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

[sadgirl]

hi to all,

i have written on this forum before and got great advise,however the problem is still here.

in brief,i am a nurse in a private hospital,i suffered a major episode of depression,management aware of same. last april i made mistakes at work,i carried on workin for a week until i cud not handle it any longer. i have been covered by sick certs from my gp. employer told me the were investigating my mistakes to see if it was a disciplinary matter. it has been 8mths since i made these mistakes and they still have to interview me.

i have been liasing with my employers through my rcn rep as i wasnt well enough to deal wit it. all my collegues think it is appalling how i have been treated and how it was all handled. i now just want to get it over wit,but am wondering shud i seek legal advise? papasmurf was very helpful last time i was here,so if u r there i wud so appreciate ur advise.

furthermore, i am not being paid by my employer and am stressed out financially too. i am tryin very hard to get better and am seeing a psychaitrist.

after my 6mth probationary period my employer told me i was makin some mistakes,i then informed her i was feelin depressed again and was takin medication. immediately after that i was sent to HR they started a capabilitly programme,and a list of procedure i wud have to be supervised on and complete in a certain time frame or i wud loose my job.

[kurvaface]

Coming from a medical background on this, I would be asking myself if I was fit to work. If you are making mistakes then there is a problem that must be addressed before you hurt someone.

 

Are you a memebr of UNISON?

 

The capability route, as I understand it can be useful if the objective is to return you to a professional standard by supporting and monitoring you however I suspect it may equally be used to shunt people out of their jobs.

 

You need Union support.

[papasmurf1cx]

Can you get this thread linked to the last one please. It would also be helpful if you updated us all on what has happened since you posted on the previous thread.

[rebel11]

Threads Merged.

[stu007]

Hi sadgirl

 

this statement they make

 

"in the meantime the investigation will go ahead. however they say in the letter that the disciplinary procedure has not yet been invoked

 

I may be wrong but dont think so but when they suspended you that was them using there 'Disciplinary & Grievances' Procedures to do this so therefore the Disciplinary Procedure has in fact been invoked from the suspension.

 

You need to request a copy of there 'Disciplinary & Grievance' Procedure.

[sadgirl]

hi papasmurf,

you have given great advise in the past and i just wanted to know if you have any further advise because its really stressing me out.

to summerise i am a nurse who is facing disciplinary action due to mistakes i made at work on 30th march 2011. i went off sick myself because i knew i cud not do my job due to depression and didnt want to risk patient care.

i am still off sick not being paid by employer. i had two disciplinary hearings the last one was 23rd march 2012 i still have yet to recieve an outcome. this whole process has been very gruelling and my union rep isnt very helpful she seems more interested in keepin in the hospitals good books than supportin me.

i just want employers to give me an answer.

i have been very honest wit them i never tried to hide mistakes i owned up to them, the were not serious mistakes and no one was hurt.

can you please give me some advise, i cant seem to recover from my depression and move on wit my life because of this.

the investigation was awful as it was over a year later i cudnt remember much and therefore found it difficult to answer any questions. throughout the hearing the seemed to be suggestin that i wasnt unwell even getting statements from collegues who said i seemed fine. they suggested i didnt inform employers that i was unwell whereas the opposite was true i kept them updated wit medication changes i was breakin down in tears in managers office sayin how stressed i was. the matron told me to use my acting skills to pretend i was ok!

i just want it to end and in the future to be able to work as a nurse again

please help! thanks,

sadgirl

[papasmurf1cx]

hi papasmurf,

you have given great advise in the past and i just wanted to know if you have any further advise because its really stressing me out.

to summerise i am a nurse who is facing disciplinary action due to mistakes i made at work on 30th march 2011. i went off sick myself because i knew i cud not do my job due to depression and didnt want to risk patient care.

i am still off sick not being paid by employer. i had two disciplinary hearings the last one was 23rd march 2012 i still have yet to recieve an outcome. this whole process has been very gruelling and my union rep isnt very helpful she seems more interested in keepin in the hospitals good books than supportin me.

i just want employers to give me an answer.

i have been very honest wit them i never tried to hide mistakes i owned up to them, the were not serious mistakes and no one was hurt.

can you please give me some advise, i cant seem to recover from my depression and move on wit my life because of this.

the investigation was awful as it was over a year later i cudnt remember much and therefore found it difficult to answer any questions. throughout the hearing the seemed to be suggestin that i wasnt unwell even getting statements from collegues who said i seemed fine. they suggested i didnt inform employers that i was unwell whereas the opposite was true i kept them updated wit medication changes i was breakin down in tears in managers office sayin how stressed i was. the matron told me to use my acting skills to pretend i was ok!

i just want it to end and in the future to be able to work as a nurse again

please help! thanks,

sadgirl

 

I hope you have the discipline policy... a breach of time guidelines within the policy could well be an act of discrimination. They are waiting for you to resign... don't.

 

Look to the policy and decide if they are discriminating against you,, put in a grievance alleging discrimination. If you have done so in the past allege victimisation.

 

At the end of the day you are going to have to decide if you issue ET proceedings and fight or just walk away. If you think it is better to walk away cut loose and try and regain your life.

 

You could try and issue proceedings and go to ACAS to get some sort of settlement... its down to you... the union don't want to know discrimination cases. Unless you fight them too as previously indicated as I say you are on your own (apart from CAG).

 

Remember you have 3 months to issue a claim and I think your time is running on this last ocassion.

 

You may want to ask what money you would get if you won... it might not be a lot but others may have a better idea than me.

[sadgirl]

hi papasmurf,

just wanted to let u no wat has happened since i last posted here. bascially sinceit was over a month since the investigation i decided to write a grievence letter about the length of time the investigation process was taking and demanded reasons to alot of questions i had as well as asking them had they considered that i mite be covered under the disability discrimination act. my rcn rep felt this was a bad move but i was so frustrated that i could no longer sit back and wait to see what they would do.

however a few days later i got a letter from them stating that although they should dismiss me they decided to give me a final written warning on my record for 12mths and when i was fit to return to work i would be supervised and they would refer me to the Nursing midwifery council due to my health and poor performance.

the problem is my confidence is shattered and i am scared in case i go back and i make more mistakes. whats your take on the situation i greatly appreciate your advise.

[papasmurf1cx]

hi papasmurf,

just wanted to let u no wat has happened since i last posted here. bascially sinceit was over a month since the investigation i decided to write a grievence letter about the length of time the investigation process was taking and demanded reasons to alot of questions i had as well as asking them had they considered that i mite be covered under the disability discrimination act. my rcn rep felt this was a bad move but i was so frustrated that i could no longer sit back and wait to see what they would do.

however a few days later i got a letter from them stating that although they should dismiss me they decided to give me a final written warning on my record for 12mths and when i was fit to return to work i would be supervised and they would refer me to the Nursing midwifery council due to my health and poor performance.

the problem is my confidence is shattered and i am scared in case i go back and i make more mistakes. whats your take on the situation i greatly appreciate your advise.

 

Seems like you made progress. The RCN..... typically...... would not take on a discriminatory practice and in effect practiced a discrimination on you too. They are worse than useless.

 

The employer backed away and gave you a warning, which in the contact of Equality Law could be viewed as a detriment. Personally I would lodge an appeal if you are still in time.

 

By telling you that you are to be supervised in the future, that means they are going after you, so once you are well enough to go back to work, I would insist that a new working environment is sorted otherwise old history is bound to come into the equation.

 

Here are the codes that you have to abide by http://www.nmc-uk.org/Documents/Standards/The-code-A4-20100406.pdf

I am not sure where your health comes into it. Perhaps you could write and ask why they would rely on the NMC codes when dealing with health issues. Poor performance is another matter. However it seems to me that they are prejudging and issue which is akin to bullying. Again why don't you write and ask for clarification. Challenge pre judge statements.... if they are 'giving you the benefit of doubt' then they should be concentrating on supporting and training you not issuing threats as to what disciplinary action they will take. Sound very much like victimisation because you challenged them in a grievance.

[sadgirl]

thanks so much for your advise i agree with everything you said. i am not sure they would accomodate me to work in a new area. it does seem like they are not actually giving me a fair chance, things are exactly the same as the were. i am not sure what to say in an appeal . but i was going to ask my gp who is amazing to assess if i am covered under the disability discrimination act which i think i am and maybe they would back off. my biggest fear is that if i appeal they will then dismiss me. i dont know if i have grounds to appeal it because i did make mistakes but i was sick and when i am well i am a good nurse. lots of my friends agree that i should appeal it. its all a bit terrifying. if i dont appeal and go back to work i fear the working environment will be horrible being scrutinised everyday.

is the best option to resign? would it be difficult to get another job with a wriiten warning on my record?

thank you.

[papasmurf1cx]

They won't change a warning to a dismissal. That would be unfair and unlawful.

 

if you made mistakes but were sick that is a clear training issue. Highlight the times when you were well and didn't make mistakes. Highlight the way they went for you and didn't support you clearly a persoanlity / bullying tactic.

 

By acknowledging the minor 'warning' rather than dismissal they fear a discriminatory ET case. Play on their fear get it in time and time again. The Warning is unfair too fight it. Try and get someone you trust into the appeal. Forget the RCN they have let you down as they do most nurses in your position. (Consider getting insurance after and ditching the RCN service) If the employer says no ask for a reasonable adjustment to their policy as the RCN would not help and acted discriminatory as well. They will allow someone if pitched in these terms, just ensure you ask someone that can help and not hinder.

 

It is not the best option to resign. Do not be afraid of the appeal panel. If you are citing discriminatory practice highlight that their very own decision if to your detriment may become discriminatory in itself and highlight that they should take care to make the right decision. Believe me they will listen they are judging YOUR determination. Give a hint you are not strong they will decimate you.

 

You will always find a new job, whether that will be in nursing and at your grade may be up for discussion.

[sadgirl]

hi papasmurf1cx

thanks for your advise. however i dont exactly know if i have a case to appeal, they have all this written evidence and solicitors on their side and i have no memory hardly at all of the incidents since they were so long ago.

i admitt i made the mistakes due to my illness. i dont know that i could face another interogation as it was pretty brutal the last two times, they kept saying i didnt appear to be unwell at the times of the incidents and got other members of staff to back that idea. they are very devious. i reported being stressed and the my concentration was poor many times to HR but as it wasnt written down i have no proof and she refuses to acknowledge it was said at all.

is it a good idea to go back to work and be supervised i was thinking it is probably my only option to clear my name and be able to get anther job as soon as the 12mths are up. afterall its easier to get a job if you already have one. if i dont get back to nursing soon i am afraid i will loose my skills and my already battered confidence will get even worse. i have no clue what to do for the best. i would like to think that the would give me a fair chance but am not sure that would happen. one simple reason is that i made a compliant about the manger verbally abusing me which she denied of course, so i hardly think she would be easy to work for after that. what do you think?

[papasmurf1cx]

I think you are looking for someone to give you permission to do what you actually want to do, which is probably the wrong thing, hope you followed that.

 

I gave my opinion above, you should fight it but you have an illness that puts doubt into your actions. The lesson to learn from all this is to do everything ion writing with these liars and keep copies. They cannot ignore the written word.

 

You have to do the thing that is best for your health you are the only one to decide that.