unfair dismissal from care work

mdl9980

My wife has been dismissed from her care work of nearly 5 years. She was a senior care assistant and one of her colligues is saying she abused one of the residents when getting her out of bed. This colligue who is saying this helped her get the resident up but she denies that she helped, and it is her word against my wifes. It wasn't till 3 weeks later that this was reported all because it was a rumer going round and the manager happen to hear it. They totally believed this other colligue over my wife, even though the colligue had not written a statement at the time my wife was suspended. My wife stating its not true and she only ever does her job to her best ability but they would not believe her. This was all based on hearsay and gossip. In the end they both wrote a statement and they were only interested in what the colligue put and not intrested in my wifes side of the story.My wife at the disciplinary meeting repeatedly said that she had done nothing wrong apart from doing her job but they had already made the decision to.sack her before she went to the meeting.My wife is Nigerian and has visa that runs out soon and she has suffering discrimination fron her manager so i think they wanted her out because of racist discrimination because totally unfair. She had no paper work saying why she was suspended first then suddenly dismissed after a meeting.Now it is hard for to get a job because her reputation is damaged.

She was also doing her NVQ level 3 at the time as doing 50- 60 hours a week at work, which was causing alot of stress which her manager was not helping with the situation as she always put everything on my wifes shoulders making her do nealry her double the contract hours.

One week before she got suspended there was another issue with one of her colligues. My wife was in charge as the manager was not there, and she asked her colligue to sign something and the colligue didn't like it and walked out, leaving everything on my wifes shoulders because now they are short staffed and have alot of residents to look after. In care work, if you walk out on shift its gross misconduct and an instant sacking. You not aloud back in. This colligue went back to work with not even a telling off and my wife got the blame for making her ill, when there was nothing wrong with her. A week later she was suspended for the reason i mentioned earlier. Just before she suspended, my wife was about to hand in a sick not because of all the stress from everything, like the college work and the stress from work because she gets alot of discrimination at work from her manager and staff and all the blame for everything always its my wifes fault and never any of the staff. Part of this is because her manager and some of the staff are jealous of her such hard work she does and how quick she has progressed in the care work industry, because before she worked there she had never done care before. Like i said before she had just finished NVQ lever 3 and all she had left was nvq level 5 and she would of been manager of that care home. Her manager has proven that she doesn't like black poeple to my wife on several occasions including one which my wife was made senior care assistant just before this manager took over and she said to her i would of not made you a senior care assistant and there plenty of other times she has said things to my wife.

I think this is all wrong because my wife is a very hard worker and how can you get dismissed for what another person says at work about you, with no proof behind it, because that person could say anything about you and get you fired just because they dont like you.

We appealing it now and contacted acus for help.

jonnygee2

In the end they both wrote a statement and they were only interested in what the colligue put and not intrested in my wifes side of the story.

I agree it sounds unfair. But, they have a written statement from someone alleging abuse, so it is going to be very difficult to fight against this.

What was the alleged abuse? Did the alleged victim have any involvement (could they have done?) Any physical marks etc?

Stress or any other factors aren't going to be relevant. Basically, if they have reasonable grounds for thinking abuse happened, dismissal is obviously justified.

But, there are a few big questions. Particularly - how come the colleague who saw the abuse spread it by rumour for several weeks before officially reporting it? And she is still employed? I would think that fact alone sheds a lot of doubt of the credibility of her story - and honestly it also adds significantly to the chance that, if taken to tribunal, they will want to settle - as I think any tribunal would have a lot of questions about their safeguarding procedures that they might not want made public.

Do you have a union supporting her? Employment solicitor?

elsien

The other thing your wife needs to be aware of is whether this might impact on her DBS and future work.
https://www.gov.uk/report-unfit-work-children-vulnerable-adults

Is she in a union, has she got a copy of the company's disciplinary procedure and was it followed?

Les79

mdl9980 wrote: »

Her manager has proven that she doesn't like black poeple to my wife on several occasions including one which my wife was made senior care assistant just before this manager took over and she said to her i would of not made you a senior care assistant and there plenty of other times she has said things to my wife.

That's not proof of racial discrimination in itself....


Firstly, given that your wife got the senior position in the first place it is a sort of suggestion that the company as a whole don't tolerate racial discrimination and give black people an equal opportunity when it comes to promotion. You'll therefore have to answer the question as to why you didn't go through the normal grievance process with this racial discrimination allegation and let the employer have the opportunity to investigate/act upon it.


Secondly, it isn't a nice thing to say but it is well within the scope of what you would say to someone you deem to be useless at their job IRRESPECTIVE of their race. So you'd probably need some fairly compelling evidence to dispel that one (positive feedback/reviews would be a good starting point).

My wife was in charge as the manager was not there, and she asked her colligue to sign something and the colligue didn't like it and walked out, leaving everything on my wifes shoulders because now they are short staffed and have alot of residents to look after. In care work, if you walk out on shift its gross misconduct and an instant sacking. You not aloud back in. This colligue went back to work with not even a telling off and my wife got the blame for making her ill, when there was nothing wrong with her.

The colleague didn't like the idea of signing something?? That's a weird one.... I think that's going to be an interesting one to explore.... My immediate impression is that your wife asked the colleague to do something morally questionable and they refused, so walked out and the employer kept them on the books. If you do go all the way to tribunal then be prepared for the possibility of this being explored in a lot more depth, as if my train of thought is correct then it will weaken your racial discrimination case.

We appealing it now and contacted acus for help.

Fair enough, good luck with the case.


You may be wise also looking into the possibility of a solicitor, or external assistance. Your English is, frankly, appalling (though it may be due to it not being your first language) and it could hinder you when trying to convey the points you want to get across.

nicechap

mdl9980 wrote: »

My wife has been dismissed from her care work of nearly 5 years. She was a senior care assistant and one of her colligues is saying she abused one of the residents when getting her out of bed. This colligue who is saying this helped her get the resident up but she denies that she helped, and it is her word against my wifes. It wasn't till 3 weeks later that this was reported all because it was a rumer going round and the manager happen to hear it. They totally believed this other colligue over my wife, even though the colligue had not written a statement at the time my wife was suspended. My wife stating its not true and she only ever does her job to her best ability but they would not believe her. This was all based on hearsay and gossip. In the end they both wrote a statement and they were only interested in what the colligue put and not intrested in my wifes side of the story.My wife at the disciplinary meeting repeatedly said that she had done nothing wrong apart from doing her job but they had already made the decision to.sack her before she went to the meeting.My wife is Nigerian and has visa that runs out soon and she has suffering discrimination fron her manager so i think they wanted her out because of racist discrimination because totally unfair. She had no paper work saying why she was suspended first then suddenly dismissed after a meeting.Now it is hard for to get a job because her reputation is damaged.

She was also doing her NVQ level 3 at the time as doing 50- 60 hours a week at work, which was causing alot of stress which her manager was not helping with the situation as she always put everything on my wifes shoulders making her do nealry her double the contract hours.

One week before she got suspended there was another issue with one of her colligues. My wife was in charge as the manager was not there, and she asked her colligue to sign something and the colligue didn't like it and walked out, leaving everything on my wifes shoulders because now they are short staffed and have alot of residents to look after. In care work, if you walk out on shift its gross misconduct and an instant sacking. You not aloud back in. This colligue went back to work with not even a telling off and my wife got the blame for making her ill, when there was nothing wrong with her. A week later she was suspended for the reason i mentioned earlier. Just before she suspended, my wife was about to hand in a sick not because of all the stress from everything, like the college work and the stress from work because she gets alot of discrimination at work from her manager and staff and all the blame for everything always its my wifes fault and never any of the staff. Part of this is because her manager and some of the staff are jealous of her such hard work she does and how quick she has progressed in the care work industry, because before she worked there she had never done care before. Like i said before she had just finished NVQ lever 3 and all she had left was nvq level 5 and she would of been manager of that care home. Her manager has proven that she doesn't like black poeple to my wife on several occasions including one which my wife was made senior care assistant just before this manager took over and she said to her i would of not made you a senior care assistant and there plenty of other times she has said things to my wife.

I think this is all wrong because my wife is a very hard worker and how can you get dismissed for what another person says at work about you, with no proof behind it, because that person could say anything about you and get you fired just because they dont like you.

We appealing it now and contacted acus for help.

Do you work on the same premises as otherwise I'm really surprised that you know exactly how you wife behaves at work rather than as most partners do, how they tell you how good they are at work.

I'm also a little puzzled why your wife has jumped from level 3 (GCSE/ O level) to level 5 (degree level) qualifications, but good on her.

Reading through the fog of text you've posted, your wife has tried to bully a colleague into signing something they've declined to, her manager doesn't think she's of the standard of a senior care worker, the person your wife admits was with her when the alleged abuse occurred has been "gossiping" (why gossip if they hadn't seen something?) that it happened and has subsequently given a written statement to that effect - maybe you think managers shouldn't investigate allegations of abuse of residents?

there appears to have been a procedural error in that your wife did not know what grounds she was suspended on (was their an email or text?) if she had nothing to say she was suspended why did she not just go back into work?

I appreciate you feel aggrieved on behalf of your wife but it is very unlikely you have the full facts and are clutching at straws. Your wife's union would be able to use the procedural error (assuming there was one) in any appeal being drafted.

NBLondon

nicechap wrote: »

I'm also a little puzzled why your wife has jumped from level 3 (GCSE/ O level) to level 5 (degree level) qualifications, but good on her.

If Mrs OP has just completed Level 3; then aiming for a Level 5 would be the next stage in order to become a care home manager - there isn't an appropriate Level 4. But the bigger issue is why the original allegation of abuse wasn't properly reported, investigated and dealt with. What does the safeguarding policy say? And certainly get professional advice if you are going down the tribunal route.

FBaby

Your account of what happened is what your wife has told you and is a matter of opinion. Of course your wife thinks she's done nothing wrong ut that doesn't mean she hasn't.

From what you've said, it seems there have been ongoing issues and this is not a one off event. The company is entitled to dismiss someone if they can show they have enough e idence to believe, not prove, that wrong doing has taken place and it does seem as if they do have such evidence.

You say she worked long hours in addition to studying and was stressed. Sadly stress can impact on one's ability and your best sometimes is still not good enough.

Marvel1

If I was the family of the victim, I would be putting in a complaint against the person who said they saw it and never reported it straight away - care of duty my !!!! I would want them sacked.

P.S. I'm not saying your wife did anything.

elsien

NBLondon wrote: »

If Mrs OP has just completed Level 3; then aiming for a Level 5 would be the next stage in order to become a care home manager - there isn't an appropriate Level 4. But the bigger issue is why the original allegation of abuse wasn't properly reported, investigated and dealt with. What does the safeguarding policy say? And certainly get professional advice if you are going down the tribunal route.

That's one hell of a jump though. There used to be the level 4 Registered Managers Award. I'm surprised that's gone.

General_Grant

elsien wrote: »

That's one hell of a jump though. There used to be the level 4 Registered Managers Award. I'm surprised that's gone.

Quite a jump but, of course, Level 3 is not equivalent to GCSE/O level (as was suggested by nicechap but A level). Level 4 is now classified as the first year of a degree course but, when first introduced, was the level equivalent to a batchelor degree. So level 5 (now the batchelor degree) is not such a jump.