and short tempered as the tribunal date approached and we showed no sign of backing down.

Well its all over now thankfully and time to move on.

Thanks for all the support, both collectively and individually, offered on here. It was very much appreciated by us both.

Cheers

Ron