No evidence but still called for a disciplinary meeting... any leg to stand on?

[anamay]

I work for a hospital and recently my manager called me to say I am being put on suspension because they have viewed on cctv that I did not carry out observations according to their expectation. I was told someone will call me for a fact finding interview. I also received a letter with the allegations, In the fact finding interview she asked me to say what was my response I said oh I will not say yes or no but since there is cctv, let us review the tape, she asked me to sign this meeting i did. Then texts me to say that here will be no second meeting because the cctv is missing, but management still want to carry on with the disciplinary procedure citing there were two senior officials that viewed the tape so are convinced am in the wrong. I have only worked for the trust a year so I doubt any employment tribunal will hear me out in case this leads to dismissal.. what can I answer at the disciplinary because it is not making sense at all.

• Did you carry out the observations?
• What did you sign?
• What did the letter say?
• What does your contract say re disciplinary procedure? Are they abiding by this?
• Are you in a union?

Instead of being CCTV the evidence is that of people who saw it. Have they given written or verbal statements as to what they say they saw?

Do you have any evidence of what you did, such as entries in patient's records that show the results of observations? Was there anyone else with you when you took these obs?

Have you had any advice from (eg) a Union or professional body? Have you spoken to ACAS?.

What is their CCTV policy? Ours is very strictly controlled and it can only be viewed by certain people in very specific circumstances. Did you document your obs?

You need to get union support asap.

An employer does not need proof. They only need to have a reasonable belief. Plus you have less than the magic two years’ service

Totally agree, so many people don’t get this.

An employer needs to make a reasonable decision based on the information they have, on balance. That’s what a tribunal would be looking at, not whether the case is proven beyond doubt.

Although OP, as you say, with less than two years’ service you cannot claim unfair dismissal. Have you had your disciplinary invite letter? Does it say dismissal is a potential outcome?

Unfortunately your initial response probably didn’t reassure your manager that you had followed correct procedures. Asking to see the tape before you commit either way would introduce a lot of doubt for me.

If you have a union, I hope they can help you navigate towards the best outcome for you in the circumstances.

she asked me to say what was my response I said oh I will not say yes or no

Sounds like you know full well you didn't perform correctly, and are banking on there being no tangible evidence of this.
Big mistake.

Have you got a union who can get involved, not sore how they can give you a disciplinary if the only evidence they have is cctv which has gone missing

You should have taken your union rep to the initial meeting. If they didn't offer this then they have already mucked up.

If you didn't do the observations to the standard they expect, proof or no proof, then go to the next meeting, hold your hands up and apologise. Then explain you were obstructive in the last meeting through sheer panic from the thought of losing your job. Apologise again, explain it won't happen again and that you have learned from the situation.

Going in and getting on being a smart arse who thinks they're on an episode of The Bill is the most surefire way of achieving the worst outcome.

Well did you do it or not (or rather did you not do the obs required at the correct time)?

Nursing and care work are value based professions. It is not making a mistake or a bad choice but the lack of honesty and willingness to reflect in order to improve that will cause the biggest issue.

You said 'yes or no.'

You may have slightly stabbed yourself in the back here.

That the footage has gone astray is very suspicious.

If you are a healthcare professional then it is likely you are in a union. Contact them and don’t agree to another meeting without the union being involved. If you are not in a union(more fool you!!) contact Acas for advice or your local citizens advice before meeting with anyone else.

My union representative was there at the first meeting; I am a member of that union. According to the requirements, you have an hour to complete the chart and report what the patients are doing during that time. Everyone was asleep, and I had made sure to mark them as such. However, for one person—whom I did not enter their room to check on—I could see them through the peep window and hear their snoring, suggesting that I did not properly observe them. Except for that specific individual, everything else in that hour is fine. I feel like I am being used as a cqc example so that they can see that everything is being done as it should be because they had a fatality on a different ward.

So you failed to do your job properly?

it is very confusing their allegation as they have honed on certain particular minute in the whole hour. 2 weeks after a shift when you have had 7 other shifts in between... hummm

Is it a psych ward?

I’m assuming you are perhaps in MH. You should’ve correctly undertaken your observations. Looking through a peephole and hearing snoring isn’t acceptable.

There is evidence. The CCTV may have gone missing, but two senior people viewed the tape and can say what they saw you do. That is evidence.

As others have said, your initial, "I will not say yes or no but since there is cctv, let us review the tape" has not helped. This does not sound like you were confident you had done everything correctly. It sounds like you knew you hadn't but were hoping there was no evidence. You would be in a lot less trouble if you had admitted that you'd taken a short cut and apologised.

The fact they have homed in on a specific incident that happened two weeks ago doesn't really help you. You clearly remember the incident and know what you did.

It may be they are tightening up because they expect a CQC inspection, but that still doesn't help you.

As you have been there less than two years, you have cannot take them to tribunal for unfair dismissal if they sack you. Your union rep is much better placed to tell you the likely outcome than anyone on here. However, you need to stop being defensive and admit you made a mistake.

Everyone was asleep, and I had made sure to mark them as such. However, for one personwhom I did not enter their room to check onI could see them through the peep window and hear their snoring, suggesting that I did not properly observe them. Except for that specific individual, everything else in that hour is fine.

Oh dear. It doesn't matter if every shift / patient in that hour was 'fine' if something had happened to the patient you couldn't be bothered to go in & check their obs properly. Snoring is not a brilliant indicator of someone's health & wellbeing.

Thank you a bit harsh but thanks.

Not harsh, op.

I get it but it’s what everybody does. Not going into the room all the time

Just because everyone does it doesn't mean it's right.
That's a terrible excuse.
The question is did you do your job correctly. If the answer is no then that's on you.
If the answer is yes then fight it.
But do not make excuses when your job is caring for people do it properly or do another job.

If everyone does it and that’s the culture then why do you think they’ve singled you out for that one incident?