Workplace Support
The employment team at Neumans LLP has experience in dealing with problems and situations that arise from the workplace and offer a great deal of support including drafting grievances, attending disciplinary hearings and preparing Tribunal claims.
Disciplinary Hearings and Internal Investigations
The employment team at Neumans LLP has experience in dealing with investigations and internal disciplinary hearings that involve regulated professionals. We have advised and represented clients during the investigation stage and at internal disciplinary hearings (including providing legal representation). If you have been suspended or are under investigation, please contact us as a matter of urgency. It is often beneficial to get advice at this stage, rather than waiting until the matter becomes external.
The investigations/disciplinary process can sometimes last for many months. During this time a nurse or midwife may be suspended. Inevitably and understandably, this will be an extremely stressful time for any nurse or midwife, as the allegations made often go to the heart of their professional practice. Neumans is well aware of the hard work that nurses and midwives undertake and the dedication they show to their role and are fully aware of the pressures facing nurses and midwives including inadequate support and inadequate funding.
Legal Representation at Internal Disciplinary Hearings
There is no automatic right to legal representation at a disciplinary hearing. However recent case law (including Kulkarni V Milton Keynes Hospital NHS Foundation Trust and R (X) v Governors of (X) School and (Y) Council) suggests that the law is moving towards allowing legal representation in certain circumstances, especially when the employment is regulated by an external body. Nurses and midwives are regulated externally by the Nursing and Midwifery Council (NMC). Anything that occurs inside (or even outside) of employment that calls into question the suitability of a Nurse or midwife to remain on the register can have far reaching NMC consequences.
Grievances
We have advised and given assistance on workplace grievances. This has included drafting grievances, liaising with employers and attending grievance meetings, analyses of findings and using grievances as a basis for employment tribunal claims or settlements. We have been successful in crafting grievances and using them later on as the basis for favourable settlements.
Employment Tribunals
Neumans LLP has experience of dealing with a full range of Employment Tribunal matters. Recent instructions have included claims for unfair dismissal, wrongful dismissal, sex discrimination, race discrimination, disability discrimination, sexual orientation discrimination, harassment / victimisation, allegations of whistle blowing (protected disclosures) and effective lack of TUPE consultation.
High Court / County Court
High Court / County Court claims can arise for a variety of reasons including situations arising from harassment / bullying, breach of contract, enforcement of restrictive covenants and injunctions.
Neumans LLP has a particular expertise in providing advice and representation in cases of work-related harassment claims in the County / High Court. Harassment can range from bullying and verbal abuse, to serious threats of physical violence.
Whistleblowing (Protected Disclosures)
The Employment Rights Act 1996 protects persons making whistleblowing complaints. It is also unlawful to be subjected to detrimental treatment or dismissed because of making a whistleblowing complaint.
If you are thinking of whistleblowing you should take immediate legal advice. The law is complex and cases are often defended vigorously because there is no cap on damages awarded and because the reputation of the organisation may be at stake. We have experience of dealing with sensitive whistleblowing matters including matters arising out of medical and care establishments.
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