Summary Dismissal

elefun83

I’ve been a Care home Manager for a number of years, last Sunday I resigned from my position due to concerns I had over the providers standards of care and the complete lack of support from them. I gave my 3 months notice as required. Yesterday afternoon, my regional manager summarily dismissed me for gross misconduct, stating it was my fault and not theirs. The Home has been in trouble for a long while before I worked there and with the lack of support from the provider I was unable to change things. I had been in post 12 weeks, my probation period was 6 months.

My first question is, they owe me two weeks wages and maybe a couple of days annual leave, will I still get this?

Secondly, as I resigned on Sunday but they then dismissed me, how do I stand with obtaining a reference? This could have a huge impact on my 20 year career. 

All in all very very sad over the whole thing 

JReacher1

if it’s actually gross misconduct they won’t pay your notice period. They should pay time already worked. 

elsien

They could give you a reference stating you were dismissed which would be accurate.  Is there any chance at all of negotiating a reference just with dates - probably not but you have nothing to lose by trying.
I hate to say it but depending on  the circumstances you may also need to consider whether they may have to refer you to DBS. It is something that should be on your radar just in case.
Otherwise (and I am aware of people in exactly the situation you describe down to a poor provider) if the care home has a poor CQC record and you can show why you left, that could encourage other employers to still consider you, depending on how you phrase it. 

elefun83

elsien said:

They could give you a reference stating you were dismissed which would be accurate.  Is there any chance at all of negotiating a reference just with dates - probably not but you have nothing to lose by trying.
I hate to say it but depending on  the circumstances you may also need to consider whether they may have to refer you to DBS. It is something that should be on your radar just in case.
Otherwise (and I am aware of people in exactly the situation you describe down to a poor provider) if the care home has a poor CQC record and you can show why you left, that could encourage other employers to still consider you, depending on how you phrase it. 

I believe company policy is only to give dates on a reference, but we shall see. All I can do is be honest with any future employer as their cqc rating is terrible and has been for a number of years. If they refer me to DBS i’m going to be furious as there is workers in that home who are alcoholics who I raised huge concerns over and they have kept their jobs with no issue

elsien

Have you been to CQC with the concerns? Not relevant to your query,  but if it's that bad you have a duty to do so. 

elefun83

Yes I have already done that and the provider knew I had also 

sharpe106

For some reason the vast majority of people running care homes/ care companies are the kind of people that you would not trust with your pet hamster let alone somebody that actually needs assistance. It is all about money for them and very little about care and let’s be honest the CQC know but they don’t care either.

 

All you can do is ask them for it in writing why it was your fault and not theirs after all you have only been there 12 weeks. So unless you were actually drowning clients I can’t see how they can claim it was your fault.     

 

Even dismissed for gross misconduct you should still get paid for hours worked and holidays accrued.

 

I doubt very much they would be giving you a good reference, after all they either think you are guilty so why would they or they are using you as a scapegoat so again why would they.

TELLIT01

The OP might want to consult a solicitor because the supposed reason for sacking could have a profound effect on their ability to get another job in the sector.  The fact that they have reported the home to the CQC should act in their favour, and suggests that the owners / senior management are trying to cover their own backsides.

[Deleted User]

Following the good advice from TELLIT01, look into the Public Interest Disclosure Act 1998 (PIDA), and the protection you should have as a Whistleblower.

Jude57

I'd be interested to clarify the timeline of events here, whether OP gave their resignation in writing (before being sacked?) and whether they reported to CQC before or after they resigned. It's my understanding that whistleblowers have some additional protection in employment law so that the OP may have some leverage here. I'd agree with Tellit that, if OP isn't a union member, they seek advice from an employment solicitor. Check whether household or life insurance covers legal costs but in any event, surely the cost would be worth it to save a 20 year (otherwise unblemished?) career. 

elefun83

Jude57 said:

I'd be interested to clarify the timeline of events here, whether OP gave their resignation in writing (before being sacked?) and whether they reported to CQC before or after they resigned. It's my understanding that whistleblowers have some additional protection in employment law so that the OP may have some leverage here. I'd agree with Tellit that, if OP isn't a union member, they seek advice from an employment solicitor. Check whether household or life insurance covers legal costs but in any event, surely the cost would be worth it to save a 20 year (otherwise unblemished?) career. 

I resigned on Sunday 28th June, I reported to CQC on the same day. I was dismissed yesterday with no hearing, warning of action etc. I have contacted a Union Rep today that I know so i’ll get some advice as up until now I have had no form of disciplinary action against me my entire working life.