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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 respond to NMC in the same sequence.
We advise you that, you have to enlighten the NMC of the circumstances surrounding the use of the mobile whilst on duty. It is very essential that, you have to emphasis on the following points.

1. Whether you knew that, your child was ill before you join the duty?
2. If the answer is "yes" any medical certificates or treatment records to that effect.
3. Reason behind carrying the mobile phone, whilst on duty. (Admittedly due to the illness of your child, if you were aware of it)
4. Did you attend calls or you singled out and picked a call from your home?
5. What type of care, you were delivering at the time of the alleged incident?
6. Have you ever been disciplined of similar incidents or any other incidents in the past? 

(The above questions are not exhaustive) 

The answers to above questions should be in line with the answers given at the time of the Investigation and Disciplinary Hearing before your employer.
NMC as a regulator, will look into various aspects of your alleged acts and determine according to your submissions.

Zenith Solicitor. (Legal Defence Team).

Disclaimer

The information contained in this article are from the event happened previously. The author of this article takes no responsibility in any shape or form should someone decide to act upon or use it for his/her personal consumption. The article has merely been presented exclusively for information. Should some on decide to use it for any reason, is strongly recommended to take independent legal advice prior to acting upon.

Zenith Solicitor.

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