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Discipline Procedure - Access to documents

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Hello all,

 

Basically i am facing an internal hearing regarding performance issues. I am a Head of Care nurse (with an 18 year unblemished record of service) at a hospice that cares for terminally ill children and, whilst my performance has dropped in some areas, it is is because my workload has massively increased over the years and I have suffered the loss of my son through suicide (5 years a go) all leading to what i now recognise as stress and the associated facts (behaviour changes, performance drop etc etc). It is noted in my managers notes that as far back as 18 months a go that she noticed i was stressed and that there was "tittle tattle of a destructive nature" being said about me by staff without my knowledge, yet she took no decisive action to protect/support me. Due to the nature of our work i have ensured that my staff have access to a counsellor (and discussion groups) to prevent/deal with stress issues but I didn't attend these to prevent the notion of conflict of interest, yet my employers (my general manager and Board of Trustees) took no similar steps to protect me.

so my question is, am I entitled to ask my Board of Trustees to provide me with the following documentation in advance of the hearing as it forms a key part of my defence;

 

The health and safety policy and risk assessment that allowed the hospice to comply with the Management of Health and Safety at Work Regulations, 1999 and Health and Safety at Work (...) Act 1974, with specific regards to action taken to protect Senior Management

 

The hearing is next Tuesday so i would appreciate any help

 

Thank you

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risk assessmemts relevant to your role? yes of course. I'd ask for all risk assessments relevant to your role...


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Also, some of the allegations are clearly false/erroroneous:

 

 

  • one states states that i failed to adequately monitor and analsyse some forms despite receiving specific direction in our last inspection report dated 2011. However, i have checked this inspection and at no point does it mention such directive, in fact there is no mention of these forms at all.
  • another states that i failed to complete some paperwork adequately between the dates 2010 to 2012. however, my employers have only provided evidence of more recent issues (earliest being Feb 2012) and in fact the last inspection commented that this paperwork was in order.

It's all a bit confusing, but does this make these allegations void or is this solely an issue for appeal/tribunal?

 

They've had 3 months to investigate so i can't understand how they can make these errors

 

Thanks again

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I'd say void but a disciplinary is not a court of law so who knows what they will conclude.

 

If you are saying you are disabled and they had reasonable grounds to know and make reasonable adju stments make sure you are clear on your evidence.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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@emmzzi

Thanks for replying. I have asked for some documents prior to this and they have given them to me. However, since i asked for the risk assessments and stress at work policy it has gone quiet (been 3/4 days now) and i think i have possibly scared them because they know they have no sufficient plan in place, especially given the nature of my job. Does anyone know if i am legally entitled to them and what are my rights if they refuse or delay and only email them over last thing Monday or early Tuesday?

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I'd say you should ask to postpone the meeting. I also really hope you have your union rep going with you as they should be answering these questions...

 

As to what should have been done - grey area. If you knew you were disabled due to mental health issues and did nothing - and you were aware others had counselling and you probably should and did nothing - there may be shared culpability.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Well my defence is basically that for a number of reasons I was stressed.

 

I didn't realise i was stressed. I know it sounds strange but i carried on doing my job and if my boss gave me more jobs i did it but at some point it got too much and i spread myself too thin in some areas... by the way in May my General Manager said i was really good at my job (noted down by her) so she had no concerns about my performance then.

 

Also, I took action to employ the counsellor to protect those in my department from stress but my bosses did not do anything similar for me, too expensive apparently.

 

My issue is that others had noted the effect that the job demands had on me and they failed to act. In witness statements collected during the investigation my general manager noted my excessively high workload, which was corroborated by other junior staff. As I stated my manager also noted 18 months ago that some staff were spreading destructive rumours about me and that i was stressed (i have a copy of this report) (i was not made aware of this until recently). My main argument is that my superiors knew i was stressed, had an excessive workload and some people were trying to undermine me and failed to intervene, further exacerbating the problem and contributed to my alleged poor performance... basically my employers failed in their duty of care

 

I know it all sounds complex but the whole process seems botched and I'm afraid that after 18 years of service I'm going to be ushered out without so much as a goodbye or thank you. I will have a rep with me but there was so much to go through that i couldn't cover it all in the intro meeting I had with her.

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Hi

 

I would also ask for the following documents:

 

1. Disciplinary Policy and Procedure. (you want both).

 

2. Health and Wellbeing Policy and Procedure. (you want both).

 

3. Copy of your personal Training Record. (you want this to ensure the performance issues they raise you are trained in.)

 

4. Copy of your Job Description.

 

These PDFs from ACAS may be of use:


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi

 

I would also ask for the following documents:

 

1. Disciplinary Policy and Procedure. (you want both).

 

2. Health and Wellbeing Policy and Procedure. (you want both).

 

3. Copy of your personal Training Record. (you want this to ensure the performance issues they raise you are trained in.)

 

4. Copy of your Job Description.

 

These PDFs from ACAS may be of use:

 

Stu, why on earth would an employer have two copies of the same policy?!

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Hi

 

@ becky2585 if you read that correctly i have not told the OP to as for two copies of the same policy.

 

I asked the OP to ask for the Policy and Procedure. (you want both) as a lot of companies seperate the Policy and Procedure so that is why i told OP to ASK FOR BOTH.


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Hi

 

@ becky2585 if you read that correctly i have not told the OP to as for two copies of the same policy.

 

I asked the OP to ask for the Policy and Procedure. (you want both) as a lot of companies seperate the Policy and Procedure so that is why i told OP to ASK FOR BOTH.

 

Interesting - I can't say I've ever seen them as separate documents!

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Thanks for the advice stu007

 

does the employer have to give me the documents for it to be a fair hearing? I've been politely chasing them up for documents for a few days now and i haven't had so much as a reply from them... I think i may have scared them with my requests

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