Do I have cause to complain? Urgent advise needed

[linnylou]

Very briefly I am employed by a local council to look after older people living independantly in their own homes, I visit them daily on a sheltered scheme and aid them in independant living. I also have to live on the site in a property supplied by them but I pay 70% of the rent.

 

By the nature of the client group I support, I often have new tenants moving on site and this involves alot of paperwork and support plans being completed, which is done in the tenants own home.

 

Six months ago, I received a new tenant to the scheme and went to do the paperwork etc, to cut a long story short the person had just come out of prison on a firearms charge and had a gun on the premises which was fired very close to my head, I was terrified but even more scared of being in a hostage situation so I tried to defuse the situation by carrying on with the paperwork (trying very hard to hold it together).

 

I left believe it or not taking the gun with me as I was very worried for the wellbeing of the other tenants and called the police, we ended up with a situation like something off the tv with armed police etc all over the place, they finally got him and arrested him. The police were well aware of him and his history and that he was out on licence. For some reason he was not prosecuted and remains a tenant on this site.

 

I soon found out my employers were aware of his history but did not feel he was a risk to me, so withheld the information.

 

For reasons only the police know they did not prosecute and neither was it deemed he was inbreach of his licence ?????? and because of this my employers say they cannot move him or do anything else.

 

I did not take one day off work, I felt if I did I would not be able to go back and if I lose my job I lose my home, I am still mentally suffering with it, the doctor says I have post traumatic stress.

 

I now feel my position is un-tenable I struggle to go to work I am tenterhooks incase I have to respond to an emergency call to him and to top it all, two weeks ago my boss asked me to start visiting him again, which I refused. He has now put in for a transfer to another scheme but still they will not give him any priority, they do not feel he should get any preferential treatment but one of us has to go, I am emotionally at my wits end and the impression I get is that management feel I am making alot of fuss over nothing but when a gun goes off close enough to your face to burn your cheek it is scary.

 

Can anyone advise me if I have any rights, I feel my employers put me in a dangerous position but have done nothing to rectify the situation, it has got so bad now that either he goes or I do but easier said than done bearing in mind the housing issue.

 

Sorry to waffle

[Goldlady]

Holy hell, I see a lot of people have looked at your post but probably don't know how to help. I am replying in the hope that one of our night owls will have something constructive to say. I am certain that you could refuse point blank (pardon the pun) to go anywhere near the place and that your employer would be totally unreasonable to even ask after what happened. Or indeed if a visit was required that you would be within your rights to take an armed response unit with you.

 

There have been too many instances of people being put in dangerous situations - in Newcastle a young social worker was murdered by a mentally ill patient when she was sent to his house alone.

 

I do hope that if you refuse it will not mean losing your job, but if you do you have a bloody good case for constructive dismissal. There are limits to what a person can be expected to do.

 

I hope someone can help you more than my early morning ramblings:o

[Lula]

I have requested that someone come take a look at this, I can only offer my sympathy at what must be a terrible situation to live and work in and I am sure that something can and must be done.

[Jemms00]

I'm sorry about your experience, I cannot even begin to understand what you are going through. I know when you work for the Local Authority esp. in your field of work they have to do some sort of check prior to any meetings (these are meetings arranged on work premises never mind home visits). If the individual has a criminal record then you are asked to take someone else with you, and are at least warned about this. I don't remember the name of these checks but I used to do this when I used to work in SS. I'm sorry I can't advise on the matter or help any further, I hope you get it resolved.

[slick132]

Hi Linnylou,

 

All credit to you for not signing off work immediately after this incident.

 

It's ridiculous that someone so dangerous is left unpunished and not charged with any offence - God knows why.

 

Expert opinion will follow, I'm sure - please be patient.

 

In the meantime, of course you don't have to visit the tenant and no-one can criticise you for refusing to do so. The Council that employs you has a lot to answer for in putting you at risk and should help you out of this situation.

 

Slick

[linnylou]

Thank you all so much for your words of support, they have really helped.

 

A couple of other points that might help clarify the situation, the only information I was given on this chap was his, name, age, next of kin and his medical issues.

 

When the incident occured managements response was "Oh dear this has come back to bite us on the bum" they had made a management decision to not tell me the history based on the way two colleagues of mine had previously dealt with another new tenant who had issues (non violent) and refused immediately to have any contact with that person.

 

We are supposed to make our own risk assessments when lone working, which is fine if you have all the information to make a educated decision.

 

My manager and I had a meeting with this chaps probation officer and she admitted that they only visit him in two's, as he was also a heavy drinker, the ambulance crew's that have had to respond to him on numerous occasions due to fitting (and he drinks on medication that makes him volatile when the two are mixed) will also only attend with a police escort, maybe a bit over the top but they have dealt with him in the cells before and are not prepared to take the risk.

 

When he was initially arrested the police had to let him out before they could question him as they could not keep him in the cells with his medical conditions or question him, they arranged to get him in the morning, the polceman who had taken my statement came to my home to let me know what was happening and to let me know that the chap hwas blaming me for everything that was happening to him and if I had any problems to call 999 immediately, the control room was being made aware and they would respond in double quick time, as you can imagine I did not sleep that night and all in all it has left me quite mentally damaged.

 

I can confirm that under no circumstances will I visit him and my boss has not tried to make me but in the same context I am the one here daily and have to deal with him if he uses his alarm system by calling ambulance or what ever.

 

All I want is him moved from here, he wants to move, I do not wish to dump him on another colleague but we have schemes with two managers and at least there they are not lone working.

[cal37]

Your employer has a duty of care towards you. Also they should do a risk assessment in writing about this guy. If you feel threatened by the chap, and then you do have a right to demand they reassess the risks involved. Asking you to do your own is not acceptable.

 

They can not force you into a risky situation alone, it might be that there must always to two of you who visit him, until this is done continue to refuse to visit him without a male co worker.

[linnylou]

Hi Again, just to clarify my position on this matter, it has severely mentally affected me, I go to sleep thinking about it and I wake up thinking about it.

 

I will not visit him under any circumstance even with several people with me, I would not be able to step across the threshold, I have to pass the property daily and it turns my stomach each time. If I see him I hide, stupid I know but that is how it has efffected me.

 

In fairness to my managers they have asked me to visit, I have refused and they have not asked again.

 

My grievance is, I should have been more informed in the begining, then all of this could have been avoided possibly and I feel he should be moved as a matter of priority bearing in mind their duty of care to me.

[slick132]

Hi Linnylou,

 

I post as a non-expert and hope that one of the site team will give you a more informed opinion.

 

From the additional info you've given in posts #6 and #8, I would say you have a very strong case for seeking damages from your employer. Your management's decision to NOT inform you of the guys history was totally wrong. It appears they were more concerned that you may refuse to see him (based on the reaction of 2 collegues to a very different situation) than they were about your physical and psychological well-being.

 

They failed in their responsibilities to you as an employee under their management and this failure has had a direct and detrimental effect on you.

 

They've messed up big time and, yes indeed, this will come back and bite their managerial bums, big time.

 

I would suggest you seek a free advice session with a suitably experienced solicitor to see if they think you have a valid case against your employer.

 

However, please see what more experienced peeps here say first.

[Ell-enn]

Hi there, I'm sorry to hear you have had such a frightening experience at work. Cal37 is quite correct in that your employers have a duty of care to you and I would advise you to put in writing to them requesting a meeting to discuss what steps they intend to take to make your working environment less stressful, as they have failed to take appropriate action to make you feel comfortable in doing your job. Your employer should also offer to arrange counselling for you following such a traumatic event.

 

I would also advise you to visit your doctor to explain your situation and how it is affecting your health.

 

I sincerely hope you can get the support you need from your employer.

 

Please keep us updated, and we will advise where possible.

 

Kind Regards

 

Ell-enn

[linnylou]

Thanks ell-enn and everyone who has responded to this thread I have noted all your comments and already have a dr,s appointment for tomorrow, following which I intend to have a meeting with my manager and try to get some sort of commitment from them to ease my situation,

 

Ell-enn your wording on what I should be saying to them was very helpful.

 

Thank you all for your support, it has helped me greatly on focusing on my best way forward and that I am not being unreasonable to expect more support.

 

I will keep you posted.

[linnylou]

Hi All, quick up-date on my case.

 

Have been to the Dr, very supportive as was my line manager when we met today.

 

The outcome is, I am off work for as long as I need,(won't be long knowing me) when I do return I will be working elsewhere and the main problem in all this is going to be moved but to an appropriate place for them, which obviously will not happen overnight.

 

I went to the meeting with my union rep who was very pro-active for me and basically the ball is in my court.

 

I am a happy bunny now and very grateful to you all for your support and advice at a time when I really was not thinking clearly.

[Lula]

that is really fantastic news Linnylou, a great outcome, well done!! Let us know how it all pans out in the end

[Ell-enn]

That's great news - well done for being brave and standing up for yourself. Good to hear you got the positive result you deserve.

 

Kind Regards

 

Ell-enn

[cal37]

Good result, well done.

 

All the best

 

Cal

[linnylou]

Hi All, sadly I am back for advice again !!

 

the saga continues, when I last posted I hoped I had everything sorted but this has proved not to be the case.

 

My doctor signed me off for two weeks and said I could have sick notes for as long as I need them, later that day I went with my union rep for a meeting with my line manager, where I produced my sicknote and we discussed how I felt (believe this was early March) Iwas then asked if I would like to take on a new role they were creating beginning 1st April, we discussed it and I said yes, based on this I decided there was a light at the end of the tunnel for me and being a total idiot tore up my sick note.

 

Long story cut short 1st April arrives and I find out job has been given to another person, to say I was gutted is an understatement and my union rep was furious, I was to upset to do anything I could not think straight.

 

Anyway the next day I found out the tenant who caused all these problems was being moved to another scheme (again union rep furious as they do not feel he should be on anyones scheme) he was not moved for my sake, he asked to move and it was his turn on the register. anyway pressure off me but I am still suffering mentally, post traumatic stress apparently.

 

It now gets worse, part of my job description is that I mobile visit other sites to cover for sickness, holidays etc and guess where they sent me on Friday " to the scheme he had been moved to" there were four of us mobiling that day but they sent me and when I asked not to go there, I got a phone call saying you do not have to go to his home but no you cannot change and do another scheme, mentally I need to be as far away from him as possible. (yet two other mobiles had changed what they were doing) so I went and did I suffer for it, I did not sleep the night before having nightmares about it all (these had gone away) I felt physically sick but I felt I had to do it, since friday I have cried and cried I think mainly because I am so hurt that they could knowingly put me in that position and through that.

 

I do not know what to do !!! I am one of lifes fighters but this has floored me, I cannot change my job because I would become homeless and I would have to pay my essential car users loan back, which I cannot afford, if I go off sick for any length of time I worry how my sickness record would efffect any job I might go for in the future.

 

Non of this has so far gone above my line manager, it has been kept in the department but do I now have a grievance against my line manager for putting me in a position that would damage my mental health !!

 

Any advice please !!!

[Ell-enn]

Hi there, I don't believe I'm reading this, are these people real? You most certainly have a grievance - 2 in fact. Engage the help of your union rep and bring the grievance procedure into effect - firstly regarding the job you were promised, you need to see the person specification for this role and ask why you didn't fit it (discrimination?) secondly, putting you in a position which put you under undue stress when they know your previous situation.

 

Next, go to your doctor and talk to him again. Any sickness absence you take as a result of their worsening your situation cannot be counted, and any action they took (which would be foolish) would be vigorously defended by your union. Have you received any counselling as a result of what happened?

 

I do feel for you in this situation, this latest episode should never have happened.

 

Please try to stay positive, you have been very strong throughout this and you are to be commended for how you have dealt with it. Your employer should count themselves very lucky to have an employee like you.

 

Kind Regards

 

Ell-enn

[linnylou]

Thanls Ell-enn for your post and support, your advice reflect my own thoughts, I am going to end up a basket case if I am not careful.

 

My union rep has wanted to take a much stronger approach on the matter but I have held them back until now, enough is enough.

 

One of my biggest problems is I am a real team player and I hate putting more pressure on my colleagues who like me due to lack of staff and a current freeze on employment are already under huge pressures but they all support me to the full.

 

As for the other job, I was told it was a corporate decision to give it to the other person as they have been diagnosed with an illness that now prevents them doing their old job but the best bit is, we all knew this person would not be able to cope with the new job and last week I was asked to jump in and help them and pull it round !!.

[DCA-KING]

Hi sorry to hear about what you went through i was put in a simialr postion by my employers (i was sent to a murder scene to remove items) i was a carpenter for a police force after it i suffered from PTSD and 5 yrs on im still suffering and recieving help your union should be helping you to make a court case for damages push them and tell them your boss failed in there duty of care also write to the police complaaints commision asking them to investage why a guy oin licence had a gun with no licence used it and they have not sent him back to prison or charged him not go to your mamanger hes just trying to save his own ass go to the top ask for a meeting with the head of the council i take it thats who you work for also i would write to your local paper telling them about it i did and i can tell you the sh@t it the fan big time because when they contacted the chief he new nothing about it and went on the war path cuz he looked a fool in front of the press also when my case came to court they settled 24 hrs before also if it states on your sick note that its PTSD or stress you boiss should not by law be contacted you as it can cause more stress push it all the way and give the union a kick up the ass to get moving

if you want anymore info pm me and i will email you all the help i can has i have about 6 files on my case

best luck regards DK

[linnylou]

DCA-KING I have pm'd you !!

[JonCris]

If knowing you are 'injured' your bosses continue to ignore your condition then apart from their original failure to tell you about this person thereby knowingly putting you at great risk they are also guilty for any continued injury

 

Please note that stress can now be claimed without any need for there to be a psychiatric illness diagnosed

[DCA-KING]

Thank for the PM due to the law issues i can only PM linny privately has i had a long drawn out court case against my employers over something simillar that was settled out of court

like i told her the are still breaching the law by continuing to put her at risk

also i told her to get the union to write to the chief of the police force asking why someone out on licence (so cannot hold a firearms cert) had a gun discharged it and never got charged or his licence for prison revoked

i also told her i would write to my MP and the home office police complaints commssior asking them to investage the force on these issues

so i can only answer and offer advice by pm on this

PS i have a file of over 6k of docs on my case about the laws, points of law and case law because after my case was over i asked for a copy of my case file always good to keep for ref

Regards DK

[linnylou]

Quick update on my case, I went to the Dr after the last incident I went through as I felt I could no longer continue as it was so stressful and have been off work for three weeks with one more to go, the Dr has been seeing me regularly and my sick note stated " extreme work related stress (unresolved)".

 

Through my union colleague I have kept my manager informed of how I was progressing and she in return had asked what I needed to be able to come back to work. I have been unable to think straight but have tried to be constructive and one thing I do know is that I never want to have to visit the scheme where this guy lives ever again and that is what I told them, I also said that I wanted it in writing, (it does not really cause any inconvenience to them not to send me there) .

 

I have been told I can have it in writing on a temporary basis and that I will have to go to occupational health for a report before they will confirm on a permanant basis.

 

To be totally honest I think I am kidding myself if I think just by having the above commitment I would be able to carry on, If I go to OT I will have to go through the whole story again and end up in pieces, I will probably leave with them saying I am unfit to carry on at all in my present job, which I am beginning to believe.

 

The demand I have made is very minor in the bigger picture of things and I feel very fair given the circumstances, really I want to leave I do not thing I can carry on but if I leave I am homeless.

 

My head is all over the place and I have to admit although I have spoken to acas I have not yet been to a solicitor, I cannot afford, financially or mentally to become homeless at present, my home is my comfort blanket right now.

 

In all of this I just want it never to have happened I loved my job and was working my way up the ladder and was getting recognised for the huge commitment I gave.

[slick132]

Hi LL,

 

When Ellenn asked a few posts back if you were getting ongoing counselling, you didn't mention the subject.

 

Given all the circimstances, counselling is probably one of the most important aspects of you getting back to work and recovering from all this.

 

Have you been getting counselling, how often and for how long.

 

Do you feel it's enough and is it helping you.

 

I'm sure Ellenn will be along later.

 

Take care, Slick:)

[linnylou]

Hi Slick and thanks for the post, afraid not had any councelling as yet, just cannot talk about the incident without sobbing so I felt it better to leave it for a while.

 

I always see the same Dr so that I do not have to go over the incident again as suggested by him.