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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48772
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Carer employed since late 2013 by my elderly mother, is not

Resolved Question:

Carer employed since late 2013 by my elderly mother, is not fulfilling all her duties, is arriving late, placing bets whilst on duty, negleting to prepare food & is occasionally rude to my mother. Can my mum legally dismiss this Carer on those grounds without being sued fir unfair dismissal.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is the carer an employee or self employed?
Customer: replied 1 year ago.
Self employed
Expert:  Ben Jones replied 1 year ago.
Do they have a notice period for termination?
Customer: replied 1 year ago.
There was no formal contract drawn up and when this lady commenced the subject of termination wasn't discussed. However, my mother thinks one weeks notice with pay was what was understood.
My mother would like this lady to finish immediately as she feels the Carer, should she have to work one weeks notice, would 'take it out on her' (mum's words) and if at all possible I would very much like to avoid creating an unpleasant situation for my mum.
Expert:  Ben Jones replied 1 year ago.
If this person is genuinely self employed they would not be protected against unfair dismissal anyway as that only covers employees. What she can do is simply issue her with notice of termination, which would usually be the notice period they had agreed at the outset, either verbally or through a written contract. You mention that she believes it was a week’s notice but in the absence of any evidence to back this up it could be challenged by the carer and she could try and seek more notice. Whether she succeeds or not is another matter but the important thing is that she cannot claim unfair dismissal and all she can claim for is for breach of contract, which is not receiving the notice period due. So n the worst case scenario she could be sued for insufficient notice but as mentioned in the absence of anything in writing it would be her word against your mother’s and there is no guarantee that a court would believe the carer and award more notice than the week she was given. At this stage you can give her a week’s notice, or even more if you want to sweeten the blow a little bit and worst case is she tries to claim for more notice period but whether she would go as far as court for this, especially without any written documentation to prove that she was entitled to more, would be questionable. Also as mentioned she cannot claim unfair dismissal f she is self employed. This is your basic legal position. I have more detailed advice for you in terms of the law on self employed notice period and how one may try and determine how much notice a person is due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thank you that us really helpful.
If I were to contact the Carer today to say mum doesn't want her to return and I am paying one weeks salary into her account in lieu of notice when mum hasn't given her an indication of how she feels prior to today, is this acceptable? There have been recent disagreements between both parties & I believe they are both a little wary of each other now so I suppose you could say there is an uneasy truce and the atmosphere isn't as it should be between them, so I need do something immediately as my mother is really unhappy. Also this Carer is blunt and quite a strident lady, so how can I stop the Carer entering mum's premises after my discussions with her and verbally abusing mum? Mum has, in recent years, suffered three heart attacks and wouldn't be able to cope with a verbal onslaught. Incidentally, my mother lives 200 miles away from me so I can't be there for her to protect her.
Expert:  Ben Jones replied 1 year ago.
Sorry just been called into a meeting I will reply as soon as I am back thank you
Customer: replied 1 year ago.
My rating would be 5 stars
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. What you have proposed is indeed acceptable. You should contact her and state that you have decided to terminate her employment and that her services are no longer required, state that you are issuing her with a week’s notice as per the original agreement and that this will be paid to her in lieu of notice, meaning she would not be required to work through that period. As mentioned there is a risk that she would disagree with the length of notice period but if she decides to take it further it would be for her to prove that there was a longer notice period in place.
Customer: replied 1 year ago.
Thank you so much for all your advice, it is very much appreciated
Best wishes
Elaine
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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