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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73529
Experience:  Qualified Solicitor
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The owners of a care home are punishing the manager for a

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The owners of a care home are punishing the manager for a carers bad mistake can they do that ?
JA: Where are they? It matters because laws vary by location.
Customer: Owners of a care home are punishing the manager for a carers bad mistake she wasn't there when it happened can they do that
JA: What steps has the manager taken so far?
Customer: She hasn't had chance cos the owners stepped in straightaway and made her step down but the carer still has his job
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They have brought a deputy manager from their other home to take over

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long has the manager worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 16 days ago.
Over 20 year

Thank you. What has happened to her – has she been dismissed, or moved?

Customer: replied 16 days ago.
They are making her go back on care and have got a deputy from the other home they own

Was she in any way reposnsible about what happened, could she have done anything or prevented it?

Customer: replied 16 days ago.
She wasn't there when it happened two night carers were on duty and caused it to happen
Customer: replied 16 days ago.
It's like they are trying to out her and it's wrong. The carers at fault still have their jobs

Thank you very much for clarifying. A lot will depend on whether the manager was in any way responsible, whether directly or indirectly. She may not have been there when the incident happened, but was she in any way responsible for it, such as because the appropriate training was not given, she knew about issues with the carers that caused this and did not deal with them, etc.

These are just examples but you have to consider what links she may have had t the actual incident to bear some responsibility for it, even partial. If there are no such links then he can challenge the decision and raise a formal grievance about it.

In terms of her legal options, unless she is dismissed, her only option is to resign and then claim for constructive dismissal in the Employment Tribunal.

It is also worth mentioning that there is a possible alternative solution to this, which could avoid the need for legal action. That is where the employer is approached on a 'without prejudice' basis (i.e. off the record and with protection against these discussions being brought up in future legal proceedings) to try and discuss the possibility of leaving under a settlement agreement. This can be done by asking for a meeting, or it can be done in writing, via letter or email. Under a settlement agreement the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to the Employment Tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. There is nothing to lose by approaching this subject with the employer and testing the waters on this possibility - the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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