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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am in a bit of a situation at my work place I work in a

Resolved Question:

Hello
I am in a bit of a situation at my work place
I work in a care home
I would like to know if I can get a legal advice
Kind regards
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please can you tell me about the situation you are in so that I can advise. Thank you

Customer: replied 10 months ago.
I have reported a senior for unfair treatment and the care home manager was trying to turn everutting against me
I was asking for a private confidential converstation instead the deputy manager took part on that discussion writing down only what the manager has said
When I ask why she stopped writing when I had my say
She answer that she is will write it later on on her free time as she remembersaid everethink I said
When I asked for copy of the record the manager said I can't have it
Expert:  Ben Jones replied 10 months ago.

Thank you for your response. Please can you also tell me how long you have worked there for and whether the meeting was an investigatory meeting in relation to the complaint you have made? Thank you. I will then review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 10 months ago.

Sorry forgot to ask how long have you worked there for?

Customer: replied 10 months ago.
My complaint about the senior was that I feel I was bullied and treated unfairly not being able to deliver a professional attitude when asking me to complete tasks
He later that day decided to give me a recorded discussion for sitting too comfortably with my feet on sofa and he asked me to follow him in the office where he asked me to complete a former I missed filling earlier that week
Later he came over in the other house I was working and he asked me to follow him. In the office.
I then realised he had already the report of what was meant to be a recorded discusion which he did not told me about
I have asked to read it as he came in the office with the document filled in already
I then told him this is not fair as there are bigger issue that are happening on the floor and he is failing in dealing with themy. R hater he encourage that by allowing certain staff to get away with big mistakes such as missing residents medication and staff spending too much time in the office sharing laughs while residents are left unsupervised.
I refused to sign the document and the he told me I will have to deal with the manager next day
And I said I will have something to tell her about him too
And he replied very relaxed "Do it"
I said to him if you think you are Superman for telling me Do it
Then he decided to send me.home for telling him that
When I was leaving the premises another member of staff which spend most of his working shift in the office with the senior,he was listening to the conversation which was meant to be confidential
Next day I was exepeciting for the manager to call me and discus what hapend
This did not happen till 3 50 pmy when I went and ask the manager to allow me to have a discussion with her
When I went in the office the manager was with the deputy manager
I have asked for a private confidential conversation but was refused by the manager
As the manager start speaking the deputy start taking notes
When I start expressing my view the deputy manager stopped writing
When I asked why she stopped writing she said she will write it later on as she will remember everything
I thought this is odd and I asked for a.copy of the document
This was as well refused
Expert:  Ben Jones replied 10 months ago.

how long have you worked there for?

Customer: replied 10 months ago.
Since April 2015
Expert:  Ben Jones replied 10 months ago.

Thanks for your patience. it would appear that you may be the victim of bullying and/or general unfair treatment. Whilst workers do have rights in relation to this, many of these rights can be limited due to the worker’s length of service. This will be a problem here unfortunately.

In cases of bullying or unfair treatment the only legal remedy you would have is under protection against unfair dismissal or constructive dismissal. So it is where the employer either dismisses you because of this or you are forced to resign as a result.

The issue for you is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So whilst you are able to pursue this internally via a formal grievance, if that does not help and the issues continue, then your only other option would have been to resign and claim constructive dismissal, which unfortunately you cannot do due to not having the required length of service. Of course if there were discriminatory grounds for this treatment that could change things but some evidence of that would be required.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have to challenge this in the event there was discrimination, 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

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