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British Malayali

Question: I am a nurse working in a NHS Hospital. I was dismissed on 2011 from a nursing home. I worked in different nursing homes as agency staff. From 2011 to 2012. In 2012 I joined a NHS. I gave reference of the Agency people and my colleagues. I did not tell of the suspension. Now I am under investigation by the NHS of dishonesty. I am worried. What I can do. Help me. Answer:  We understand that, many nurses in the United Kingdom had experienced, the same difficulty you are experiencing now. We believe that, you are caught in "dishonesty" because of the lack of knowledge, how the health care system in the United Kingdom works.  We are trying our level best to answer your questions in depth. Under the Health Care Law, if an employee is disciplined, the prospective employer has to be notified. For the better understanding we may enlighten that, if there is a discipline in any shape or form, it is a "stains" in the practise. The prospective employer has to be notified of the every stains in the practise. Normally, but not as a rule, if somebody is seeking an employment at NHS, it is a prudent practise that, a reference from the previous NHS employer/employers has to be given. But normal practise is that, an employment reference from an immediate employer and a character reference from any person.  The case in hand, we a

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British Malayali

Dear Sir, I am working as a staff nurse in a nursing home. My colleague care assistant said to me that, another care assistant shouted at a resident. I went there and checked and found everything is aright. She told me that it is an Adult protection Issue. I forget to tell the manger of this. Now I am suspended. Please advise me.  Anitha. Dear Anitha,  As per the NMC Code of Conduct 2010,  every incidents in the Hospitals or Nursing Homes, are to be well documented. It is the bounden duty of the every Staff Nurse to convey  the same at the time of the Hand Over as well. In serious cases, the matters has to be  reported  to immediate Superior or the Manager. Admittedly shouting at a resident, if is true,  is an “abuse” and  has to escalate with the Adult Safe Guard Authorities. It is very important to note that, if an allegation of abuse is reported, you have duty to investigate the same. You are well ware that, the qualified Staff Nurse has the administrative and the supervisory duties to perform. It is pertinent to note that, the administrative and the  supervisory duties includes, the right t investigate any incidents happened in the Hospitals or Nursing Homes. We are in complete darkness, why did not reported the matter to the immediate  supervisor or the manager. If you con

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British Malayali

Question. Dear Sir, I am staff nurse working at NHS hospital. After the shift some Ibuprofen and some Paracetamol was found in the pocket of the uniform. I mistakenly put the above medications in my pocket. There are some gloves in pocket as well. Manager searched my and found. I did not take that. The Sister in charge did not like me.  The Sister in charge made problems and told lies to the manager.I am facing actions from the hospital. Please help me. Selvi Answer. Dear Selvi, We are surprised of the actions of the employer.  From the email we presume that, medications were found in your uniform pocket inadvertently. It is an admitted fact that, both medications are not controlled drugs and can be fetched from the over counter. At the outset, the employer cannot fasten you with any malice because, the medications foundwere non-controlled drugs. There is no point in taking the non controlled drug outside the working place and you willnot be benefited any way. The Health Care Law portrays that "errors are humane". We remind you that, the removing the medications from the Drug Trolley is a misconduct. We advise you to emphasis the points that, you had no malice in the putting the medications in the uniform pocket and you will not be benefited as well. You have to plead that, above actions were an oversight on your part. We ask you to accep

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British Malayali

Cu XehmNIw kqNn¸n¡póXv t]mse \\½psS Ahkm\\ B{ibw BWv sslt¡mSXn. ap³]v hniZoIcn¨Xv t]mse sslt¡mSXnbpsS A[nImcw hnimew BWv. _mdnwKv AtXmdnänbpw, AXn\\p apIfnepÅ {Sn_yqWepw Fñmw \\gvknwKv \\nba¯n\\pÅnð am{Xw \\nóv Xocpam\\w FSp¡pt¼mÄ AXns\\ms¡ A¸pdw \\oXnbpsSbpw (Justice) icnbpsSbpw ASnØm\\¯nð Imcy§sf Iïp Xocpam\\w FSp¡m³ sslt¡mSXn¡v A[nImcw Dïv. AXpsImïv Xsó \\gvknwKv \\nba¯nsâ I®nð ISp¯ sXämbn tXmópó NneImcy§Ä t]mepw sslt¡mSXnbpsS I®nð \\ymboIcW§Ä DÅ A_²§Ä BIpw. \\½psS hmZ§Ä sslt¡mSXntbmSp am{Xw Añ. FXnÀ I£nIÄ Btcms¡bptïm AhÀ¡pw Ab¨p sImSp¡Ww. km[mcW KXnbnð Hcp tIkv sslt¡mSXn hsc F¯póXn\\p ap³]v \\½Ä CXphsc DÅ teJ\\§fnð \\½ps¡XnscbpÅ \\ne]mSpIÄ FSp¯n«pÅ Fñm Øm]\\§fpw CXnðs¸Spw. AXmbXp _mdnwKv AtXmdnänbpw AUvan\\nkvt{Säohv ss{S_yqWepw Hs¡ ChnsS \\½psS FXnÀ I£n BIpw.   tImSXn \\S]SnIÄ¡v ap³]v \\½Ä \\S¯pó Ahkm\\ {ias¯

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British Malayali

{_n-«o-jv a-e-bm-fn-bn-te-¡v kw-i-b-§Ä A-b-¡p-óhÀ Z-b-hm-bn legal@britishmalayali.co.uk Fó hn-em-k-¯nð A-b¡pI   Question. Dear Sir, I was dismissed from a nursing home for using the mobile phone. NMC is hearing my case. I just used my mobile phone because I am called from my home that my child is ill. NMC send lots papers to fill and give back. I am very stressed. What I do? Please give me advice? Deepa.  Answer: Dear Deepa, To use mobile phones or engage in social network sites, whilst on duty are gross misconducts or serious misconducts. Most of the employers have their own "mobile phone policy" at the work place. We are in complete darkness, whether your employer have a unique "mobile phone policy" or not. We understand that, your contract of employment from the nursing home was terminated and no legal wrangles are outstanding. We also understand that, you failed to demonstrate your case, before your employer that, you used the phone in an emergency situation. Hence, you are facing the NMC proceeding, with stains of dismissal from your employer. It is not unusual practise for the NMC, as a regulator to send documents to you. You have to appreciate that, every paper works/documents, received from the NMC, has had its own importance, and you are obliged to r

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British Malayali

Respected Sir I am a carer working in a care home. The care home owner is a Srilankan and he is using me. I am in work visa and he is using me from work visa getting. He is asking me to do sex even in care home and meet in lodge. What do ido. Can I continue or stop it.  Please help sir. Please keep my details secret. Respectfully (Name erased)  Dear Madam, We are thoroughly shocked of your question. We believe that your question is highly sensitive in nature. We advise you to take urgent independent legal opinion before acting upon. Before answering your case as per Employment Law perspective, we advise that, the acts of your employer is criminal in nature. If anybody is intimidated or procured for sexual intercourse, it is a criminal offence, which invites harsh punishment.  The defendant (the person alleged to have done the crime) will be caught under the following provision of Sexual Offences Act 1956. Sexual Offences Act 1956 Part 1 Offenses, and the Persecution and Punishment of Offenses. Intercourse by force, intimidation etc. 2Procurement of woman by threats. (1) It is an offence for a person to procure a woman, by threats or intimidation, to have F1 . . . sexual intercourse in any part of the world. Hence we request you to contact the police immediately with your gr

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British Malayali

Dear Sir,  I am a staff Nurse working in a NHS Hospital. I am working there for 8 years. I am suspended because I forget to sign a controlled drug. Because of busy I thought that it can be signed afterwards. I told my Matron what actually happened. She filed a report accusing me and suspended me. My union is not supporting me. Please give me an advice? (The identity is kept confidential as advised)   Dear A, We are very sorry for the untoward incidents meted in your long profession. We are trying to answer your question in line with the well-established rules and guidance\'s of record keeping as per the Nursing Law and signing and recording of Controlled Drugs (CD) as per various guidance’s and directions. We have come across different scenarios of qualified staff nurses, caught with the allegations of poor record keeping or allegations of not signing vital documents like MAR/ KARDEX sheets while administrating Controlled Drugs (CD) or non-Controlled Drugs. We bear in mind the difficulty of qualified staff nurses arrayed in disciplinary proceedings because of the similar situations. The record keeping of the qualified staff nurses are governed byNMC code of Conduct (the Code) and the corresponding practise directions/practise guidance\'s formulated by the employers. Article 42 – 47 of the NMC Code of Conduct (the Code) s

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British Malayali

\\gvknwKv \\nba§fpsS \\mev NphcpIÄ¡pÅnð am{Xw BWv \\½Ä CXv hsc kwkmcn¨ _mdnwKv AtXmdnänt¡m {Sn_ypWent\\m \\S]SnIÄ FSp¡tWm FSp¡mXncn¡mt\\m Ignbq. AhcpsS ssIIÄ \\gvknwKv \\nba¯mð _Ôn¡s¸«ncn¡póp Fóv \\nba `mjbnð ]dbpw (Their Hands are Fettered by Nursing Law). At¸mÄ ]nsó hnime A[nImcapÅ, \\gvknwKv \\nba§Ä¡v A¸pdw Imcy§sf AXnsâ sadnänsâ ASnØm\\¯nð ImWm³ Ignbpó Hcp B{ibw BWv \\ap¡pÅXv ! AXmWv \\½psS sslt¡mSXn !   kz´ambn hnthN\\ _p²n D]tbmKn¨v Xocpam\\w FSp¡m³ A[nImcw Dïv FópÅXv Xsó BWv sslt¡mSXnbpsS {]tXyIX (Inherent Powers ). \\nba ]camb asäñm km[yXIfpw ASª tijw AXmbXv sd{]ktâj\\pw A¸oð AhImi§fpw ]qÀWambn hn\\ntbmKn¨ HcmÄ¡p am{Xta sslt¡mSXnsb kao]n¡m\\mIq. AXmbXv NmSn Ibdn Hcp A¸oð ^bð sN¿mhpó HcnSw Añ sslt¡mSXn. Gähpw kq£nt¡ïn hcpI \\½psS ]cmXn¡v sadnäv Csñ¦nð FXnÀ`mK¯nsâ sNehv \\½Ä hlnt¡ïn hcpw. AXv sImïv Xsó Hcp sslt¡mSXn A&c

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British Malayali

Question   I had driving ban from 09/01/2012 (drink and drive offence). Does this ban will affect to get jobs in nursing homes? (I am Health Care Assistant and Settled in UK). Answer We understand that, you concern is that, whether you can work in the Health Care System? To work in the Health Care System you should meet the following criteria. 1. Valid CRB (Criminal Record Bureau) certificate called "Disclosure Certificate" without any adverse whispers. 2. Not in the any of the lists of Barring & Disclosure Service either in Adult Barred List or Children Barred List. 3. No Regulatory restriction. Point No: 1 Normally a conviction or sanction will come in the Criminal Record Bureau (CRB). The CRB filtering/verifications are called "Disclosures". The CRB is an executive agency of the Home Office and provides access to criminal record information through its checking service via registered umbrella bodies There are two types of CRB. Standard CRB and Enhanced CRB. In order to work in Health Care Sectors one should need an Enhanced CRB. Point No: 2 As far as functions of Barring & Disclosure Service is concerned, we have wrote different articles about the functions of the service. If you are included in either of the Barred Lists ie Adult Barred List or Children Barred List you cannot work i

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British Malayali

Question I am nurse worked in the United Kingdom for 6 years. I am cautioned by the police of an offence. The offence is with Sex Relation Act. I am barred by the Independent safe guard authority for 5 years. They did not allowed me to tell and listen to case before including in the barred list. Now I cannot work as nurse because of barring. I contacted my union all time and they told me they cannot do anything. Can you advise me anything thing do with my case. Answer. Dear Mr A, We believe that, you are barred by the Independent Safeguard Authority (ISA)for 5 years. You are aware that, when you are put in either or both of the barred lists. Adult Barred List or Children Barred List, you cannot do any of the “regulated activities” The regulated activities are the activities or work connected with vulnerable adults or children. We imagine that, you are made automatic inclusion in either or both of the barred list without the right of representation. Your question are two folds. 1.   By the nature of your conviction and sanction by way of a caution order by the police, whether the Independent Safeguard Authority (ISA) is right in putting you in the barred list? 2. Whether the automatic inclusion in the barred list, without the right of representation is correct? Point No. 1 We advise you that, conviction and sanction by way of a cautio

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