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: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Need help with the employment law, I am a wheelchair bound

Resolved Question:

hi need help with the employment law, I am a wheelchair bound person with 24 hours care and very high medical needs. I have recently had a nurse looking after me and she has breach her contract by leaving the client and not following her termination notice in her contract.
Therefore leaving extreme staffing difficulties and affecting the health needs of the client.
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.

Expert:  Ben Jones replied 1 year ago.

What would you like to know about this please?

Customer: replied 1 year ago.
HiI would like to know what legally I can do in these circumstances, where the nurse was under contract stating that if they work under 3 months they need to give 1 week notice, in order to make sure the client is well safeguarded and has time in order to recruit other members. In this case the particular person left without notice and has put the client at risk by not even turning up for shifts.
Customer: replied 1 year ago.
Please note I am on a ventilator, so I don't find easy to talk.
Expert:  Ben Jones replied 1 year ago.

No problem, we can continue online. Were any losses suffered as a result of her actions, for example did you have to pay more than you would have paid her in order to get a short notice replacement?

Expert:  Ben Jones replied 1 year ago.

Just to let you know I am leaving the office now and I will reply fully later today when back home, thanks

Customer: replied 1 year ago.
Usually the rota is done on a monthly basis, hence, her not turning up for work or giving sufficient notice means that other staff has to do double shifts and to work a lot more to replace her working rota. We have also had to extend our recruitment process by advertising and paying for that advertising.Also when she left shift she failed to give medication for diabetes and other medical aspects.
Customer: replied 1 year ago.
ok. I look forward to hearing the advice.
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach.

So you cannot just penalise the employee for not working their notice period, meaning that any compensation you wish to get from them must be justifiable as genuine losses incurred as a direct result of their breach. So the fact that others had to do extra shifts is not a loss because you would have had to pay her to do the same time so no extra losses have been incurred there. The only potential losses are the extra advertising you have had to do as a result and you must be able to justify that these are necessary and unavoidable costs which you would not have otherwise incurred as a result of her breach.

In terms of the professional aspect of her actions, such as not administering the necessary medication, that could be professional negligence. For this you would need to report her to the relevant regulatory body, such as the NMC and they can take their own separate action to deal with her if necessary.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to pursue the matter for compensation further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year 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 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.