My partner has just been fired

[mexico531]

Sorry to hijack this thread but I wasn't sure exactly where to post.

 

My partner, who has worked for almost ten years as a carer for a lady who was involved in a road accident, has just been fired. The brother of this lady ( the person who actually employed her) has told my partner that he doesn't have to follow the normal procedures of warnings and discussions, as she is the "Carer of a vulnerable person." Does anyone know if this actually true as her dismissal has come completely out of the blue.

My partner doesn't even know what she has done, or not done to prompt this action by her employer.

[elpulpo]

Best to start a new thread on this one, avoids confusion.

[mexico531]

Best to start a new thread on this one, avoids confusion.

 

Can somebody please let me know how to do this. Can't find those options.

Thanks

[elpulpo]

Between the grey announcement bars and the khaki sticky bars on the main page of the employment forum, there's a blue button that says 'post new thread'.

[papasmurf1cx]

I have asked to mods to give you a thread

[cerberusalert]

Posts moved & new thread created.

[papasmurf1cx]

deleted

Edited February 20, 2011 by papasmurf1cx
irelevant to this thread

[Surfer01]

I think the last post is irrelevant and probably applies to the original thread before this new thread was started.

[mexico531]

Posts moved & new thread created.

Thank you.

So, is it correct that when working as a carer for a vulnerable person, you don't have the same rights re dismissal procedures as everybody else?

[papasmurf1cx]

What was the reason for the dismissal. You seem to be suggesting that there was no reason and that it just happened. Experience shows that employers do have some sort of reasoning to dismiss.

[mexico531]

No reason given other than un-resolvable issues. The only issue that my partner is aware of, is that she recently discovered that she was not getting her full holiday entitlement, and so asked if this could be resolved from this new financial year in April. Even though she has not had her full entitlemant for the last few years she was quite happy to overlook that.

[SarEl]

Simply because the employer is, or the employee works with, a vulnerable person does not mean that the employee can be dismissed without the due process owed to all employees. On the face of what you say, this is an unfair dismissal because you asserted your rights - to statutory leave - when the employer has been in breach of the law on the matter. There was also a right to a full disciplinary process, the right to be accompanied to a disciplinary meeting by a work colleague or trades union officer, the right to be notified in advance if the outcome could be dismissal, the right to see what evidence is brought against you.... and you cannot be dismissed on a first disciplinary unless it is for gross misconduct. It is a relatively simple and straight forward case to bring to an employment tribunal and you could lodge a claim yourself.

[mexico531]

That's what I thought! But he has definitely told her that as she was working as a carer for a vulnerable person, the normal guidelines and procedures with regard to warnings and discussions do not apply. I don't know if this true. Could he just be "Trying it on?"

[ashmk]

Sounds to me like he is trying it on.

 

Have a read here.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026619

[mexico531]

Thanks, I'd already looked at that. Both my partner and myself are a little bothered that what her employer says may be correct and, where the job is looking after a vulnerable person, he has the right to do what he has done. I've tried googling but can find nothing relating to employed carers in a domestic situation. All I can find is information about peoples rights whilst working and caring for relatives etc. in their "own homes", not actually being EMPLOYED as a carer in the disabled person's home.

[papasmurf1cx]

Was she employed directly by th lady / brother or is there a care agency involved who employs your partner?

[mexico531]

Directly by the lady's brother. There is no agency involved, but her situation is actually overseen by a case manager; I believe that this is something to do with the large compensation package she was awarded after the accident that left her brain damaged and spastic down one side.

[watchinginvestigation2010]

Is she self employed as in agreed a fee and gets that fee. or does the employer brother pay tax and ni to the hmrc on her behalf.

[Surfer01]

Did the employer pay NI and tax or was your partner self employed? It seems as as if they are trying to avoid paying holidays etc to which your partner is entitled to.

[watchinginvestigation2010]

ooh both posting same:-)

[papasmurf1cx]

ooh both posting same:-)

 

and at the same time oooooooooooohhhhhh spooky !!!!

[mexico531]

No, she was not self employed. She paid income tax and National Insurance through her employer. Just the same as most of us. She has a contract of employment too. As far as not giving her the entitled holidays are concerned I would agree. There was no problem, of which she was aware, until she started asking for her legal holiday requirement. She only found out about her full legal holiday entitlement by accident while she was searching .gov for something else.

[SarEl]

There is absolutely no doubt at all that caring for vulnerable person does not remove your employment rights. This is utter rubbish.

[mexico531]

There is absolutely no doubt at all that caring for vulnerable person does not remove your employment rights. This is utter rubbish.

Again, "Thank You". This is what we thought. Would you suggest the CAB as a next step first thing tomorrow? Or a request for her to meet with her (former) employer?

[SarEl]

I suggest putting in an ET1 to the tribunal before they realise that you can!