Employment Disputes

(Applies to Full and Standard Members)

There are many good employers in pharmacy but occasionally situations occur where disputes emerge. When this happens you are strongly advised to secure the advice and support of someone who will have your interests at heart. Problems may occur when:

• You have been treated unfairly or harshly
• You have been treated illegally
• You are desperate because you know that you are at fault but you do not know the best course of action to follow
• You just want someone to talk to, or someone to support you through the process

What to do when a disciplinary procedure is brought against you

There are many stages of the disciplinary procedure, normally, in ascending order of seriousness: a verbal, a written, a final written warning and dismissal. There is an exception to this, in which case the employer must cite "gross misconduct" as grounds, giving them the right to suspend you pending a formal investigation, after which they can summarily dismiss. The employer should list such misdemeanours, though the allegations should still be proven.

A disciplinary hearing

If you are asked to attend a disciplinary interview, ask for clarification of the disciplinary procedure. The first stage of a disciplinary hearing should be an investigation. Most forward thinking employers will not object if you request the presence of a friendly observer at the interview.

If at any time you feel that the investigation is becoming a disciplinary interview, request clarification and an adjournment so that you can seek advice from the PDA. Do not attend a disciplinary hearing without a representative or friend.

Prepare well

If you are asked to attend an investigatory or disciplinary interview, ask for as much information as you can before attending the interview.

If there is any hint that you are being accused of a criminal or a professional offence, request an adjournment of the interview so you can secure legal representation.

Never allow yourself to be bullied

Some employers employ ex-police officers and involve them in disciplinary interviews, so you may be faced with a situation that is unpleasant and for which you are unprepared; after all, you trained as a healthcare professional with probably no experience of these matters. Do not let yourself be bullied at any time, regardless of how unpleasant the situation may be. Remember it is likely that the interviewer is trying to get you to admit to some wrongdoing. Do not be persuaded to admit to anything you did not do, in exchange for a promise of a pragmatic solution from your accusers, as you will be held accountable for your admission at a later date.

DEFEND YOURSELF:

If you are involved in an employment dispute, then contact the PDA on 0121 694 7007. We will:

• Listen to your side of the story
• Give you independent advice
• Give you practical support by providing you with an experienced mentor to assist you in any disciplinary proceedings instigated by your employer
• Refer you to legal experts where appropriate

Remember, as a member, you are covered for up to £500,000 of legal costs to assist in industrial tribunals, which include claiming compensation for unfair dismissal.