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Jake143

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  1. Thank you. Very good idea. I'll have a quick look tonight and then start again early tomorrow morning. Otherwise I'll go to local Head Office, not just small local one and ask them if they have any suggestions re Rep. Only problem is that in the letter I sent last night I put forward the two dates the TU Rep can make, so just hope that if we do get a new one that they can make these dates. OH has a feeling that he will get a phone call tomorrow asking why he didn't attend the meeting. Wouldn't be surprised if he did but he won't "be available" to speak to them. All bets taken!!
  2. Well, I sent the email last night to both of the office staff with the letter as an attachment and marked P & C. I also hand delivered a hard copy early this afternoon (obtaining a receipt to prove delivery). NOTHING back from the company. I requested a postponement so that TU Rep could attend and gave two other alternative dates. As I said, nothing back whatsoever. I hope they're not expecting him to turn up tomorrow, or to have the hearing in his absence. Glad I got the receipt from the Receptionist when I dropped the letter off! Must admit I'm a bit worried though. Don't know what the next stage is. Tried to ring TU main office this afternoon but kept getting answerphone. Will try again tomorrow morning.
  3. Thank you Rachel MD. Managed to get hold of TU Rep. and get a couple of available dates from him. Just about to do letter to company asking for meeting to be held on one of two alternative dates due to TU Reps availability. TU Rep queried why OH wasn't doing what was advised, i.e. resigning before disciplinary & told him that I'd been googling etc.& didn't believe that he would in fact get a reference NOT mentioning "pending disciplinary". Don't think he was impressed by me saying this. A friend has told me about a TU Rep who represented someone they knew who was very good so might try and see if I can get hold of them tomorrow. Same Union and same branch, just hope that they can make the dates that I'm going to suggest to company tonight. If not, then OH will be on his own - for the first meeting at least. I feel very sick.
  4. ' Disclosure of client identity data to a third party'. That is what I am assuming to be 'confidentiality'. Doesn't say anything else. At all. I could be totally barking up the wrong tree. Out of the other 3 points which are to be "discussed", the only one which gives any indication of what it's actually about is the breach of H & S about reporting the accident 3 days after it happened "which is in breach of our reporting procedure as stated in your staff handbook". (Er, where???). The other points we are assuming are all to do with the day he ended up in A & E and didn't go to work at the usual time. No actual indications as to when/what they relate to. Can't get through to TU Rep on phone.
  5. Thanks for your advice. Failure to report the accident - that's what I thought. Only reported it due to having been to A & E and being unable to work due to this. If it had just been a bruise then wouldn't have reported it. Confidentiality - the only thing we can think of is that I asked "was **** running" and that was ONLY after member of staff had repeatedly said clients name when asking questions. Wracking our brains to think of anything else it could be, but can't think of anything. Failure to inform- I can understand what you have written about this. The client in question according toOH doesn't have medication or complex needs, just a bit of support and, of course, the shopping (which was checked on by OH before attending GP and A & E). Yes, it would have been better to have rung the firm earlier but it was his intention to go there after GP and then when sent to A & E after that. Client doesn't go out by themselves so would have been there no matter what time. There have been times in the past when OH has been unable to go in and has rung the company first thing but usually client in these instances client doesn't get anybody on the same day! Generally from what OH has said to me, I think it's a bit hit and miss whether or not clients are covered. If they have lots of notice i.e. holidays then generally I think they are, but if its sickness then for first day or so if they're lucky they are, otherwise could have to wait a day or so. Going back to the confidentiality matter again. Client rang OH on his mobile the other night to find out how he was (2 days after accident).Client stated that they had been covered for these 2 days with different people (but not the original day) and when Client went out shopping with one of the covers, they had seen the cover's father in a cafe and had gone in and had coffee with him. Cover was somebody client had never met before, nor had they met father! OH said client was not perturbed by this in the slightest, but I think employer might be! I do know one of OH's clients. This is because I work for large organisation which has "Fun Day" in summer. Clients father asked if I could get tickets to this for Client a couple of years ago which I duly did and a good day was had by all, followed by tea with client's father. Client apparently likes me so if there are any events on (at my workplace or otherwise) I try to get tickets etc. for OH, Client and very occasionally (but not usually) me. Father believes that it is good for client to socialise with different people in different situations i.e. me and events. Don't think that employers know about this as Father definitely wouldn't tell them (he wants OH to go self employed so he can employ him directly). I'm quite sure that this isn't the confidentiality thing employers are talking about, if so, why not bring it up previously? Also if it was, from what father has implied to OH, then he would drop employers immediately. Another thing about the confidentiality/vulnerable people etc. My parent was in a CH for a while, and I continued to visit other residents there after parent died. I was going to become an official volunteer there but this would have caused complications at my work re further CRB checks (I'm already enhanced but home would have had to get another & involve my employers etc.) so I was told that I could continue to visit and indeed take residents out if I wished, but as a "friend" rather than volunteer. These were vulnerable adults in an EMI home and owners were quite happy for me to do this. I also appreciate what you are saying re 1 side of the story. Over the past couple of days I've grilled OH re "Are you sure they haven't said/mentioned/told you not to...." etc. etc. and he's adamant that he has never been pulled up over anything before verbally or otherwise. He hates going into the office, so I sure if he had had to go to be verbally told off or whatever then he would have told me.(however I'll keep grilling since I do get your point!). Since his direct LM left a couple of months ago, he assumes that office/owner is his LM but hasn't been officially told. But as I said, he avoids any contact with them unless absolutely necessary - and then he usually sends an e-mail! He wasn't even told that his LM had left - was told by one of his clients and sent a letter from office with change of emergency numbers in it! I've checked the CQC report and as the current owner bought out the old company last year, no reports have been completed yet. I do know from what OH has told me that they don't have a very good rep with SW's due to lack of continuity. Only other thing OH has just reminded me of is that he has now told office that he doesn't have a mobile phone. This is because they were forever ringing him to do sick cover which meant leaving his regular clients (he doesn't have enough spare hours during day to do sick cover as well as regular clients) and covering for somebody else. He thinks that this is very unprofessional and unethical - taking him from regular clients to cover for (possibly) better paying ones and/or residential homes. They have also asked him to leave regular clients early in order to do sick cover. If he had spare time then he would do sick cover but he works 5 days and 5 evenings and has 2 afternoons a week where he has a couple of hours off between his day and evening clients. Re the TU Rep. The problem is that the original meeting is supposed to be this Wednesday, so I'm going to have to get a letter to them via email today and through their post box tomorrow. If it wasn't this week, then I would contact TU tomorrow & get change of rep, all I can think of doing is of telling rep what OH wants to say etc.rather than asking him. I'm currently collating all the info and advice I've received from my original query on this site for this purpose. I'll just tell TU Rep that I've been researching on i/net and this is the info I've found! Thanks again for your advice. Back to the grilling. Nec deditio nec regressio. I agree totally!
  6. Probably the shock of finding a Tesco's open on a Bank Holiday Sunday! or baking bread! Don't care what you're called, thank you anyway.
  7. Think my befuddled brain has just got it! Going through the whole handbook. Interesting bit in Disciplinary Procedures where it says that "other than for an "off the record" informal reprimand, you have the right to be accompanied by a fellow employee, who may act as a witness or speak on your behalf, at all stages of the formal disciplinary process". Not what it says in their letter! Also: "you will only be disciplined after careful consideration of the facts & the opportunity to present your side of the case". Well they certainly gave "careful consideration of the facts" as the letter was sent the next day. "You should report all accidents, no matter how minor, in the accident book in your office". (No time specified, and it was!) Interesting book this handbook. Like watching paint dry. More to come tomorrow.
  8. ???? Thank you Elpulpo and Sidewinder. I am now going to scrutinise the disciplinary and grievance section in his employee handbook. As I'm shattered, it might be my bedside reading. If I have any queries on what I find, I'll ask you tomorrow if I may? Care industry is quite a sensitive place to work, as it should be. However husband has been in this sector for about 9.1/2 years now and is fully conversant with the do's and don't's of working with vulnerable adults. We both also have experience of family members who have been classified as "vulnerable", one due to dementia and one due to L.D. I'm also enhanced CRB checked due to my work and, again due to work have been on several data protection courses, same as husband has. What I'm trying to say is that even though I don't work in the care industry, I'm not a complete novice at dealing with "vulnerable" people and we both fully understand all the implications involved in dealing with them. Which is why this has come as such a shock I think. Time for my bedside reading.
  9. Forgot to say, there is NO mention of GM at all in the letter. In fact the entire letter has been in my previous posts. The introductory para telling him to come to meeting on........... to discuss, then the four points raised, then the bit about bringing a colleague who can't speak etc. That's it.
  10. Thank you. Do you think that there is any chance that if I put a rocket under T U Rep that he might manage to get the whole thing dropped due to their non investigation, and their data/identity disclosures in front of me, and that they might agree to a consensual resignation without any mention of disciplinary hearing??? The main thing I'm worried about is that the company is owned by one person. That one person had the DH letter pp'd, couldn't even be bothered to sign it herself, and obviously any decision at the DH is hers and hers alone to make. IF she decides to go further and warn or dismiss husband, then there isn't anybody else in the company who could chair an appeal hearing. Only two other office employees, one does accounts and her daughter is general dogsbody. On the plus side, I had a lovely dinner waiting for me when I got home from work this afternoon. If it wasn't for the money aspect, I could do with a full time househusband! On the negative side, he's devastated by this whole scenario and is still leaning towards the "resign and stuff 'em" bit. I'm trying to talk some sense into him, but he's very non confrontational and I'm quite worried that if they don't accept any dates put forward by T U Rep and he has to go to meeting by himself, he's likely to just accept what they say just to get the whole thing over and done with. As I said in a previous post, I've only met them the once and if they spoke to me as an employee like they did to him, I would have told them where to put their job! Don't think that man-management is their forte!
  11. I'm calm, VERY calm - breathing in and out VERY slowly. But also VERY angry and VERY worried!! I AM doing paragraphs, aren't I??? Sorry, thought I was and have just seen that Sidewinder has paragraphed it to preserve Elpupo's sanity! Oops! Back from work now, dinner and then back on site to see if any more advice please. I plan on drafting the letter tonight, speaking to TU Rep about it (and available dates) tomorrow morning and then emailing and dropping it off. Is it worth putting anything in the letter along the lines of "where's your investigation? " etc. etc. or should I keep it very brief and just say we can make this/whatever date and will be bringing TU Rep. Also if meeting is held during week beginning 1st May which looks likely at the moment, then husband may well be back at work i.e. signed back to work by GP. Wonder what they'll do then?? Let him work as usual and still have meeting or suspend him?? Again, thanks in advance for any advice.
  12. Hello again. To answer your question in the penultimate paragraph - the letter says: "Following your visit to the office yesterday, you are required to attend a disciplinary hearing on....... to discuss the following:...." , then the 4 points raised, then tells him to "consult your staff handbook prior to the hearing and you may be accompanied by a colleague if you wish. Please note that they will not be able to speak on your behalf. You are required to confirm your attendance." That's it. Oh, the only other thing of note is that in the last paragraph regarding not reporting the accident, it states that it is in "breech ((their spelling)) of our reporting procedures as stated in your staff handbook". We've gone through his staff handbook and both under injury at work and accident at work it only states that it must be reported, doesn't say within a specified period. As stated previously, when it happened he thought it would just be a bruise and that's it, you know, something not worth reporting. I'm wondering whether or not they think he's reported it to make a claim or similar and they're covering themselves. For reference, he's not making a claim, we never even thought about this aspect until we were trying to work out where all this came from and realised that it might stem from this. With regard to the timescale of reporting, I actually reported an injury at work at my workplace over a year after it happened (too long to go into) and it was accepted. Thanks again for you advice - invaluable and I shall now go to bed and sleep a bit easier! I won't be on site until tomorrow afternoon as working tomorrow a.m. but await any further responses with interest and a little bit of relief!
  13. Thank you for your response. I must admit I wasn't too impressed with the TU Rep either, hence asking for advice on this site! The things that they want the meeting for can be disputed 1) not immediately reporting an accident etc. - in the handbook it says accidents must be reported but doesn't give timescale. At the time of accident on Friday (a minor fall on a previously injured arm), he thought just bruising etc.AND he continued working as usual, even going to evening Client.It was only next day that it started stiffening up and the Sunday when arm became totally unuseable. Office not open over a weekend and it was reported to them on the Monday. 2)Failing to safeguard - client lives independently, he telephoned client & advised that he was going to Drs first & would then come & see her. After going to A & E went into office & told them & they said DON'T go & see her, even though I was going to drive him there & drop him off. He does bits of shopping for her & had checked before going to Drs that she didn't need anything & would be OK until later in the day. 3) Identity bit - in office they kept repeating Clients name(who he was with when he fell) in front of me (& child) AND other clients names etc. I said "Was **** running?" after they repeatedly mentioned the name - nothing else. 4) Not phoning them to tell them he wasn't going to work - he WAS going to work, even after A & E but they told him NOT to go. He only has the one client during the daytime on a Monday and that's only for 1.1/2 hrs so as stated previously, he'd already arranged with Client to go in later. Also on letter they have said he can take a colleague (who can't speak) but no mention of TU Rep.at all. Also forgot to say that he actually has interview in 10 days with more reputable firm, so the timing of his fall couldn't have been worse!! If they have the "meeting" and they just decide that they're right and he's wrong, can they just get rid of him like that, i.e. instantly?? If so, does he have to appeal it or whatever or can he apply for a Tribunal straight away. If they don't get rid of him but decide that he's going to have a "Warning" or whatever on his record, can he also appeal that?? As it's a very small firm, I'm at a bit of a loss to know who is going to tell them whether or not they are right or wrong! Final question, I've already sent email to company saying he may not be able to make original meeting date dependent on availability of TU Rep. (which date TU rep can't make anyway). TU Rep also says they can't make him attend a hearing whilst he's off sick, however I believe that they can as it's a physical injury rather than a mental one (ie stress). I'm ready to do a further letter to them requesting different date (to accommodate TU Reps availability) but don't want to push it too far re the sickness criteria. (He only gets Statutory Sick Pay). Again, thanks for the advice.
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