To think I can't be dismissed for not following policies and procedures I was unaware of?

[Charlieandthechocolatecake]

I work in the care industry.

I have recently been suspended on full pay pending an investigation which I had a meeting about last week.

I cannot go into detail but it has now gone to the disciplinary stage.

I have been with the company for less than 2 years.

The reason for the disciplinary is that I didn't follow policy and procedure.

I emailed HR asap to let them known I didn't agree with the wording as it was only mentioned during the investigation meeting that I didn't follow this particular policy.

I have never been informed of this particular policy.

Can I still be dismissed?

I know this post is vague, I will answer any questions as long as I don't have to give out confidential or sensitive information.

Thank you.

It's a regulatory requirement that you have a staff handbook and regular supervision sessions.

Often investigations lead to process improvements and in care unfortunately this often involves someone being suspended or seen as the target. Ive worked for some decent care companies that wouldn't dismiss you for this so long as you could demonstrate that you had learned from your error. The lack of supervisions would help your case too. If you work for one of the big companies I think you'd probably be OK. If you work for one of the smaller ones with a pretend HR person possibly not.

Sorry op you don't have 2yrs service so no real employment rights - you can't challenge it legally but you can put up a good case at a hearing and conduct yourself professionally, show them you are good at your job & that they've made a mistake but in a professional way. That's your best bet of keeping your job. Be clear that if you had known about the rule you obviously would have followed it - as you do with other working rules etc and that you will in the future. Good luck x

I am an employment solicitor.

You're getting some bad advice on this thread.

You have less than two years' service. You can therefore be dismissed for any reason as long as it is not discriminatory (or one of the very few other reasons which does not require you to have a two year qualifying period).

It could be that your manager doesn't like your shoes, or that you looked at someone a bit strangely, or that they just don't like you or that you haven't followed a process you don't know about. However "unfair" it might seem, you cannot bring a claim of ordinary unfair dismissal until you have two years' service.

I am not aware of any loophole in Australia whereby you can legally be sacked for any reason at all as long at is not classed as discrimination unless it is within a stated and agreed trial period. That seems very unfair to the employees

Welcome to Tory Britain. You have to be very, very careful in any job around the 20-22 month mark. If someone wants you out and they haven't got rid of you by then, that's when they'll do their best to force the issue. Apparently it's great for business to have a flexible workforce. Of course it's shit for the economy to have a bunch of very insecure people terrified to make any kind of investment or spending. It's also shit for humanity, but it keeps Tory investors happy so that's what we've got.

not sure where you guys are but I am not aware of any loophole in Australia whereby you can legally be sacked for any reason at all as long at is not classed as discrimination unless it is within a stated and agreed trial period. That seems very unfair to the employees.

There is none but remember not so long back when the Libs did want to get rid of these rights and it cost them the election!

I am a HR officer - the advice on this thread is abysmal. Don’t take misconduct advice off of random people chiming in on the internet, you will just make your situation worse frankly.

Yes they can dismiss you for any reason prior to 2 years of service as long as it is not in relation to a protected characteristic. Any reason - doesn’t matter if you think it’s valid or not as it is the employer’s prerogative.

As far as your actual issue, absolutely no one can advise you unless they have the full details of your situation. You say that you are admin staff but a patient became unwell as a result of your actions, that is much too unclear for anyone to appropriately advise as it’s hard to gauge what your actions were and if it was in the scope of your responsibility or not. You also say that this scenario has happened before.

Contact a union, ACAS or a solicitor for further advice.

The only hope is that more people when applying for jobs will enquire as to why the last person left. If I found out it was because they were made a scapegoat due to lack of supervision or lack of a proper procedure for post surgical complications I would run like the wind.

I think employees should be able to ask for references in the same way employers do. Ask for sick leave figures, staff turnover, speak to staff about what it's like to work there. Employers shouldn't hold all the cards.

I too work in HR, and unfortunately as some others have said, you have been given some really bad advice on here. The best thing for you to do is to get some advice from ACAS or a Union if you are a member of one.
Good luck x

I hope you had some support from ACAS.
As you mentioned that your action resulted in a client becoming unwell I wondered if they or a relative have made a complaint via CQC or from a solicitor. The company's insurance company would then become involved and an investigation would then begin. Disciplinary proceedings would be one way of proving whether the company had properly trained staff.

If you have details of your employment including training given then file or list it before your hearing. Listen carefully and take notes. Then question any statement made that is incorrect.

Good companies will put their CQC report on their website and staff encouraged to read it. If you haven't done so then check the ratings on the report. Check whether there were any issues raised on the recruitment, training and staff records.

Well of course an employer can pretty much do what it wants, so long as it is prepared to pay the price.

Is safeguarding involved in the investigation? I would have assumed so if a client was harmed.

Not read the whole thread...but if there was expectation you should have known the policy ... you can potentially be dismissed.

There is obviously going to be an investigation and you will have an opportunity to respond to the allegations.

Are you in the union?

Does this policy appear in your JD in any form ?

It looks like a safeguarding issue from the little you've rightly said.

You can PM me and I can advise further. I work in HR and this is regular work for us. I'm also happy to talk to you over the phone.

For what it's worth, I have always done the same thing in this situation but now it has got me into trouble. It has never been brought up before and I have never been told to do otherwise.

So you've done the same thing before and no one corrected you?
I'd bring that up in the meeting, because it doesn't sound right.

”Well of course an employer can pretty much do what it wants, so long as it is prepared to pay the price.”

There is no price @Temporaryanonymity if your employer wants to cease employment and you’ve been there under 2 years. The only exceptions are if they’re discriminating against you under a protected characteristic (Equality Act).

Thank you for all of your replies.

I am yet to hear from HR as to when the disciplinary will take place.

I have been in contact with a mumsnetter who I explained the full situation to. She advised that I didn't post on here what I had told her as it would be giving out too much information.

Although, I can say that based on what I told her, she said I wasn't at fault.

I am currently neck deep in depression because of all of this. This is why I haven't replied sooner. I do apologise.

Thank you again for all of your replies.

I will update you when I have my disciplinary. In the meantime, if anybody has any professional advice, please DM me.

Thank you again,

Charlie

No advice but wanted to wish you the best of luck with it all. You really sound like a wonderful person who your workplace should feel lucky to have.

No professional advice but as an NHS worker who has also been left to work unsupervised and certainly made mistakes you have my sympathy. It sounds like you were very unlucky and there are loads of people this could happen to.

Take care OP. I've not been in your situation but I've been through disciplinaries and grievances. They did trigger depression and you have my sympathies on that one.

OP look after yourself. Is there anything that will help your depression?

so sorry the situation is meaning you are depressed, is speaking to a gp an option? They may be able to refer to counselling which could help. Look after yourself.

Best of luck to you. Do take care of yourself. We're here if you need us.