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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
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I work in the care sector and myself and two of my

Resolved Question:

I work in the care sector and myself and two of my colleagues raised concerns with our service manager about safeguarding of a resident and management neglect to ensure that the residents care needs were met . There have been many serious concerns raised . We told the service manager that we wanted to be protected under the whistle blowing disclosure act . To cut a long story short the service manager was suddenly moved from our area and a new service manager was put in post and we were informed our concerns would be investigated . They never have been . My colleague was later suspended over a complaint and it is clear that this complaint has been engineered and instigated by the manager . Because I took her home on the day that she was suspended ( as she was very distressed ) I had to go to two investigation meetings . They told me that I had been told that I was not aloud to meet with her . This is not correct as I was told as long as we did not talk about work then it was okay . We did not talk about work and I only took her home . After the investigation meeting I was called to a meeting for a catch up and offered a settlement agreement of three thousand pound . Because I had not done anything wrong and I have never been put through a disciplinary and feel strongly that this has happened because we had raised concerns , I declined the offer and after this I was dismissed . What has transpired through all of this is that myself and my colleague were followed on the day that she was suspended . They used text and photo evidence of my colleague getting into my car as evidence . We were not on company property when she got into my car , we were outside a supermarket . The other thing is that I was recorded at the investigation meeting and no one asked my permission to do this . I believe this is intrusive behaviour and want to know if I would have a case ?What does this behaviour come under as I have been told it is not covered by employment law ?
I would be grateful for your advice
Thank -you
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.

Please can you tell me how long you worked there for? Please can you also tell me when exactly you were dismissed?

Customer: replied 1 year ago.
I have worked there for three and a half years and I was ten days ago . I had an appeal last Thursday but was not sure what I was appealing against other than they said the trust had gone . I presume this is because I took my colleague home but I do not believe this is the reason . I believe it is because I raised concerns and I do have evidence to support my concerns and shows the concerns are genuine .
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. You are still potentially able to pursue this under employment laws by arguing this was an unfair dismissal, both for the reasons behind the decision and also procedurally. As you have more than 2 years’ service you are protected against unfair dismissal so to legally and fairly dismiss you the employer must show that there was a fair reason for doing so and also follow a fair procedure. So you could challenge the reasons they used to dismiss and also the procedure leading up to the dismissal, such as you being followed and any other concerns you have.

In terms of separate action, that would be quite difficult. Legally there is nothing stopping someone from following someone else and this only becomes an issue if it is done regularly or if the person has expressed a wish not to be followed. In these cases it may become harassment but generally it is legal – after all you have personal investigators following individuals and even one person may follow another without them knowing – it is not illegal.

Recording you is also not directly illegal but it can amount to a breach of trust and confidence on the employer’s part and also if they kept a recording of this it can also be a data protection breach. You cannot take it further unless you have suffered losses as a result, but in this case you have not, the dismissal is a separate matter so there is no possibility of a claim for these things. Therefore, an unfair dismissal claim and a claim for detrimental treatment/dismissal due to making a protected disclosure is still your best bet.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this 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.

If you have not yet appealed you may do so directly with the employer. If the appeal is rejected the only option you have is to make an unfair dismissal claim in the employment tribunal within 3 months of the dismissal.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.