employer hid evidence during gross misconduct hearing

[maleabcd]

I was dismissed after a gross misconduct hearing with NHS, I appealed and lost the appeal. I applied under DPA for all information that they held about me. They sent me the same information that I had been given prior to and during the hearing.

 

Due to my profession the disclosing and barring service are involved. A year after my dismissal the DBS sent me papers for me to respond to. The papers were from the NHS; the papers were a copy of the report made by a seniour NHS manager for the gross misconduct hearing.

 

The problem I have is that the statement provided to the DBS by the NHS contains a different account that was provided to me; I have never been presented with this version from the NHS. The DBS version contains information that was taken from a meeting during 2011; however that information was initially recorded as a draft; that draft was recorded as a draft and the information was corrected during 2012

 

I have found a document (an email) within the DPA information that was written by a very senior NHS manager; that email talks about removing the 2011 comments as she does not want me to know about it.

 

The NHS managers now have two versions of a statement one that was used during the gross misconduct hearing and another provided to the DBS. The one that was used against me during the hearing has no real negative issues, but they decided not to share with me some important elements; they used this against me during the hearing but didn't bother to share so I never had a chance to explain and provide any evidence to dispute. Now the DBS have this other statement I am going round in circles not knowing what to do.

 

 

Thanks for reading I hope it makes sense

Edited November 3, 2014 by Conniff
tidied up

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along later with advice for you, please bear with us until they're able to get here.

 

My best, HB

[SweetLorraine]

Hi maleabcd,

 

 

it is unclear what you are asking us to address/advise on. Could you clarify?

[maleabcd]

Hi maleabcd,

 

 

it is unclear what you are asking us to address/advise on. Could you clarify?

Hi

I and my line manager were invited to a gross misconduct fact finding interview; that produced a report.

My line manager wrote a statement; both the statement and a copy of the report were disclosed to me prior to the gross misconduct hearing. which is obviously fine.

I was dismissed.

 

I requested under the data protection act (DPA) all information that they held about me to be sent to me. I received the documentation including a copy of the report used during the gross misconduct hearing as well as the statement from the line manager.

 

some time later (about a year) I received a letter from the Disclosure and barring service (DBS) this document requested I comment on the information sent from my ex employer i.e. the report and statement from my ex employer (NHS) this is were I have a problem the report and statement that was sent to the DBS is a different version to what I was given prior to and during the hearing and to the copy I received on the DPA request.

 

The DBS believe that the documents that they have received were the papers they used during the gross misconduct hearing.

 

I thought that during a gross misconduct hearing I should have been given any information that they had and secondly when I requested all papers about me under the DPA I thought they had a duty to disclose everything.

 

I thought that they weren't aloud to make another version after the fact and basically pretend that this other version was used during the gross misconduct hearing when it was not.

 

The problem is that the information that they have included in this other version is not true; they have used a piece of damming information that was recorded (wrongly) during another meeting.

hope this makes sense.

Edited November 10, 2014 by citizenB
missed somthing out

[SabreSheep]

Please clarify what your objectives are here?

 

EG Correct the information given to DBS

or

Compensation

or

Something else.

 

IN order to help you, people need to know what you want to achieve

[citizenB]

Had this information been provided earlier, would it have affected the outcome of the hearing ?

[maleabcd]

Hi I want the NHS to stop making up documents that were not used during the gross misconduct hearing, I have written to the.m but they refuse to answer me. Leaving the DBS believing they have accurate information when they do not. the DBS will come to a decision based on wrong evidence. I haven't thought about compensation as it is vital that the DBS have accurate accounts.

[maleabcd]

If the information had been provided I would have been able to correct some vital evidence that they believed to be true. So yes the information would have made a massive impact. Because they hid this detail from me they (the NHS) had wrong information. Basically they had a copy of some minutes (they should not of had it) from a meeting during 2011, however they did not know that I had contacted the person who made these minutes and had them changed as they agreed that they had been given wrong information, the NHS however have not updated there records and have a copy of the wrong information they just refuse to answer any letters now its in the hands of the DBS

[SabreSheep]

Can you prove the data is wrong?

 

If so then a complaint to the information commisioner might be a way to go. BUT it depends on the type of information being sent

[maleabcd]

yes I can prove data is wrong. the wrong information was presented by a police officer during a meeting, the force solicitor has amended that information. It took some time but I am sure that force police solicitor would not change a document unless they agreed it was incorrect. I have a copy of an email that mentions editing the gross misconduct report and statement. I have also the copies of the original document that were sent to me. they surely cant have a statement and report that differs from the ones used during the investigation. if they had factual new information for the DBS they should have written that down as new evidence. but they have decided to re make the report and statement. My problem is that the data has been changed by one of the most senior managers within the NHS and the same person who dismissed me.

[maleabcd]

Hi I thought id try again with my question I think I over complicated the questions.

 

 

NHS dismissed me under gross misconduct. The evidence used was in a form of a report written by a senior NHS Manager; and a statement by my line manager. Both stated no concerns. But nevertheless I was dismissed. I questioned the rational during an appeal but again I also lost the hearing.

 

 

My other major problem started when the NHS manager sent another version to the DBS with damming information (I can prove it is wrong) DBS obviously believe they have correct info from NHS.

 

 

I have never been presented with this other version that the NHS have sent to the DBS; it was the DBS that showed me. So I have 3 questions:

 

 

1) how can NHS present the DBS with information as if it was used in a gross misconduct hearing when it was not; the information i.e. report and statement by my line manager presented to the DBS as if it was part of the gross misconduct hearing.

 

 

2) How can the DBS us this information

 

 

3) The NHS prior to the gross misconduct hearing have hidden this other information from me; is this legal can they do that.

 

 

I have a copy via a DPA request of all documents that the NHS hold about me; they however never disclosed this other version of a statement or the other version of the report to me.

 

 

The DBS currently investigation the findings in private, I am extremely stressed and the NHS refuse to answer my request. They instead prefer to let the DBS have the incorrect version which is making my life so stressful. so far its taken 2 years and I have to think of it daily.

 

 

There must be a way for me to resolve this matter and to stop the NHS managers from being so deceitful.

 

 

Thanks again

[maleabcd]

Had this information been provided earlier, would it have affected the outcome of the hearing ?

if the information had been provided prior to the hearing I could have answered the problem with police evidence, and if it had been provided during the hearing I could have provided both police and NHS evidence that disproved the findings. The findings that The NHS used was based of information from 2011 that at that time had not been verified; it has now been verified via the police; the police force solicitor provided me with an update that stated the information they initially held was wrong. The NHS however prefer to keep the other version.

[maleabcd]

Please clarify what your objectives are here?

 

EG Correct the information given to DBS

or

Compensation

or

Something else.

 

IN order to help you, people need to know what you want to achieve

I just want the NHS to stop lying the problem is the NHS manager i'm complaining about is the chief of staff and she is using her power against me.