Jump to content

  • Tweets

  • Posts

    • I dont care what race, colour, creed, sexuality or personal religious beliefs anyone holds and just like I dont believe anyone should be penalised in any way for their purely personal choices and beliefs, neither do I believe they should expect or be given benefit or preference over any others based on them.   Real non-discrimination in my opinion.   If a person is a benefit to our society - I don't care about their purely personal choices. If a person is not a benefit to our society - I dont care about their purely personal choices.   ... and that certainly is not anything approaching Nazi-ism in my opinion. Sounds more like real world socialism to me than most self-proclaiming socialists I hear and see.     Are people who make 'profit' - all 'bad' - are they heck as like Are people who say we should give everything away to those more 'needy' - all 'good' - are they heck as like and in the vast majority of those cases most are nether of the extremes of 'good' or 'bad',   .. although it is arguable that those who consciously make a personal choice give away all their personal belongings other than perhaps the absolute minimum they NEED - to those more needy ... are 'saints' - if their personal choices accept that, and whether officially acknowledged or not.     I agree it would be great if the world was at peace with itself and everyone, and no-one went hungry or feared for their childrens futures, and there was no greed, or fear or hate or even want - but this is the real world, and we have to deal with it in real ways.   Not even Star Treks federation is close, let alone the reality we need to deal with.
    • This will be won’t pay more.  The Ex-husband got his ex-wife to go to mediation to sort out the financial side because they own property together.  The ex-wife did not like what she heard from the mediator and would not cooperate. So they wasted 3 visits. Afterwards she arranged another mediation meeting but just for herself without the ex-husband involved and paid over £120 to tell the mediation service how shit she thought they were. Then told the ex-husband what she had done.     Now here’s a new bit of information at the moment the ex’s have one of their houses up for sale, can my sister put a lean on the house?  If yes, how does she put the lean only on the ex-wife’s part of the money
    • I have had to fill in a declaration a few times. southern Water are the worst performing Water provider in the UK. They have even been investigated by the Serious Fraud Office.    I have no doubts there will be many vulnerable Southern Water customers with similar issues who are not aware there Watersure Tariff has been wrongfully  removed.   The culture within Southern Water as I have experienced lacks transparency. The Customer Service Manager used language that removed all blame from Southern Water. Instead of saying they would accurately re bill me he said he would look into the overpayments Inhabe been making!!
    • I've only escalated my case to the CAB. To be honest, I've not had time to approach any other body with my complaint, such has been the complexity of the case so far. Add in the fact that I work in Helsinki most of the time, and when in Scotland, I have a 14 hour round trip to court, it means that the whole horrid episode has been altogether mentally draining.    I really hope the 29th brings some closure, as I'm pretty much done with it all now.
    • so This excess in all sections will mean I have to pay his 3000 of damage and my own 3000 or just 3000 all in please
  • Our picks


Do I have a constructive dismissal case?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2529 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have been employed since 07/07/2012 (5 months).

I have 10-years work experience as a dementia carer; nurse's and nutritionist's qualifications; spotless track record.

I work as a live-in carer on 2 weeks on/2 weeks off rota basis:

2 x Wed -Wed; paid breaks 7h on Wed (11am-6pm) and 4h on Sat (11am-3pm). Sleep in nights on call.

Client (and a dog) has advanced dementia and is very mobile.

I think this is more like a shift work, where the shift pattern is:

4 live in shifts (315 hrs) are worked in 14 days:

Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break

Saturday 3 pm - Wednesday 11 am; 92 h; 6 h break

Wednesday 6 pm – Saturday 11 am; 65 h; 4 h break

Saturday 3 pm - Wednesday 12 am; 93 h; handover

315 h worked in 14 days.


I believe my employer has committed a serious breach of my EC by:

1. Failing to pay NMW

Required to work 315 h in 14 days, being paid £ 80 per day = £ 3.55 p/h.

2. Failing to provide minimum daily and weekly rest periods

The breaks I get at the placement are: 7 h break (11 am – 6 pm) on Wednesdays; 4 h break (11 am – 3 pm) on Saturdays.

3. Serious breach of the 'duty of mutual trust and confidence'

a) by accusing me of gross misconduct (on 29/11), Unprofessional conduct: raising concerns about the Company and carer colleagues with the client representative (client's son). I replied to Client Son's personal text message to me about his Mum, making a comment about the Company and relief carers. I felt this was my duty of care to let the son know how his mother is being treated by relief carers the company is providing.

They are accusing me of Crossing professional boundaries (Company's Policy 93)

and Failure to follow their policies and procedures.When I asked what policies and procedures do they mean, manager said Policy No 93. Said I haven't seen it, he said it was available on the website and was included in my employment contract (not true). Was given the copy of Policy No 93: Professional Boundaries on 06/12.

b) by imposing a suspension with pay (on 29/11), Suspension Grievance on 30/11.

c) giving a warning of possible summary dismissal (on 06/12) before the disciplinary hearing ( 13/12) (adding to unnecessary stress)

Suspension was a “final straw”.

Other perhaps relevant breaches and actions:

1. Failing to sign off my Common Induction Standards (Care Academy), which I have completed/passed in 09/12 and it is pending sign off since I passed my probational period (07/10/12).

2. Failing to acknowledge my name. I changed my surname in October and notified the employer – they are still referring to me by my old name (incl all the disciplinary documents).

3. Not treated equally and fairly (was lied to) when applied for Senior Carer's position within the company twice (21/09 and 14/11).

4. Elements of bullying from senior manager (who is in charge of senior carers) - destructive irrelevant criticism and irrelevant remarks undermining my abilities.


I'm in the situation where I have suffered a psychiatric injury, I am not able to work or defend myself at the hearings in English, because my mental health has suffered: I have panic attacks and constant anxiety and tearfulness, difficulties to concentrate.

I have no money for a lawyer, I have no money to pay my rent, I have no money to buy food. I have no money to go home for Christmas ..


Could you please advice what should I do.


Do I resign asap to be able to claim constructive dismissal?

The disciplinary hearing is scheduled for 13/12 and I'm pretty sure they will dismiss me as they have warned be doing so in the hearing letter.

I have documented everything and kept placement diary.

Please help. Thank you.

Share this post

Link to post
Share on other sites



Just to be clear, you can't claim constructive dismissal on standard grounds until you have two years service.


Have you raised a grievance or complaint in writing over these issues?


It does sound like a potential breach of NMW and the Working Time Regs - when "on call", are you at the employers premises, or at home? One point is that domestic servants who live in could be exempt... But if you are at a service users home, that could be grounds for complaint.

Share this post

Link to post
Share on other sites

Thank you Becky for taking time to reply - I hoped you will.


1. Yes I work at Service User/Client's home.

Employer calls it live in work. I came across advert on Gumtree from a market leader care provider, who offers a correct pay for "like" work:

"We are looking for care assistants to provide care to a man with spinal injury and schizophrenia in Haringey. Mental health experience required.Full training will be provided. Shifts are - Days 8am-2pm and 2pm-8pm; Sleep in nights 8pm-8am. Pay £8-£8.50 per hour, sleep in night £62"

I raised a grievance twice:

1) 19/11 Open letter/reply to senior manager's letter and actions during work interviews for senior carer's position. This open letter actually was not meant as a grievance in the first place, but they treated it as such and invited me to a hearing on 06/12.

In this grievance I gave all the reasons why I felt discriminated, treated less favorably:

a) being paid less for "like work",

b) not paid salary for introduction training,

c) not given work till 19/07 (was employed on 07/07) and not being paid salary till 24/08

d) also mentioned the pay and rest time issue

e) elements of bullying and unfair treatment on behalf of a senior manager in the process of me applying for a senior carer's position

d) I also sort of whistle blew about an unprofessional performance on behalf of relief carers

Looking at it now I think this is a victimization as a answer to my 19/11 grievance.


2) 29/11 I raised a grievance about unreasonable suspension and the fact that what I did and said does not qualify as a gross misconduct by no means according to their policies and procedures published in my contract and in the company's disciplinary policy.

3) 06/12 was given a warning of possible summary dismissal on 13/12 disciplinary hearing.

Unreasonable suspension and threatening with summary dismissal was a "final straw".

I'm pretty sure they will dismiss me and then I can't bring the unfair constructive dismissal case. I need an advice on this.

The disciplinary hearing is tomorrow at 3 pm and I have no desire to see them what so ever.


All the thoughts and suggestions are really appreciated.


Thank you


Share this post

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...