This is a letter dated November 2014 which had more
allegations.
1.To establish whether BK has been working full time
for another employer in addition to her full-time
contract with the Trust.
2. To establish whether any such employment represents
a breach of the Working Time Regulations or the Trust
Code of Conduct (policy reference Corp 13) or the Trust
Contract of Employment.
3. To clarify the circumstances of the complaint against
BK recently raised with NMC, and in particular, to
establish whether these complaints indicate clinical
practice that may present a risk to patients care.
4. To investigate the veracity and authenticity of any
reference apparently originating from the Trust enabling
BK to obtain employment with another employer.
5. To establish whether any of these allegations are
compatible to BK's employment as a Staff Nurse
working with vulnerable adults.
6. To establish whether any of these allegations may
represent a breach of MNC Code.
I was suspended on hearsay as evidence of this
horrible suspension, the MD informed the Trust I was
working for them on a full-time contract; referring to
two days hearsay evidence means whatever a person is
heard to say, includes: a statement made by a person, not
called as witness; a statement contained or recorded in
any book, document or record which is not admissible.
The general rule is that hearsay evidence is not
admissible in a court of law
https://postimg.cc/gnbpRFqt
Section 60 of the Evidence Act states that oral
evidence must be direct. R v Horncastle was an English
legal case concerning the rules on Hearsay Evidence.
The appellants claimed that English law on hearsay
evidence violated Article 6 of the European Convention
on Human Rights (ECHR) according to decisions of the
European Court of Human Rights (ECtHR). The UK's
Supreme Court dismissed the appeal.
The House of Lords had said that UK courts should
follow 'clear and constant' decisions of the ECtHR, yet
the Lords also agreed that the HRA did not change the
rules of precedent in the UK. Therefore, how far UK
courts should follow the ECtHR was a 'hot topic'.
How can one hold full-time contract for two
employers, was above me? I did not have a contract with
either of them. A contract is offered for permanent
positions, and usually set out the employee's salary or
hourly wage. Other details included within a full-time
contract include holiday entitlements, pension benefits,
parental leave allowances, and details on Statutory Sick
Pay. This is the document that binds you for taking any
employment somewhere else, then I was suspended for
a document which was not even given to me in the
beginning, and not only that I had been working there
for an exceptionally long time.
During these meetings I was supported by a lady
from Unison, who I will always be grateful for. There
was no evidence to support their allegations that I was
working full time for the Trust and there was no contract
of employment between me and the S/H. I had worked
for two days and then I was on annual leave during that
time.
This was not full-time work, it was merely work on
a casual basis.
I was aware that other staff members within the
Trust who had contracts of employment with other
employers had not been put through a disciplinary
process like me.
With this I was put though a disciplinary process
unfairly. He commented that it appears to be the almost
automatic response of employers to allegations of this
kind to suspend the employees concerned, and to forbid
them from contacting anyone, as soon as a complaint is
made; irrespective of the likelihood of the complaint
being established. He said that a suspension should "not
be a knee jerk reaction, and it will be a breach of the
duty of trust and confidence towards the employee if it
is". An employee will frequently feel belittled and
demoralised by the total exclusion from work and the enforced removal from their work colleagues, many of
whom will be friends. This can be psychologically very
damaging and raise the prospect of guilt before a full
investigation has been undertaken. Therefore, a decision
to suspend an employee should not be taken lightly and
should be for no longer than is reasonably necessary
giving consideration to all the facts surrounding the
matter. I was stressed, and I could not sleep.