Contract breach by employer ?

Lindsey614614

She left . she did not just walk  off the job. when asked and questioned about the text and why she was been treated like this. she was told to get out / and take the F****** slide sheets with her. the text also stated my niece had to go. Because she was a pain in the A***.a trouble maker. Heath and safety freak.
this is because she had raised safety concerns with district nurses. employer was not happy about the changes. Nor were the other 2 carer's. one is the daughter and the other ex partner. As for many years they had been lifting her with out using the hoist etc. picking her up and carrying and moving.
also not happy that she had complained about having no main terms or contract. pay slips given 2 to 3 weeks after payment made. no breaks / no liability insurance. I think that they just wanted her gone so they could carry on as they had before. The position she took over was also a family member.
AND the certificate is from acas for tribunal.
Can only put what I have been told not sure of the correct term but acas have told her automatic ? something as whistleblowing ?
And that employer has breached I think duty of care ? first. as well as changing contract by reducing hours.


  

lincroft1710

You are now bringing more factors into the equation.


To be honest it would be better if your niece opened her own MSE account and told us everything first hand.

Jillanddy

Lindsey614614 said:

She left . she did not just walk  off the job. when asked and questioned about the text and why she was been treated like this. she was told to get out / and take the F****** slide sheets with her. the text also stated my niece had to go. Because she was a pain in the A***.a trouble maker. Heath and safety freak.
this is because she had raised safety concerns with district nurses. employer was not happy about the changes. Nor were the other 2 carer's. one is the daughter and the other ex partner. As for many years they had been lifting her with out using the hoist etc. picking her up and carrying and moving.
also not happy that she had complained about having no main terms or contract. pay slips given 2 to 3 weeks after payment made. no breaks / no liability insurance. I think that they just wanted her gone so they could carry on as they had before. The position she took over was also a family member.
AND the certificate is from acas for tribunal.
Can only put what I have been told not sure of the correct term but acas have told her automatic ? something as whistleblowing ?
And that employer has breached I think duty of care ? first. as well as changing contract by reducing hours.


  

I am sorry but I find this all very difficult to believe. Whistleblowing has a very specific meaning in law and there is nothing in any of what you said that suggests she has done so. If ACAS have suggested otherwise then I am shocked (but not entirely surprised) by the poor quality of their advice. Reports to district nurses definitely don't constitute whistleblowing - and even if it did, there is no way whatsoever that they will confirm anything or appear at a tribunal to support the case of an employee against one of their own clients. In the first place it breaks just about every professional rule in the book and confidentiality; and secondly if such allegedly dangerous activity was going on for so long they had an obligation to do something about it - as they didn't it must be them that has fallen down on the job! You are changing the story as you go, but the evidence that you have is that someone with less than two years service who walked out without serving their notice, and all the rest of it is he said / she said. 

And if the employer wanted to change the hours - or even sack her - they could. They hadn't changed the contract yet, and they had every right to do so legally - she didn't give them a chance to because, as you said, she walked out. And that is the story that the tribunal will hear.

She has provided no actual evidence of anything she is claiming, and has no obvious claim here other than, possibly, some holiday pay.

I suspect this is going to end very badly. 

jobbingmusician

I'm not so sure. If the employer has actually been stupid enough to put in writing that the person who has left is a 'H & S freak' that sounds like potentially the beginning of an interesting whistleblower story.  I can see where ACAS might be coming from!

Lindsey614614

 Bringing more factors into the equation is in response to " she walked out and she broke the contract " not employers fault.
Simply stating some of what happened. She did not do anything wrong. she has lost her job and owed over £200 in holiday pay at least. not to mention not been paid for the last day worked another £80
She was told to leave and not to come in again.
That to me at least is a dismissal .without notice. not resigning.

 

Lindsey614614

1. The district nurses had been attending for 7 weeks only. Due to ulcers on her legs. that need to be dressed. After niece started work they raised why she was left on a chair with a sling left in place.  It was the district nurses who raised concerns at first and my niece said that was left in place as only one person using the hoists and can not remove the sling and replace in the chair. she told them that is what she was told to do when she started. it was them that raised that and also handling moving issues.  They had a care review done which resulted in 2 people using the hoist. double up team. The district nurses also said slide sheets were to be used. AND i can only say what acas have said re whistle blowing.. cant comment on the nurses not reporting or allowing it to go on for years.  

74jax

Lindsey614614 said:

 Bringing more factors into the equation is in response to " she walked out and she broke the contract " not employers fault.
Simply stating some of what happened. She did not do anything wrong. she has lost her job and owed over £200 in holiday pay at least. not to mention not been paid for the last day worked another £80
She was told to leave and not to come in again.
That to me at least is a dismissal .without notice. not resigning.

 

I don't think you know the full facts. The bit in bold contradicts what you previously said -

she left as she also saw a text from employer offered the other day ( so no job ) offered to another employee but they could not start for 3 weeks ..when this came to light she left. So intended to get rid in 3 weeks and even had the nerve to ask her to give notice. 

Lindsey614614

74jax
I think I do know the full facts. I know what I have been told.
Maybe it is just my fault, how I have written it or crossed posts ,
It was originally a question about wrongful dismissal.
And yes stated she left. That she had seen the text. that was in response to " left or been dismissed " second post
before explaining it was not me etc.
Another post went into detail that she questioned employer on this and was then told to leave.

Jillanddy

jobbingmusician said:

I'm not so sure. If the employer has actually been stupid enough to put in writing that the person who has left is a 'H & S freak' that sounds like potentially the beginning of an interesting whistleblower story.  I can see where ACAS might be coming from!

And to this and all other posts - with the best will in the world - prove it. Because the employer didn't put anything in writing. She allegedly read a text or two, came to assumptions and "walked out". And a "H&S freak" is still not a whistleblower. Yes, it might be the start of a story. But the law doesn't care about fiction. It cares about facts. And the legal definition of whistleblowing is very clear.

The OP is contradicting their "own story". It sounds disturbingly like they are trying out their versions to construct a case. There's just one problem with that. Cases need evidence, and right now all the evidence appears to read that the OP's "niece" walked out without giving notice.

Lindsey614614

Jillanddy said:

jobbingmusician said:

I'm not so sure. If the employer has actually been stupid enough to put in writing that the person who has left is a 'H & S freak' that sounds like potentially the beginning of an interesting whistleblower story.  I can see where ACAS might be coming from!

And to this and all other posts - with the best will in the world - prove it. Because the employer didn't put anything in writing. She allegedly read a text or two, came to assumptions and "walked out". And a "H&S freak" is still not a whistleblower. Yes, it might be the start of a story. But the law doesn't care about fiction. It cares about facts. And the legal definition of whistleblowing is very clear.

The OP is contradicting their "own story". It sounds disturbingly like they are trying out their versions to construct a case. There's just one problem with that. Cases need evidence, and right now all the evidence appears to read that the OP's "niece" walked out without giving notice.

   1. The employer did put it in writing. She has a copy of the text. So not allegedly read , and it was one text not two as you             state. 
   She confirmed to Disability Positive / ACAS and social worker that there was a text and she regrets it as she ( Niece )                   should not have seen it. That she deeply regretted what was said as Niece was very upset. Can't be denied . Fact.

   2. She did not come to assumptions and walk without giving notice. Employer confirmed that one day had been taken off from         following week., 
       ( so contracted day lost )  giving to daughter  / been  excepted as the text Stated so that was half hrs taken. She was told             the other day taken away in  3 weeks, but she would get a weeks notice.  Fact.
   
   Whistleblowing was mentioned by ACAS because ACAS and not YOU  or anyone else on this forum are aware of Doctor or         CQC or Social service involvement are they. Private information not put on a forum . They ACAS also stated Automatic                 constructive   dismissal. Automatic unfair dismissal both possible under 2 years due to the facts they have.
   Perhaps ACAS are wrong and have given incorrect advice, Am presuming that the Employment law guy from CAB will sort that     on Tuesday. Perhaps she has been given incorrect information and nothing will come of this. I or she are not legally trained so     we can only except what we are told by those who should know.

   But there is a case anyway for none payment of holiday pay of 4 months, and one days pay both outstanding now for 7 weeks.

   Can assure you that nobody is trying out their versions to construct a case. I don't know you / nor you me or my Niece but I am     not a liar nor is she. 
   She has all the evidence she needs. Fact.