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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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I have worked in a carehome and have been there for 6 months

Customer Question

I have worked in a carehome and have been there for 6 months without a holiday.i work nightshift.On the night of 20th march the fire alarm went of at 8.30 pm there's was one carer upstairs on the dementia unit and one of the clients had smashed the glass and set the fire alarm off. There are nearly 25 clients on dementia unit.Me and my colleague were on residential floor where the senior was giving out medication and showing the new lass the and my work colleague were worried about the fire alarm ,but was told it was not a emergency we were trying to silence the alarm which we did ,but it left the home in a with doors open as we could not stop the fire alarm.The senior carer said she phoned the boss and that the boss said to phone the deputy manager,the senior could not get threw to her and just carried on handing medication out,I was getting very stressed and the clients were worried so I calmed them down and a lady had just walked in the carehome as she was visiting her dying mother in the dementia unit.I said anyone could walk in the carehome so I guarded the door,time was getting on and 2 client were up to the eyeballs in faeces.I them searched for the bosses number and phoned her and I got very upset on the phone.The. Deputy then came to the home shouting that we should of attended a fire safety session ,and went up to replace the glass but she could not fix it and phoned some one out to come and fix it,the man came at midnight.I have had no false fire alarms training since ive been there.the deputy manager could not do it so how could we have done it.The deputy manager also said I was ubrupt when talking to the boss on the phone and I snapped and said it's ridicules and I want a good reference because I am not staying.I had a letter posted saying I need to attend a meeting and I said I could not go because it's my weeks holiday.So on the morning after my nightshift I went into the office to be confronted by the manager and deputy manager and I felt bullied as they said I should not be in this job and that I should not go into care again and saying when are you leaving and all I did was agree with them,I went home and then phoned the boss and said I want to leave and then she said I want it in writing but now I have calmed down I do not want to leave as I am a good carer ,do I have a case and how should I go about the situation please
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Just to clarify, you have worked the for 6 months?

JACUSTOMER-pi8mbfle- : Yes
JACUSTOMER-pi8mbfle- : Are you there
JACUSTOMER-pi8mbfle- : Can I also add that the deputy manager said her phone was on silence ,that's why the senior could not get through to her.
Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

JACUSTOMER-pi8mbfle- : Thanks
Ben Jones :

Many thanks for your patience. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately 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.).


I this case they are asking you to leave but you do not wish to do so. Of course you have the right to say so and ask to remain in your job. However, if the employer is not happy with your decision and wants to remove you from their employment, they can dismiss you legally just by issuing you with notice and you cannot challenge the dismissal itself. Similarly, they could make life at work difficult for you, so that you are forced to leave as a result and again you can’t challenge that. There is of course no guarantee it would come to that but it is a possibility and you need to know your legal position if it happens.


For now it may be best to try to speak with the employer about what happened, you may even wish to consider apologising for any issue you may have caused (even if that was not the case, this may be all the employer wants and could save your job) and ask them for a second chance. However, if they are fully intending on removing you, then they could do so legally.

JACUSTOMER-pi8mbfle- : If they dismiss me can I claim job seekers allowance as I am a single parent
Ben Jones :

Your entitlement to JSA will depend on many other factors so you need to check your eligibility through here:

JACUSTOMER-pi8mbfle- : I have not done a written notice ,just a verbal notice ,does that make any difference
Ben Jones :

Notice of ehat?

Ben Jones :


JACUSTOMER-pi8mbfle- : To terminate my employment
Ben Jones :

It would not change your rights in terms of protection against dismissal if they wanted to go down that route

JACUSTOMER-pi8mbfle- : So if I phone up tomorrow morning and apologise and ask if they can retract my verbal notice,they could instead dismiss me? Because they asked me to do it in writing but I am not as I want my job
Ben Jones :

yes they can, if they really wanted to. But if you try and speak to them and to resolve this, they could give you a second chance. It is really in the hands of the employer

JACUSTOMER-pi8mbfle- : They made a point that I have made complaints against other employees .The reason I made complaints about them is because they were doing there jobs wronge and I reported them to cqc which is all on record.I think they want rid of me.
JACUSTOMER-pi8mbfle- : Were not'
Ben Jones :

you could try and argue that you were whistleblowing (making a protected disclosure) - there does exist some protection for dismissals for making such disclosures but it is complex and you have to show you meet a number of requirements before you can rely on such protection. It also depends on whether the employer can justify the dismissal was for something else

JACUSTOMER-pi8mbfle- : Just going to phone them in the morning as this has made me feel ill.thank you
Ben Jones :

this is not the end just yet, As mentioned you can try and negotiate with them to try and save the job, even if it means being apologetic and remorseful about the incident, hoping they give you a second chance

JACUSTOMER-pi8mbfle- : Dreading it as it can put me and my daughter with no money if they don't accept my apology
Ben Jones :

Yes I understand that, it is an unfortunate situation but it is just your service length that affects your rights here, as mentioned they could have dismissed you at any point within your first 2 years. You are likely to be entitled to benefits though, so just check the link I gave to see hat you ma be able to get in the event you are dismissed

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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