Hypothetically... Would this be misconduct. Any nhs bods

A girl works for the NHS.
She creates a job for a mate., (in the midst of sips) ehom she interviews for the job.
She then has an affair with the mate, a subordinate on the same ward.

Is this deep doo doo
Or a non event....

Please, serious answers.
If you work in the nhs and know policy let me know.

 

Nexxo can help you out.

 

lol I assume she wanted to bone this guy, but didn't have the balls to pick him up. (pun intended)

So she creates a job for him, and as his superior, she then feels confident enough to seduce him If this is actually the case, then it's most definitely misconduct, but if her liking the guy is merely coincidence, and there was:

1) an actual demand for the position
2) a fair interview process was administered
3) the affair was an out of work hours and off site event

then I'd say there's no problem... but I doubt all three of these points were the case from a legal point of view however, no matter what the actual truth of the situation is, it can only officially be classed as misconduct when you can prove it.

I'd tell this buddy of yours (or is it you? ) to keep a record of everything from now on, and to avoid or at least not ever initiate any shenanigans at work, just because the proof might come in handy if she gets bored of her toy boy, and then it's probably time for an unfair dismissal lawsuit.

 

It's not someone who I'm the least bit fond off.

In fact, it would stop them screwing me over.

 

I presume the NHS operates similar policies to local government, where I work, but it's definitely a sackable offence to create a job for, or fill a position with, a friend or family member. She should have disclosed at the interview stage that she knew the applicant so someone impartial could have interviewed them instead. In local govt, interviewers may have to sign disclaimers at interviews that state that they have no relationship with the interviewee.

In most cases (unless it's specifically stated in your contract), affairs with subordinates, while not necessarily encouraged, are not disciplinary offences.

 

^^^ What he says.

Creating a job description with someone in mind is frowned upon. It does occasionally happen, but only if the job is actually needed and the person is already employed in the organisation. Even then it has to be advertised internally and other applicants interviewed without prejudice.

So the woman in question may have violated several rules:
- She created a post which may not have been necessary (i.e. its tasks could have been fulfilled by existing staff);
- She interviewed with prejudice someone she had a personal connection with = conflict of interest;
- She pursued a relationship with a subordinate = conflict of interest and violation of professional boundaries.

But as mvagusta says: if the there was an actual demand for the position and the interview was fairly administered (i.e. other people were involved in the selection process and she declared personal interest), then she will probably get away with the personal relationship --although she wouldn't if I was her line manager.

 

Thanks guys.

It is helpful.

 

I've got to say, unknowngamer, this is a little bit sinister.

Hope you work it out .

 

I've been using the word tossers lately.. no one knows wth I'm talking about

 

I think the biggest problem could come from the interview. Strictly speaking during an interview you should always give the role to the best person for the job. if the related friend that was given the job - wasnt the best person for the job then something is massively wrong.

 

This

She's been caught.
She says she loves him and sees it as a ling term thing.

I've not mentioned anything to do with work or him other than living aranegment post seperation.

I'd be paying more for a smaller house on a lower income then hers alone.
As couple they'd out earn me by almost 3 to 1, they can afford a bigger house.

To me it seems unfair that she cheats and I loose everything.

This seems to me, to be karmic balance.

Maybe I am a little selfish, and I'm quite hurt by it all.

But I still think it's fair.

We are having joint custody about 45-55 split in her favour.

 

Revenge is never a good idea --especially if you still have children between you. It only makes you feel better for a short while. Then it makes you feel a little worse for a long time to come. And it will fester between the two of you every time you have to talk about the kids.

Karma suggests that she'll get her comeuppance without your assistance.

 

I have not threatened them or their jobs.
Nor do I have any intention to.
Her being out of work would screw things up for the kids, her and me.
But they must be aware of thier situation, and I expect this to make them to be a little more flexible, and open to re-nogotiation.


I am hurt and upset by this.
But I'm not doing this for revenge.

I want a fair deal.

When it was just her she got the lions share, but it isn't just her, she plans on moving in with him once the kids get to know him.
I don't like they guy, but It'd be a bit wired if I did. I trust her judgment and for her to do whats best for the kids.
but
Now she looks to be getting a joint income it seems so one sided that it totally unfair.

I don't want them to loose their jobs.
I want 2 stable homes for my kids.

This seems a way of crating 2 stable homes.

Together thay can afford a house house worth £200,000
I can barley get a £70,000
the current house is £150,000, but £90,000 outstadning.

I can aford to take on the current home, otherwise I'm going to be in a dingy terrace.
While they get a large house at very little cost and a massive diposable income.
I would be in a tiny house and my income would be very low after the new mortage and bills.


It's a mess, divorce, adulltery and possible misconduct would be messy.


All I want is what is fair.

Am I un reasonable?

I see this from my side.

 

There is no doubt whatsoever that your situation sucks, and that this divorce has been harsh on you. But are you suggesting that you can make her more cooperative by, essentially, blackmailing her? Somehow I don't think that is going to work. She'll get anxious, then she'll get angry, and then she'll think of a countermove to screw you right back to reassert control over the situation.

Moreover, this is a gun with only one bullet in it. After you spill the beans to her employer you will have no leverage left, but a whole lot of anger and resentment on her part. And it will sabotage exactly what you say you want: two stable homes for your kids. Instead you will have two unstable homes for them. I take it that whatever you want, you don't want them to get caught in the crossfire.

Forget about fair: life isn't fair. You got dumped, and it hurts. You experienced a big loss so you want her to experience the same. But in doing that you are taking your eye of the ball: your kids. Someone may have to be the wiser one in this situation, and unfortunately that may have to be you. That's the price you pay for being the wiser one. Bad guys cheat; it is their way. Good guys have to play it straight.

 

I completely sympathise with you, unknowngamer, but I think Nexxo's absolutely right. You need to play it cool.

Think about it like this: they can afford better lawyers than you. Probably a pessimistic thing to say, but if you do something rash, it could bite you in the arse later.

 

It seems you're looking at things from your and her side, but perhaps you should be only thinking about you and your kids.
What's wrong with living in a terrace which is cheaper that helps you to forget about her?
When you settle down with a nice girl, you can sell the terrace for a nice deposit on a big place.

Perhaps buy a place which needs some labour but not too much money spent on it, and fix it up = maximize profit when you sell, and gives you something rewarding to work on/take your mind off her.

 

now that I come to think of it.. coveting a persons salary, possessions, heck anything always ends badly for you.. go with the flow man- this isn't a fight you can't win anyway and living your life will put the penis noir in her cushy lifestyle

sometimes you need simple things to release the stress.. doesn't hurt to remember things happen for a reason too

 

I assume however that they will have to pay you child maintenance, given the earnings situation and what-not? Atleast, that is something I would say is worth pursuing when it comes down to the legal nitty-gritty ( in-lieu of knee capping's )..

 

It's good to have coherent counter view.

All the folks I deal with IRL are kinds biased towards my side.

My friends dislike her, even though some of them have not met her. They like me and support me. It makes it hard to keep a balanced view. Only one person I've talked to has been urging restraint, ironically it was the same person who talked me out of proving she was having an affair 4 months ago. They counsil has less weight in my mind now.

I will try and step back and follow what ever course the future holds.

I don't want to turn into an angry spiteful person, anger and hate takes alot of energy and can eat away at you.

thanks for being a calming and balanced way of working through issues folks....

 

"Living well is the best revenge" --George Herbert