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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a care manager managing a residential dementia care home. prior to my employm

Resolved Question:

Hi,
I am a care manager managing a residential dementia care home. prior to my employment to this current employer I had a flying career and good reputation as a manager. I became employed to this small organisation without good structure with no support at all. Not even an induction was provided so it became like a sink or swim kind of thing.
The care Inspectorate that was inspecting the home didn't like me at all and only focus on bad things rather that looking at the improvements I have introduce. She had written a bad a personal inspection report that potentially ruin my career. My line manager agreed that the report was unfair and I was assured by them that they will not let this happen but unfortunately not. they did not care at all. Now, I am face with troubled career and has been a victim of unfair treatment from my work.
2 weeks ago I decided to hand in my 4 weeks notice due to stress at work and due to advice from my line manager that acknowledge that If I do not resign
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.

what is happening now? where is the answer?

Customer: replied 1 year ago.

what is happening? after I made payments n answer at all just took my £24???/

Expert:  Ben Jones replied 1 year ago.
Hello please see my correspondence above - I have not been able to answer you because I am still waiting for you to get back to me with details of what your specific query about this situation is. In your initial question I can see you have described your situation but there is no question as to what you actually wish to know about it. Thanks
Customer: replied 1 year ago.
Is it worthwhile to file a complaint to the care inspectorate? I wasted to feel I need to resign fr my job. Do o have a case against my line managers. Or to the organization?
Expert:  Ben Jones replied 1 year ago.
Thank you and how long have you worked there for?
Customer: replied 1 year ago.
Nearly a year on sept 26
Expert:  Ben Jones replied 1 year ago.
Due to your length of service your rights are unfortunately rather restricted. If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice. So you cannot make a claim against the line managers or the employer. It does not stop you from complaining internally, such as by raising a grievance, however if you feel forced to resign or are dismissed you cannot take the matter any further legally. Also there is no harm in raising a complaint against the inspectorate but again this would be an internal matter and not a formal legal claim. So it would be in their hands rather than with an independent party. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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