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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I'm 47yrs old. i am a fulltime self

Resolved Question:

hello, my name is jackie & i'm 47yrs old. i am a fulltime self employed carer for a 89yr old man(he pays my wages)who is now bedridden,heart complaint+has a catheter+a stoma. i also care for his 87yr old wife who suffers dementia. i have worked here just on 3yrs. they have 3sons, 1 who we class as the 'boss'(he sorts out all his parents finances, shopping,wages,careplans etc.) 1 who lives in wales but stays here thru the week cos of his job+goes home weekends,and the 3rd son is the only one that has gave me any support. the son who stays here thru the week does not pay any rent to his parents or help towards any bills or shopping. ray(the elderly gent)was fretting+worried sick that his savings would run out+he won't have enough money to pay for their care+he then told me about keith (son)doesn't pay his way whatsoever. i felt sorry for ray so i reduced my pay 3times altogether from £9an hr to £8 and from £50a sleepover to £40. that was just on 2yrs ago. i asked if i could go back to my original rate 2mths ago,but was refused. the past 6-7mths,keith has slagged me off to carers that come in 4xdaily,or anyone who will listen. he tells them he pays my wages, its his house(its not,his parents own it) i sit all day doing nothing,he wants me out cos i'm shite,he works 60hrs a week lookin after his parents(he doesn't)he has to do everything(he does nothing)i log in the diary that i've given medication-but dont give it(i give all meds)i leave his mum in urine soaked pads+stinking(i've NEVER done that)he speaks negatively about me to other members of staff+constantly undermining my work, knowledge+experience(20yrs)he patronises everything that i do+he is a champion born liar!! there is numerous times i have had to stay for days on end 24/7cos he just goes home to wales not telling anyone hes on holiday etc. there is a hell of alot more. in 2014 i only had 9days off - 5of them were due to sickness. also, hes had an incident report filed against him by 1of the carers that come here for verbally abusing his father, social services were brought in safeguarding issues etc. the son we call the boss knows about all of this but won't do anything about it+other close family,relatives,medical proffessionals, all praise my work+my commitment to my job. i cant do this no more,sick of the lies hes saying about me,putting me down in front of others etc, so i have give my notice. i leave my job on 21st july. i have not yet found another job. hes shattered my confidence+self esteem,+after the way i have been treated, i don't feel i could do care work ever again. with me being self employed, do i have any rights as regards ***** ***** dismissal? or slander? thankyou, jackie x
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you ever formally raised any of these issues with them?
Customer: replied 2 years ago.

yes. the other 2sons were going mad+the son who is 'the boss' said there was going to be a family meeting - which never happened. now, the boss seems to be siding with keith (even tho he told me himself keith is a terrible liar and trouble causer) the other son is the only one who has shown me any support. he no longer speaks to his2brothers and he says he is absolutely disgusted the way i have been treated. he will only come to visit his parents of a weekend cos he wants nothing to do with his two brothers.

Customer: replied 2 years ago.
Relist: Other.
taking too long
Expert:  Jenny replied 2 years ago.
Hello would you still like help with this?
Customer: replied 2 years ago.

yes please

Expert:  Jenny replied 2 years ago.
Ok did you explicitly say that you felt you could not continue working when you complained to the family?
Customer: replied 2 years ago.

yes. i gave my notice in february this year when he first started bad mouthing me. the elderly couple begged me to stay and just to ignore him so i withdrew my notice. now, its just gone from bad to worse and i mentally and physically can't cope no more. i cant cope with the sarcastic comments and the only time he writes in the diary in work, is when he's stirring up trouble for me again or patronising my work. i also feel that 'the boss' has well and truly stabbed me in the back. even the boss asked me to stay in february cos he said that there would be a family meeting - but like i said before, it never happened

Expert:  Jenny replied 2 years ago.
Ok do you work for any other clients or is this your only client?
Customer: replied 2 years ago.

yes, i am a part-time support worker for my disabled uncle. this job is not self employed, i work for social services/council.

Expert:  Jenny replied 2 years ago.
Can I just clarify whether you are saying that the job you are talking about now is self employed? Is this for tax and NI purposes?
Customer: replied 2 years ago.

yes, the job i am talking about is self employed. the boss sorted it all out for me, but yes, i think its for tax and ni purposes

Expert:  Jenny replied 2 years ago.
ok thanks, ***** ***** to bring a claim of constructive dismissal and to have employment rights you need to be an employee. Quite often employers try to avoid employment rights by stating that someone is self employment when in fact they are employees for employment law purposes. I think that despite being called self employed it is likely that you would be considered to be employed for employment law purposes as it is clear there is a degree of control from the point of view of the employer over what you do.
In order to claim constructive dismissal you have to show that the treatment of you is so bad that you have no alternative but to leave and you have to show that you have attempted to discuss matters with the employer before you resign.
As you have already raised this then you can, if you genuinely cannot work there any longer, resign and claim in the employment tribuanl.
You will first have to engage ACAS pre-claim conciliation.
It is always a risk to leave a job to bring a claim as there is a possbility that an employment tribunal might not find in your favour so it really should be a last resort.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.

i'm really sorry, but what is ACAS pre-claim conciliation mean?

Expert:  Jenny replied 2 years ago.
It is a stage that you now have to go through before bringing a claim. A Tribunal cannot accept a claim until you go to ACAS first.
Details of the process can be found at
www.acas.org.uk/earlyconcilation
Effectively they take details of the situation and contact the employer to see if it can be resolved without going to Tribunal. If it cannot then you are given a number to put on the claim form to prove you have gone through the process.
Customer: replied 2 years ago.

finally, were do i stand as regards ***** *****? when he's badmouthed me to others (because they come back and told me and the boss what he said/called me)

Expert:  Jenny replied 2 years ago.
Are you likely to lose out financially because of the things he has said?
Customer: replied 2 years ago.

there are 3 different agencies careworkers who come into the house at different times, who he has bad mouthed me to. he was even involved in one of the care agencies accusing me of bullying and theft and when i spoke to the manager of this agency, he stated that no more will come of this as the allergations were false. so that is 3 company's were i could not apply for work (people gossip) thats why i said earlier on that i dont think i can go to another care job.

Expert:  Jenny replied 2 years ago.
It is a hard claim to prove but potentially you could claim negligent mistatement, as slander does not really apply in the employment context. You would need to show that the statements genuinely prevent you from getting further work so would need to apply for other posts to demonstrate that this is the impact.
I would suggest you instruct a solcicitor to help with this.
If you have household insurance it may contain free legal expenses insurance which is probably worth looking at.
I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.
Thank you and all the best.
Customer: replied 2 years ago.

thankyou from the bottom of my heart for all your help - your an angel!!

Expert:  Jenny replied 2 years ago.
No problem and all the best with this.
I would be grateful if you would remember to rate my answer as I am not otherwise credited for the time I have spent answering your question.
I will be happy to answer any further questions you may have in the future. Please ask for me by name!
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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