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dismissed on false gross mis-conduct allegations

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Comments

  • podrek
    podrek Posts: 7 Forumite
    Their has been multiple management dealing with this its just that I do not think they appreciate any complaints no matter how severe they are. some of the things my partner was witness to was co-manager leaving a vulnerable adult dying of cancer whilst still on duty, and also tried to make my partner commit fraud on her behalf as regards her timesheet. complainants just get victimised and forced to resign. My partner would have preferred to have handed in her notice along with a good reference, but this option was taken away, so I have had to fight her corner. The solicitors fee was £250+£50 vat to go through all the paperwork, letters, diary etc and draft an out of court settlement. My partner despite her stress and anxiety feels comfortable with her solicitor, and for her a chance of freeing her from this nightmare scenario.
    If it goes to tribunal we have recently come into contact with previous employees who have left because of bullying and victimisation within this organisation so we have witness statements as well, so I hope all this will help.
    The residents stay in their rooms when co-manager is on shift and all relieved when my partner comes back on shift...this says a lot!
  • sangie595
    sangie595 Posts: 6,092 Forumite
    podrek wrote: »
    Their has been multiple management dealing with this its just that I do not think they appreciate any complaints no matter how severe they are. some of the things my partner was witness to was co-manager leaving a vulnerable adult dying of cancer whilst still on duty, and also tried to make my partner commit fraud on her behalf as regards her timesheet. complainants just get victimised and forced to resign. My partner would have preferred to have handed in her notice along with a good reference, but this option was taken away, so I have had to fight her corner. The solicitors fee was £250+£50 vat to go through all the paperwork, letters, diary etc and draft an out of court settlement. My partner despite her stress and anxiety feels comfortable with her solicitor, and for her a chance of freeing her from this nightmare scenario.
    If it goes to tribunal we have recently come into contact with previous employees who have left because of bullying and victimisation within this organisation so we have witness statements as well, so I hope all this will help.
    The residents stay in their rooms when co-manager is on shift and all relieved when my partner comes back on shift...this says a lot!


    Sorry. Former employees statements are not worth the paper they are written on. Any tribunal has to take into account the fact that they may have left there under a cloud. And witness statements are only worth the paper if the person turns up in court to attest to them - otherwise they are worthless. And experience tells me that most people won't turn up in court...


    I am not trying to put you off, but please do read ALL the small print. I have seen too many people ripped off by the solicitor they trusted. £300 is a lot of money actually, for a letter that will take all of five minutes to dredge up from the templates. Don't assume the solicitor will read anything or even write anything. That will all be done by someone very junior, and what you are paying for is a signature.


    It may work - but please be careful of what you agree to if it doesn't.
  • podrek
    podrek Posts: 7 Forumite
    the solicitor dealing with this is very experienced in employment law...i did my homework on this. its a lot of money for us right now, but at least its given my partner a little bit of breathing space and hope!
  • Undervalued
    Undervalued Posts: 9,780 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    podrek wrote: »
    the solicitor dealing with this is very experienced in employment law...i did my homework on this. its a lot of money for us right now, but at least its given my partner a little bit of breathing space and hope!

    Maybe so but Sangie595 makes some valid points.

    Once you go down the route of hiring a solicitor by the hour for something like this it very seldom stops quickly.

    The employer will almost certainly respond with, at the very least, some query. You will then be paying your solicitor to reply etc etc.

    You will be very lucky indeed to get any "result" for £300. £1500 to £3000 is more realistic. Now it maybe that still represents a worthwhile solution for her and that is something only you two can decide.

    Be careful.
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Jobs in the care industry are 10-a-penny so your wife should not find any problems getting a new role, even at management level.

    Meanwhile, she should sign on (or as she is being treated for stress, claim ESA) at least then she will have some kind of income (and with ESA, you, as 2nd claimant, can work 24 hours a week).


    It may well be over a year before this issue even starts to become close to being resolved, so you need to make sure that you can get another load of work to support your wife in her quest for justice.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • hcb42
    hcb42 Posts: 5,962 Forumite
    I didn't want to read and run, as my partner is going through a horrible situation at work right now, and not being treated fairly, and it is extremely stressful for us both. I hope you get sorted soon and the anxiety will subside.
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