Wrongful dismissal?

Hiya, I worked for a care in the community company for 19 months 0 hour contract, my husband also worked there, the company was poorly run and the clients was not getting the correct care, myself and my husband whistleblew which resulted in a CQC inspection being carried out, the company management was the core of the problem, my husband went off on SSP and 4 weeks later while he was off sick still I got a phone call to say I needed to come to the office to sign some paperwork, they took my work off me and said they would pay me in office hours for the trouble, I went to the office no one was there I messeged the lady who had asked me to come in she said she was in traffic and would be long, I waited a hour and messeged again she ignored me half a hour later the owner of the company called me to say she had been in a car accident and he was happy to conduct the meeting, this didn't sit right with me but I agreed, went in the office with him and a member of his management team but I had my phone on record in my pocket the first thing he said was 'you can record what I'm going to say to you if you want' I stayed quiet and didn't let on, he then said it again, he then went on to say that a complaint had been made about my husband going into calls to early and that I had gone in after and bullied the clients not to make a complaint about it, he said he had written statements in front of him from other carers and clients families, he said he will take me down the gross misconduct route and I will be sacked, but I could walk now and he would pay me my holiday pay I'm entitled to and notice pay, I said I had no recollection of these incidents what so ever and he said that's irrelevant he has statements it's a done deal, so I did what i thought was right and left, soy husband then sent in for a subject access request and when it came through there was no complaints about him in the paperwork, he emailed and requested these complaints with names blanked out, he's never been spoken to about the complaint made about him and of course of he hasn't been spoken to how would I of known to go and 'bully clients' on his behalf, the company are now ignoring him about this request so I'm inclined to say there is no complaints from clients but I do believe there could be complaints from carers as it's a very clicky company so this is possible, do I have any sort of case with it being less than 2 years? I don't particularly want that I bullied clients on my case when I haven't and I really do feel I was dismissed for whistleblowing, I want to prove that I haven't done anything wrong but I don't know if I can go up against false statements from other workers (if there is any) they have also just failed the CQC Inspection and been given a timeframe to sort themselves out the main thing they failed on was keeping people safe. sorry for the long post hope iv worded it so everyone understands I tried to give the whole scenario so sorry if some things seem irrelevant.

Also keeping in mind I was called into the office 4 weeks after husband going on SSP so this is a long while to sit on a complaint about being bullied and still letting me work all that time

Comments

  • Your post is very hard to follow. Could you summarise it?

    I don't think the car accident and your phone in your pcket are relevant from what I can understand. Also not sure if you have resigned or not.
  • To clarify I was sacked on the spot, the car accident just seemed strange I think the owner was planning to do the meeting all along and there was no paperwork to sign as they had originally said, so there was no disaplinary just sacked on the spot, I think he asked if I wanted to record so he would know if I was recording or not but didn't realise I was already recording
  • Xbigman
    Xbigman Posts: 3,880
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    There are a number of issues.

    1. You worked there less than two years, you have very few employment rights.
    2. It was zero hours so they could simply stop offering you work.
    3. They bluffed you about complaints and you took the bait. They have no obligation to prove anything now.

    But

    4. The care industry is desperate for staff - time to find another job.

    Darren
    Xbigman's guide to a happy life.

    Eat properly
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  • Thanks Darren, yeah I think I'm harbouring a bit of resentment for the way they treated me, and the issues with the way clients are treated, if I had of pushed them to go down the disaplinary route I would not of received any notice pay I had no choice IMO, I just wanted to know if there was anything I could do, but doesn't seem so with the less than 2 years service they had me over a barrel, thanks for your advice 
  • Pritch2088 how did the company find out that you were the whisleblowers?
    aren't you allowed to make anonymous complaints to the CQC?
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