Allegations of misconduct and breaches of discipline can have serious consequences for health care professionals. Serious misconduct could lead to a referral to the respective regulatory governing body, and legal guidance should be considered in these circumstances.
When an alleged breach of discipline occurs it will be necessary for the Line-Manager of the person who is alleged to have committed the misconduct to establish whether a potential case exists by carrying out a preliminary investigation.
If the allegations are found likely to be substantiated the Line-Manager will:
If the Disciplinary Officer decides that there is potential substance to the allegation(s) and that they are serious enough to merit disciplinary action, a formal disciplinary meeting must be arranged as soon as practicable by the Disciplinary Officer.
The employee has the right to be represented in all formal hearings. The representative can be a member of the Trade Union, a solicitor or a barrister. Representation by a solicitor or a barrister will be subject to a cost.
Allegations do not have to be proven beyond all reasonable doubt as in a court of law, but should be based on a balance of probabilities.
Staff have the right to appeal against any formal disciplinary action taken against them and will be informed of this at the disciplinary hearing. The time limit for lodging any appeal is 15 working days from the date of the decision made following the disciplinary meeting.
The appeal should be based on one or more of the following grounds:
If an Appeal Hearing is required then the Trust will endeavour to have an appeal heard with 30 working days of receiving the written appeal.The decision of the Appeal Hearing will be final.
Allegations of misconduct or breach of discipline can be subject to serious sanctions being enforced. Representation by a legal professional can be arranged during the early stages.
Chambers is centrally located within walking distance of the train station, secure car parks and the Courts.
St Pauls Chambers
Park Row House
19-20 Park Row
For out of hours assistance please call the senior clerk on 07854170429.
The switchboard will open from 08:30 until 17:30