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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75097
Experience:  Qualified Solicitor
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I work for a care company, doing domicilarry and I didn’

Customer Question

Hello! I work for a care company, doing domicilarry and I didn’ Dictionary One second
JA: Where are you? It matters because laws vary by location.
Customer: domiciliary care I’m in uk I didn’t turn up for work on Friday, as I texted them on Thursday saying I have sickness and diarrhoea, I thought that if you have that working with vulnerable adults you should be expected to have 48 hours off so I didn’t think I needed to call in the next day And there threatening to report me to Cqc, and that I won’t be able to work in care anymore I need advice on what to do, because there making me really anxious, I’m working for an agency so surly I shouldn’t be held accountable for negligence, as I was ill I was asleep, they tried to get hold of me for two hours, but I was ill
JA: What steps have you taken so far?
Customer: I’ve apologised and begged them not to report me Care is my life I loce Love doing it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 days ago.

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.

Expert:  Ben Jones replied 11 days ago.

What do you specifically want to know about this? 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 as soon as I can. Thanks

Customer: replied 11 days ago.
I just want to know what to do if I am reported to cqc and what to say to defend myself. They are saying that it’s my fault that clients are left un cared for, when it is there company , surly they should have somthing in place just in case they are put in this position, and if I didn’t pick up the phone they should have covered it, seeming as it is there contract? Especially if I justified I had sickness and diarrhoea the day before, I shouldn’t have been expected to work
Customer: replied 11 days ago.
I just presumed it would have been covered, I haven’t got a contract with this company to my knowledge , and I have a 0 hour contract
Customer: replied 11 days ago.
Not a contract
Customer: replied 11 days ago.
But I don’t have any hour obligations
Customer: replied 11 days ago.
I’m 22 years old, and I’m just really anxious as it was a mistake, And I thought if I told them I was sick with a sickness bug i should stay off 48 hours , so I presumed they would have covered it
Expert:  Ben Jones replied 11 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

There is nothing stopping them from reporting you to the CQC but that does not mean that anything will come out of it and that they will take any action against you. Looking at what happened I do not see how you would e considered to have done anything bad enough to justify CQC taking any action against you. I would understand if you were in work and had been negligent in your duties, done something which exposed the service users to harm etc but all that happened is that you did not turn up to work. That is not a safeguarding concern, people do not turn up to work for all sorts of reasons, quite frequently, but it does not mean they should be reported. I think this is a case of the employer being unhappy about it and going too far to try and deal with it, when in fact this is an internal matter only and something that should be resolved between you and them.

Customer: replied 11 days ago.
Thankyou so much for giving me piece of mind I think they are just trying to make me anxious
Customer: replied 11 days ago.
Have a lovely day
Expert:  Ben Jones replied 11 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

Customer: replied 11 days ago.
Sorry to
Message again
Customer: replied 11 days ago.
But What
Do you think I can say
To stop them from reporting me
Expert:  Ben Jones replied 10 days ago.

No problem. In all honesty, nothing you say will guarantee they do not report you further – if they have made up their mind, they will do it regardless. You can always clarify again that this is not a safeguarding issue or something that the CQC would be interested in and it is a waste of time. The problem is that they will not be penalised even if they make an incorrect report so for them the risks of reporting you are very low

Customer: replied 9 days ago.
Hello! I need some more advice please
Customer: replied 9 days ago.
I’ve just spoken to my employers, and they have gave my an ultimatum and it sounds a lot like black mail, they have called me , and said I have to options , 1. I can work for them for the next three months and work more to prove it was a accident and they put me on a disciplinary that will go on my permanent record or they said that if I leave they will just report me;
Expert:  Ben Jones replied 9 days ago.

Hi, what do you want to know about this please?

Customer: replied 9 days ago.
If what they are saying Is actually blackmail and what steps I should take
Expert:  Ben Jones replied 9 days ago.

It’s not blackmail from a legal point of view because they can report you anyway, but they cannot force you to work there any further. Remember that being reported does not mean anything will happen as a result so you can always take the risk of being reported, with the knowledge that this is unlikely to lead to any official penalty from the CQC