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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44913
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a carer working care home company, i have a

Customer Question

hi. i am a carer working for a care home company, i have a question. few months ago on my call with second carer my client grabbed my breast. i didnt react at first but this happend again and again. second carer which was with me try to take photo as proof that this is happening. on this call he grabbed me 3 times full fit on breast. client noticed what she was trying to do and took his hand immeditly. spoke to his wife and asked her can he talked to her husband and about grabbing me. she called my office. superviser come to talk to her. then office called me to go and apologize his wife. i refused to go back there i feel really uncomfortable. they took me off this call and told me that they will investigate this case. they called my second carer she confirm what happend. they put it me back on it because a lot of carers refused go to there. i spoke with carers his was grabbing them to and making comments too.can they make me to cover calls witch i refused to do. ive got 0 contract hours its nothing in my contract about situation like this. office is covering the issue with mental capacity but where are my rights? in 3 years of my work this is first client which i refused to go to. what i can do?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you worked for this company for 3 years?
Customer: replied 8 months ago.
yes
Customer: replied 8 months ago.
what i my rights?
Customer: replied 8 months ago.
do i must go back to that client? can i say no to my office?
thanks. aneta
Expert:  Ben Jones replied 8 months ago.
Are they refusing to send you to other places?
Customer: replied 8 months ago.
no i didnt
Customer: replied 8 months ago.
no they dint
Expert:  Ben Jones replied 8 months ago.
A good starting point is to look at The Health and Safety at Work Act 1974 and related statutory instruments, which impose a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. This includes a duty to undertake risk assessments and manage activities to reduce the incidence at work which may affect your health and safety. In addition, under common law an employer owes a duty of care towards its employees, the breach of which can amount to negligence. In your case you can argue that the employer is not providing you with a safe place of work because you are exposed to sexual harassment acts by someone there and this is not what you should expect when you go into work. So the employer has to take steps to deal with this, for example send male carers to this client. If no steps are taken to reduce these risks you can refuse to go there by arguing it is not a safe place for you to work in. If the employer penalises you or dismisses you as a result then you can challenge it. This is your basic legal position. I have more detailed advice for you in terms of the ways you can challenge this, 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
Expert:  Ben Jones replied 8 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 8 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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