depression facing investigation which is still not started after 8mths please help me

[sadgirl]

Please can someone give me advice urgently?

I have been in my current employment for over a year. I was on probationaryperiod for 6 months. During this time I suffered a relapse in my fight againstdepression and was on anti-depressants. Before employing me my employers wereaware that I suffered from depression in the past.

I was told that I wasn’t doing so well at work by my manager and myprobationary period would be extended. At this time I told them that I suffereda relapse. Over a year later I am still on probation and currently off work 3 monthswith depression and stress.

I was lead to believe by the HR dept that when I was better I would returnto work and finish my action plan, and if completed successfully I would begiven my permanent contract.

On Friday I received a phone call from my HR dept to notify me that I wasbeing suspended and investigated for gross misconduct for a particular day atwork where I made a mistake (no one was harmed and mistake was unintentionaldue to stress and pressure I was under on that particular day). They said Iwill receive a letter stating all this on Monday.

Can someone please advise whether it would be better to hand in resignationthan go through the process of disciplinary action? If I was to resign could Iclaim any benefits to support me while I get better? Or if I get fired forgross misconduct can I claim benefits? I would love to be able to fight this,but don’t have the financial backing to hire a solicitor to review everythingand I am not even sure if I have a case.

As I am sure you can imagine this sort of news has not aided my struggle torecover from this current episode of depression and I am at my wits end. Notonly is my career going to end but chances are I will lose my house and couldultimately destroy me.

My GP is fully behind me and very supportive.

Thank you in anticipation.

[Bigredbus]

Please can someone give me advice urgently?

I have been in my current employment for over a year. I was on probationaryperiod for 6 months. During this time I suffered a relapse in my fight againstdepression and was on anti-depressants. Before employing me my employers wereaware that I suffered from depression in the past.

I was told that I wasn’t doing so well at work by my manager and myprobationary period would be extended. At this time I told them that I suffereda relapse. Over a year later I am still on probation and currently off work 3 monthswith depression and stress.

I was lead to believe by the HR dept that when I was better I would returnto work and finish my action plan, and if completed successfully I would begiven my permanent contract.

On Friday I received a phone call from my HR dept to notify me that I wasbeing suspended and investigated for gross misconduct for a particular day atwork where I made a mistake (no one was harmed and mistake was unintentionaldue to stress and pressure I was under on that particular day). They said Iwill receive a letter stating all this on Monday.

Can someone please advise whether it would be better to hand in resignationthan go through the process of disciplinary action? If I was to resign could Iclaim any benefits to support me while I get better? Or if I get fired forgross misconduct can I claim benefits? I would love to be able to fight this,but don’t have the financial backing to hire a solicitor to review everythingand I am not even sure if I have a case.

As I am sure you can imagine this sort of news has not aided my struggle torecover from this current episode of depression and I am at my wits end. Notonly is my career going to end but chances are I will lose my house and couldultimately destroy me.

My GP is fully behind me and very supportive.

Thank you in anticipation.

 

 

______________________________________________

 

Hi, and welcome to the CAG...

 

a) When was that specific day you're making reference to in your post above?

[Kitten1]

Hi sadgirl,

 

I can fully empathise - I'm a nurse who has also suffered with stress n depression.

 

It is never a good idea, IMHO to resign whilst under investigation or disciplinary proceedings.

 

Can I ask, firstly, did you admit to the mistake prior to being 'found out'? And breifly, what did the mistake relate to - just briefly for example a meds error.

 

I may not be around much this afternoon but will do my best to support you and help if I can xx

[papasmurf1cx]

Hi Sadgirl... welcome to the forum. You will get some great advice on here.

 

You say you are a nurse, what kind, a health care assistant or RGN?

 

Do you suspect that this disciplinary hearing is because of your sickness and condition ie an excuse to use the incident as the foil to get rid of you? Have you union backing? Have you legal protection insurance for employment disputes? You can normally find this in your home contents insurance policy.

 

If it is an excuse is there any way that you can proves this, as it could be discriminatory.

 

Benefits are an entitlement and there are many. Perhaps the Benefits forum could help with specific questions you have.

 

Depression is a little understood by many, albeit it is one of the most common illnesses, have you got a specific diagnosis for your condition, sometimes that helps? What has you GP done to support you, in my experience they merely prescribe medication, you should explore if there are local organisations that support mentally ill people.

 

Finally, you may need a solicitor at some point, but again if you are up for a fight, some of the advice on here is good enough for you to try it on your own... it's up to you to decide if you are well enough to tackle it.

[sadgirl]

Hi bigredbus and kitten 1. thank you for replying.

 

the day in question was around the end of March and about 2 days into my new 3 month action plan, in which i had a list of procedures i had to be competant in. The particular incident relates to leaving a post op patient for 2 hours without performing the necessary observations. I honestly dont remember a lot about the day as my condition worsened and my memory is quite bad. I was pulled in for a metting the next day in relation to the mistake and I wasnt even aware that I had made any mistakes, but when they pointed it out I admitted my wrong doing. There was also a drug error the next day where I accidently gave a childs dose of Nasel spray to an adult. I went of sick about 2 days after the meeting as I was completly overwhelmed by the stress and mistakes and have not been fit for work since.

 

If I shouldn't resign, what are my options. I know that the investigation will take its toll on me and not sure if i could cope as I am a very sensitive person. I would have to presume my nusing career that I worked so hard for will be over as a result of getting fired for Gross misconduct....

[sadgirl]

Hi papasmurf. thnk you for reply. i am an RGN. I do have my suspisions that it is discriminatory as they have picked and prodded at me over every single thing i do no matter how small and insignificant. But this is a very difficult thing to prove and could also be a very dangerous accusation to make if it all goes flat on my face. I could lose everything and mount legal costs that i wont be able to afford if i lose.

 

They tried to get me in for a meeting a month ago and asked me to ask my doctor if I was well enough. My doctor decided I was not. Now that I was feeling a bit better they said "now you are feeling a bit better we have decided to inform you that you are being suspended and investigated for gross misconduct" so obviously any progress I have made in getting better has been completly negated.

 

I am in the RCN union which has been a bit useless so far, I asked my rep to come to a meeting about a month ago with me and he pretty much blew me off and said it was too late for meetings.

My GP has supported me with medication and sent me for CBT and always listens to me and my problems and seems to understand me problems.

 

I would love to be able to fight it but the way I am feeling one raised voice and I feel like breaking down and crying.

[Bigredbus]

Hi bigredbus and kitten 1. thank you for replying.

 

the day in question was around the end of March and about 2 days into my new 3 month action plan, in which i had a list of procedures i had to be competant in. The particular incident relates to leaving a post op patient for 2 hours without performing the necessary observations. I honestly dont remember a lot about the day as my condition worsened and my memory is quite bad. I was pulled in for a metting the next day in relation to the mistake and I wasnt even aware that I had made any mistakes, but when they pointed it out I admitted my wrong doing. There was also a drug error the next day where I accidently gave a childs dose of Nasel spray to an adult. I went of sick about 2 days after the meeting as I was completly overwhelmed by the stress and mistakes and have not been fit for work since.

 

If I shouldn't resign, what are my options. I know that the investigation will take its toll on me and not sure if i could cope as I am a very sensitive person. I would have to presume my nusing career that I worked so hard for will be over as a result of getting fired for Gross misconduct....

 

_______________________________________

 

The day in question was around the end of March, and we are now approaching mid-June... two and a half month elapsed since the incident and your employer has now decided to take action in relation to this specific incident. I am slightly suspicious as per their motive here, if I may say... They might well have waved their rights to pursue any disciplinary action in relation to this event due to the time elapsed between the incident and the suspension...

 

a) Were you absent between the day this incident happened and the day you have been informed of your suspension?

[sadgirl]

Have you legal protection insurance for employment disputes? You can normally find this in your home contents insurance policy.

 

.

 

in answer to the house insurance legal advise. the good news according to my policy is - What is covered - A breach of your employment contract

the bad news is - What is not covered - A breach of your contract of employment in the first 90 days of your policy

 

I only purchased new home insurance on May 18th, so that appears to be no good.

[papasmurf1cx]

have you checked your old policy?

[sadgirl]

Hi bigredbus. the incident happend end of March I went of sick 3 days after due to the stress and have been off sick ever since. The first i heard about the suspension was yesterday.

 

I would nearly bet they are doing all this to try and get me to resign therfore they wont have to go through the whole thing and they get rid of me. win win for them! lose lose for me.

Not sure if i have option to resign as i havent exploered this option as of yet. i just dont know what to do.

[Bigredbus]

If this all incident were to be as exact as their words about it... How would you qualify the incident? Serious enough to have been discovered immediately after it happened?...

[papasmurf1cx]

it is never a good idea to resign. Go through the process, they have to adhere to procedure and the law. From what you have described thus far they should take your illness into account. I doubt they can sack you straight off and if they did you could fight it.

[sadgirl]

have you checked your old policy?

 

I havent checked it, but as it finished in May, I wouldnt think they would cover me for legal expenses after this time?

[papasmurf1cx]

I havent checked it, but as it finished in May, I wouldnt think they would cover me for legal expenses after this time?

Depends when the incident started... you say it started in March.... best you check it and see if you are covered, as a first step. If you were all that you need to do is ask the insurer once you have a clear time line in place. Have you a union?

[sadgirl]

Good idea, i will try and locate it and see if that is an option.

 

I do have a union but they have been very unsupportive. I will be giving them a call on monday to see if they will be any more use now (not holding my breath though, all seems a bit of a hassle for them!)

[papasmurf1cx]

who is the union? Sometimes, it is better to bypass the hospital / local reps and go direct to branch HQ as local reps are not always trained in some aspects of the law. I do have to say as well, it does not surprise me that the union is hopeless, my opinion is that having a good legal protection cover is better as the unions are there to serve themselves not their members. However some get good service.

[sadgirl]

If this all incident were to be as exact as their words about it... How would you qualify the incident? Serious enough to have been discovered immediately after it happened?...

 

another memeber of staff discovered the incident and reported it directly to ward manager. the first i reliased of the mistake was when i was pulled in on the meeting. No one was injered or hurt, but it had the potential to be serious enough if something had of happened. The patient wasnt ignored and was being checked by myself, but the actual obseravations were not performed and written down. there would be no record of me checking on the patient and therefore no proof that it happened in my deffence.

[sadgirl]

The Union is RCN (Royal Collage of Nursing) and yes, i completly agree. We are forced to pay for the union and have no choice in the matter, but when it comes to receive help from them it is just pathetic. I originally contacted them in relation to the probabtionary period being extended and the HR action plan to see what their advice would be. I was told "it is too late for meetings, i would suggest you resign"

that was not very useful.

 

I also meant to say I work for a private hospital, so it is all business orientated.

 

I will also be contacting the Citizens advice beuaru on Monday for advice also to see if they can advise best course of action.

[Bigredbus]

another memeber of staff discovered the incident and reported it directly to ward manager. the first i reliased of the mistake was when i was pulled in on the meeting. No one was injered or hurt, but it had the potential to be serious enough if something had of happened. The patient wasnt ignored and was being checked by myself, but the actual obseravations were not performed and written down. there would be no record of me checking on the patient and therefore no proof that it happened in my deffence.

 

________________________________

 

I do assume, therefore that the incident has been reported on the day it happened... As you said yourself, the incident could have potentially given rise to more serious consequences for the patient. Now, facing such occurence, a reasonable employer would have suspended you on the day, or the following day if more practicable... Two months and a half have elapsed and no dispositions have been taken by your employer to deal with this incident. Why now? should be the question.

 

You should write a letter stating that the incident happened at the end of March, and until the day you have been formally informed of your suspension, no action has been taken to either inform you of that incident or suspend you at a date closer to the incident. Request that they explain, or reason, their present actions and why did they wait until now to suspend you...

[papasmurf1cx]

Oh bad luck. We have our own experiences with them. You may find that this aspect of the Equality Act 2010 will help http://www.legislation.gov.uk/ukpga/2010/15/part/5/chapter/1/crossheading/trade-organisations However note that your legal insurers will not cover you because it is not a dispute with your employer rather than with the union. It may be of some assistance though especially as leverage to get help.

[papasmurf1cx]

there has obviously been communications between your management and HR. Might be worth getting in to see your file ( make an appointment and ask when there... go prepared with a letter if they refuse you access ... they might want to cull it) and follow it up with a Data Protection access request and detail email letter and other documentary exchanges between them, including meetings they had to discuss your case. If it is because they want to get rid of you you need to make it difficult for them.

[sadgirl]

hi, you make good points and it may be worth my while asking this question in writing. i did ask on the phone on friday why it wasnt investigated at the time and why now? and HR told me "we were waiting until you got better before delivering this news"

 

as i was off sick from about 3 days after the incident (i think, my mind is so foggy now i find it hard to recall all the details) i suppose they have a valid point...

[Bigredbus]

No... If the incident is considered serious enough to suspend you 'today', it was as serious on the day... and moreover, you were present on the premises for three days after the incident took place.

[sadgirl]

hi, the general consensus appears to say not to resign but try and fight it.

 

The outcome I want now is the best for me financially and health wise. if I go through with the tribunal and win I am still within my probationary period and they could just get rid of me after an agreed time to complete an action plan that I also believe is too hard to do, other members of staff who i talked to said it was very difficult and wouldnt know half the stuff that was on it.

 

I just want a simple life and stress free so I can attempt to get over my illness. I am hard worker and want to get back to work and believe if i do get fired for gross misconduct i will never work again. I love being a nurse and really enjoy looking after the elderly.

[janb]

Hi Sadgirl

 

I am in exactly the same position as you so can totally relate to where you are coming from. I have been off now since early April after my dad had a major heart op and had to put my mum in a home....worst few weeks of my life.....just cry everyday! I got called into work for a meeting and they told me they are making me redundant prob due to lots of time off..........If someone has neva suffered from depression they will neva know! Things can only get better xx

 

Janb