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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47363
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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For the attention of Ben Dororthy Blunsom 11 Road N10 1JE

Customer Question

For the attention of Ben JamesDororthy Blunsom*****N10 1JE
7/08/16Dear Dororthy
Care Provision for Mrs EdwardsFollowing my recent meeting with you concerning Mrs Edwards, I am confirming our discussions in writing. I explained to you that it has been brought to our attention by Haringey social services and Mrs Edwards herself that you are currently unable to provide the appropriate levels of care required by Mrs Edwards.
In our meeting I raised specific concerns raised by Mrs Edwards, such as your inability to wash her feet, the fact that you are on occasions unable to recall all the tasks that she has asked you to do.
Further, a letter received from social services detailed other concerns raised by Mrs Edwards with specific advise from Social services to change Mrs Edwards carer.
We have therefore come to a point where we have to adhere to the request given by social services and also follow Mrs Edwards request.
Please note that taking this action does not mean that your employment with the company has ceased. We will look for alternate employment for you in line with your current hours. We will contact you shortly as soon we find another client for you to work with.Regards
Gifty AmpofoCare Manager
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
For the attention of Ben Jones. Re my previous query this is the letter I intend to send to the carer is this ok?
Expert:  Ben Jones replied 11 months ago.

Hi there, please find letter with amendments attached

Dear Dororthy

Care Provision for Mrs Edwards

Following my recent meeting with you concerning Mrs Edwards, I am confirming our discussions in writing.

I explained to you that it has been brought to our attention by Haringey Social Services and Mrs Edwards herself that you are currently unable to provide the appropriate levels of care required by Mrs Edwards.

In our meeting I raised specific concerns raised by Mrs Edwards, such as your inability to wash her feet and the fact that you are on occasions unable to recall all the tasks that she has asked you to do. In addition, we received a letter from Social Services detailing other concerns raised by Mrs Edwards with specific advice requiring a change to Mrs Edwards’ carer.

Our priority is the safety and welfare of the patients we provide care for and together with the specific request made by Social Services and Mrs Edwards herself, I am left in a position where I have no other option but to remove you from the position of carer for this client.

Please note that taking this action does not mean that your employment with the company has been terminated. We will look for alternate employment for you in line with your current hours. We will contact you shortly as soon we find another client for you to work with.

Regards

Gifty Ampofo

Expert:  Ben Jones replied 11 months ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 11 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
hi Many thanks for this. I cannot see any attachment. Regards. Happy to do the review
Expert:  Ben Jones replied 11 months ago.

Hi there was no attachment, I just pasted the letter above, are you able to see it?

Customer: replied 10 months ago.
Hi Ben I have a couple more questions.
1. Same thread as above. In addition to the carers that we got transferred to us from another company as part of the TUPE arrangements, we also had the clients whom these carers were looking after transferred over to us. The carers were being paid a certain fee by the previous company which is higher than what we pay our staff. We are having to honour this rate and as such paying the carers at this higher rate. Now the challenge is this. The clients who came over with the carers included clients being paid for by the council (ie the council pays us a certain rate to look after the clients in this case £12.95 an hour) and other clients are privately funded. Some of the privately funded are actually given the money by the council directly and they in turn pay us (so the term privately funded is not entirely private in the true sense). Now these privately funded clients were being charged by the previous company at the rate of £14.95 as opposed to the £12.95 which we will charge our own privately funded clients. We are now about to create invoices for the newly transferred TUPE clients. Should we be charging them the amount that the previous company was charging them or should we charge them the fees that we charge our own current private clients. Considering that this is TUPE and everything remains the same we are inclined to charge them what they were paying before. I just want to make sure we are not doing anything illegal.
2. To date the company with whom we 'blindly' took over the clients and carers from have provided us very little information. We were literally pushed by the council to take these packages on under TUPE arrangements yet the council is not forthcoming in supporting us in any way. For example to date we do not have the Employer Liability information from the donating company. We don't have any information pertaining to what sort of milage the staff were being paid and the full details of outstanding annual leave etc. Infact we have not signed any documentation at all pertaining to a TUPE agreement. Please where do we stand if we want to ask the council to take the clients back as we are really struggling to cope with this transfer. Also some of the staff are threatening to send us to ET even before they receive their first pay, and we have an ET documentation that we have to fill to answer initial questions. Any advise will be very much appreciated. Regards
Daniel
Expert:  Ben Jones replied 10 months ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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