How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I have left my company, in the middle of a safeguarding, I

Resolved Question:

I have left my company, in the middle of a safeguarding, I fear that they will try and pin as much on me as they can to alleviate their wrong doings, do you think I should get a lawyer, I am also thinking of suing for not supporting me correctly with my condition essentially resulting in me having to leave
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

Customer: 9 years
Customer: For Ben jones
Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues last night. Has this matter been passed to the relevant regulatory bodies by the employer? Can you please provide some more details of the condition you refer to


Customer: It has been passed to cqc, and the local safeguarding teams, as this situation resulted in a death and I warned them it would happen, I was in the clear, but they have now said the service I managed was under institutional safeguarding, it's a way to put the heat back on me. I know I was behind on some management tasks due to workload, however prior to the persons death I followed all safeguards that were put in place, but one of the staff didn't follow them.
Customer: the condition I have is fibromyalgia and chronic fatigue it was discussed that I could work 4 days a week, and I shouldn't do sleep ins, they were also aware that I high stress would affect my work abilities, I told my line manager in January I was struggling, and again in may but nothing changed, they did say I could work t9-5 but with the service I managed this was often impossible resulting in most weeks being a 6 day working week, at around 45- 50 hours. I decided to leave when nothing was changing, my worry now being as I am not there to provide evidence they could easily make out that I didn't do my job. I did send them loads of evidence before i left. You should know also that I was not the registered manager
Ben Jones :

There are two separate issues here - one is any internal investigation you may be subjected to and the CQC investigation, following your employer's referral.


 


The two will be dealt with separately and whilst the employer can conduct their own investigation now, the more important one would be the CQC one. There is actually no guarantee that the employer will continue with their own investigation and now that you have left their employment they cannot discipline you or take any formal action against you. Therefore, the employer may not actually take the matter any further and even if they do their decision will have little weight as you are no longer their employee and you have not been allowed to formally defend yourself.


 


If the CQC are continuing with this investigation as well then you will get the chance to formally defend yourself with them so what the employer thinks will not necessarily have a direct impact on the outcome of that investigation.


 


As to what you can do now, you have a couple of options - one is to make a constructive dismissal claim against the employer for forcing you to leave. The other is to make a disability discrimination claim for their failure to make reasonable adjustments to help with your condition. There are quite strict time limits for claiming though and these are: constructive dismissal claim must be made within 3 months of your last day of employment; the discrimination claim within 3 months of the date of the discriminatory act complained of.


 


I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you

Ben Jones and other Law Specialists are ready to help you