Contract breach by employer ?

Jillanddy

There's a very substantial difference between your original version, your second version, and your third version. Fact.

If ACAS have been so closely involved and advising you on these matters and have already told you that it is automatic unfair dismissal then your original post makes utterly no sense because you said that you knew that unfair dismissal couldn't be claimed. Fact.

It is ultimately totally unclear what on earth the purpose of posting was since you already knew all the answers. Fact.

I suggest that you try a lawyer since you have such a wonderful case endorsed by ACAS. Perhaps they can work out what the question is. 

Lindsey614614

I have not posted a fictitious thread. Nor abused anyone.
If people think I have abused then I am very sorry for that.
I would never abuse or hurt anyone or their feelings.
I just needed some help.
changing story is because it is complecated. and I could not get further than first post to ask for help on the details she has been given. First no rights under 2 years. then possible covered  under whistleblowing. Automatic constructive dismissal. unfair .contract breach. meaning nothing to us.
every confusing. Different details on google have also been contraditions.
Wished for help on this only by people who could confirm what is true or not.so she could fill in the form.
unaware of what is meant by " if they are all one person ?  no 2 persons  me and my niece. 

I think my fault as english is not my first written . I have not explaned properly . or in correct way.
I would like to say sorry to the lady or gentleman  for my KAREN post. My son said to put that. I did not know that was nasty.
He said put this and be sarky back as they are been sarky to me.
My neighbour has explained that was very rude and should not do that.

Jillanddy

So now we have posts contributed to by an OP, a niece, a son and the neighbour.

If I take this last post at face value, if none of this means anything to you, and you don't know what you are doing, then don't do it. Or get proper advice. An internet forum does not replace proper first person advice to the individual making the claim. Your story has changed constantly, and the facts you have provided have similarly changed. It is impossible for anyone on an anonymous internet site to advise you and it would be foolish for anyone here to try to tell you what to write in your claim. You'd be foolish to listen to such advice as well. You have been very well advised here by me and others, and we may not be lawyers but many people here DO know what we are talking about. And if you can't cope with your version of events being picked apart by people here you have no business in a tribunal, where the other sides lawyer will pull apart absolutely everything you say. And you won't be able to hurl abuse at the lawyer for it when it gets uncomfortable.

Get a lawyer or proper legal advice. That is GOOD ADVICE, not "sarcasm". I'm finished with this because I still don't know whether it is just a wind up and I have wasted enough time on this to then be insulted.

Lindsey614614

Jillanddy said:

So now we have posts contributed to by an OP, a niece, a son and the neighbour.

If I take this last post at face value, if none of this means anything to you, and you don't know what you are doing, then don't do it. Or get proper advice. An internet forum does not replace proper first person advice to the individual making the claim. Your story has changed constantly, and the facts you have provided have similarly changed. It is impossible for anyone on an anonymous internet site to advise you and it would be foolish for anyone here to try to tell you what to write in your claim. You'd be foolish to listen to such advice as well. You have been very well advised here by me and others, and we may not be lawyers but many people here DO know what we are talking about. And if you can't cope with your version of events being picked apart by people here you have no business in a tribunal, where the other sides lawyer will pull apart absolutely everything you say. And you won't be able to hurl abuse at the lawyer for it when it gets uncomfortable.

Get a lawyer or proper legal advice. That is GOOD ADVICE, not "sarcasm". I'm finished with this because I still don't know whether it is just a wind up and I have wasted enough time on this to then be insulted.

 I am sorry if I have caused offense to you and been insulting. That was not intended.
 I was using sarcasm not you.
 Thank you for your advice. yes will do what you advise.
 
  And no it never was a wind up. untruth or trouble maker.
  I won't post again for this.
  Again sorry to bother you.
 
 
 

[Deleted User]

Wished for help on this only by people who could confirm what is true or not.so she could fill in the form.

Surely, ACAS should be helping.

Above getting a pay-out in some sort of perceived victory, does your niece ever want to pass checks to work in Care again?
Whilst I never worked for just an individual, I'm sorry carers can be barred/banned from homes - when I was a dom care assistant and sent to work often in areas unbeknown to me, I recall one time getting rather lost and struggling to find a service users address on time, therefore I was late and ended up with a bar from the service user for going to that address in future.

Sometimes it is better to just let these things go. Honestly I say this as a hot head myself, once saw a letter that meant a colleague part time was earning so much more - and my employer claimed furlough for myself unknowingly not long after time of that letter and to top it, managed to never see two weeks wages - but not going to a tribunal was worth it moreso when I think of the damage it may cause in obtaining new employment.  Recently I went to hand my notice in and the Employer intimated I could go straight away when I could have demanded to work a month but knowing the business has more down's then up's, how would I have felt enforcing a month, only to land up definitely quite glad I'm not working full notice now we have fuel shortages and all the bother that can cause non remote workers getting into work without breaching the employment contact..... sometimes things are just out of our hands.

I wish her luck in finding a better Employer next time.

Jillanddy

Surely, ACAS should be helping.

Above getting a pay-out in some sort of perceived victory, does your niece ever want to pass checks to work in Care again?
Whilst I never worked for just an individual, I'm sorry carers can be barred/banned from homes - when I was a dom care assistant and sent to work often in areas unbeknown to me, I recall one time getting rather lost and struggling to find a service users address on time, therefore I was late and ended up with a bar from the service user for going to that address in future.

I know I said I wouldn't post again but I feel I have to correct this misleading information.

ACAS cannot and do not help people to make tribunal claims and nor are they allowed to provide direct advice. They take no legal responsibility for anything they tell you. They can't help anyone to make a claim and nor should they be advising on the merits of any claim. They can provide generic advice on what they think the law says, but they are not allowed to comment on how the law applies to individual cases.

And whatever the niece decides to do, this has nothing at all to do with checks or bars. That is a very different process, is formal and relates to serious incidents and allegations against care workers and others. Any individual can say they will not allow someone else into their home. That is their prerogative. But that has nothing to do with checks and bars, and whether or not she goes to a tribunal will have no bearing on whether she will be able to work in care again. It's a very serious matter to advise someone that they would / could be banned from working in care when there is no evidence that is true. Please don't tell people that they can be banned from working unless there is clear evidence that this is a possibility. In this case, based on what has been said, that will not happen.

MalMonroe

Jillanddy said:

Surely, ACAS should be helping.

Above getting a pay-out in some sort of perceived victory, does your niece ever want to pass checks to work in Care again?
Whilst I never worked for just an individual, I'm sorry carers can be barred/banned from homes - when I was a dom care assistant and sent to work often in areas unbeknown to me, I recall one time getting rather lost and struggling to find a service users address on time, therefore I was late and ended up with a bar from the service user for going to that address in future.

I know I said I wouldn't post again but I feel I have to correct this misleading information.

ACAS cannot and do not help people to make tribunal claims and nor are they allowed to provide direct advice. They take no legal responsibility for anything they tell you. They can't help anyone to make a claim and nor should they be advising on the merits of any claim. They can provide generic advice on what they think the law says, but they are not allowed to comment on how the law applies to individual cases.

And whatever the niece decides to do, this has nothing at all to do with checks or bars. That is a very different process, is formal and relates to serious incidents and allegations against care workers and others. Any individual can say they will not allow someone else into their home. That is their prerogative. But that has nothing to do with checks and bars, and whether or not she goes to a tribunal will have no bearing on whether she will be able to work in care again. It's a very serious matter to advise someone that they would / could be banned from working in care when there is no evidence that is true. Please don't tell people that they can be banned from working unless there is clear evidence that this is a possibility. In this case, based on what has been said, that will not happen.

I'm sorry to barge in but I have to correct this misleading information. Acas CAN and DOES help people make tribunal claims. In fact, people are obliged to contact Acas in the first instance when they want to make such a claim. I know this because of the information here -

https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal

and here 

https://tell.acas.org.uk/

- as well as the fact that I have brought a case to employment tribunal myself - and had to contact Acas in the first instance. I was allocated a personal adviser who did, in actual fact, provide direct advice about the tribunal. She, of course, remained impartial but she did help with the case.

In fact, I found Acas' help and advice invaluable (and my case was settled to my satisfaction before the tribunal date).

I find this case very confusing indeed but do agree that the OP's niece would be well served by contacting Citizens Advice and, if she so wishes, advising Acas that she wants to bring a case to Employment Tribunal.

But, as in all cases on the forum, all we can do is put forth our opinions. Hopefully in a kind manner. They may be right or they may be wrong. The Forum advises everyone to check for themselves. So please do, OP.

Jillanddy

@MalMonroe ACAS can only advise you on the process - the steps you need to take.  They cannot and should not offer you advice on your claim, it's merits or what you should do.  If your advisor did so,  then they acted outside their remit.  ACAS mediate. They do not provide legal advice or support,  which is what was suggested.  Therefore what I said was entirely accurate and in no way misleading. And in fact the links you provided say the same thing. There is a huge difference between providing advice on process and providing legal advice.  The OP needs legal advice. 

Undervalued

MalMonroe said:

Jillanddy said:

Surely, ACAS should be helping.

Above getting a pay-out in some sort of perceived victory, does your niece ever want to pass checks to work in Care again?
Whilst I never worked for just an individual, I'm sorry carers can be barred/banned from homes - when I was a dom care assistant and sent to work often in areas unbeknown to me, I recall one time getting rather lost and struggling to find a service users address on time, therefore I was late and ended up with a bar from the service user for going to that address in future.

I know I said I wouldn't post again but I feel I have to correct this misleading information.

ACAS cannot and do not help people to make tribunal claims and nor are they allowed to provide direct advice. They take no legal responsibility for anything they tell you. They can't help anyone to make a claim and nor should they be advising on the merits of any claim. They can provide generic advice on what they think the law says, but they are not allowed to comment on how the law applies to individual cases.

And whatever the niece decides to do, this has nothing at all to do with checks or bars. That is a very different process, is formal and relates to serious incidents and allegations against care workers and others. Any individual can say they will not allow someone else into their home. That is their prerogative. But that has nothing to do with checks and bars, and whether or not she goes to a tribunal will have no bearing on whether she will be able to work in care again. It's a very serious matter to advise someone that they would / could be banned from working in care when there is no evidence that is true. Please don't tell people that they can be banned from working unless there is clear evidence that this is a possibility. In this case, based on what has been said, that will not happen.

I'm sorry to barge in but I have to correct this misleading information. Acas CAN and DOES help people make tribunal claims. In fact, people are obliged to contact Acas in the first instance when they want to make such a claim. I know this because of the information here -

https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal

and here 

https://tell.acas.org.uk/

- as well as the fact that I have brought a case to employment tribunal myself - and had to contact Acas in the first instance. I was allocated a personal adviser who did, in actual fact, provide direct advice about the tribunal. She, of course, remained impartial but she did help with the case.

In fact, I found Acas' help and advice invaluable (and my case was settled to my satisfaction before the tribunal date).

I find this case very confusing indeed but do agree that the OP's niece would be well served by contacting Citizens Advice and, if she so wishes, advising Acas that she wants to bring a case to Employment Tribunal.

But, as in all cases on the forum, all we can do is put forth our opinions. Hopefully in a kind manner. They may be right or they may be wrong. The Forum advises everyone to check for themselves. So please do, OP.

That surely is a contradiction in terms!

As is.....

"as well as the fact that I have brought a case to employment tribunal myself" coupled with "and my case was settled to my satisfaction before the tribunal date".

So you have not in fact had a case decided by an employment tribunal so did not "win the case".

Cases can be settled for all kinds of reasons and the fact that is was settled doesn't in any way prove that you would have won. Maybe you would have done - or maybe you wouldn't, we will never know.

As you say, these days claimants are obliged to contact ACAS who will attempt to broker some kind of settlement whenever possible. It is their duty not to help either party to "win the case" but to provide impartial advice.

Jillandy's post is correct and it is yours that is misleading.

68ComebackSpecial

Undervalued said:

MalMonroe said:

Jillanddy said:

Surely, ACAS should be helping.

Above getting a pay-out in some sort of perceived victory, does your niece ever want to pass checks to work in Care again?
Whilst I never worked for just an individual, I'm sorry carers can be barred/banned from homes - when I was a dom care assistant and sent to work often in areas unbeknown to me, I recall one time getting rather lost and struggling to find a service users address on time, therefore I was late and ended up with a bar from the service user for going to that address in future.

I know I said I wouldn't post again but I feel I have to correct this misleading information.

ACAS cannot and do not help people to make tribunal claims and nor are they allowed to provide direct advice. They take no legal responsibility for anything they tell you. They can't help anyone to make a claim and nor should they be advising on the merits of any claim. They can provide generic advice on what they think the law says, but they are not allowed to comment on how the law applies to individual cases.

And whatever the niece decides to do, this has nothing at all to do with checks or bars. That is a very different process, is formal and relates to serious incidents and allegations against care workers and others. Any individual can say they will not allow someone else into their home. That is their prerogative. But that has nothing to do with checks and bars, and whether or not she goes to a tribunal will have no bearing on whether she will be able to work in care again. It's a very serious matter to advise someone that they would / could be banned from working in care when there is no evidence that is true. Please don't tell people that they can be banned from working unless there is clear evidence that this is a possibility. In this case, based on what has been said, that will not happen.

I'm sorry to barge in but I have to correct this misleading information. Acas CAN and DOES help people make tribunal claims. In fact, people are obliged to contact Acas in the first instance when they want to make such a claim. I know this because of the information here -

https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal

and here 

https://tell.acas.org.uk/

- as well as the fact that I have brought a case to employment tribunal myself - and had to contact Acas in the first instance. I was allocated a personal adviser who did, in actual fact, provide direct advice about the tribunal. She, of course, remained impartial but she did help with the case.

In fact, I found Acas' help and advice invaluable (and my case was settled to my satisfaction before the tribunal date).

I find this case very confusing indeed but do agree that the OP's niece would be well served by contacting Citizens Advice and, if she so wishes, advising Acas that she wants to bring a case to Employment Tribunal.

But, as in all cases on the forum, all we can do is put forth our opinions. Hopefully in a kind manner. They may be right or they may be wrong. The Forum advises everyone to check for themselves. So please do, OP.

That surely is a contradiction in terms!

As is.....

"as well as the fact that I have brought a case to employment tribunal myself" coupled with "and my case was settled to my satisfaction before the tribunal date".

So you have not in fact had a case decided by an employment tribunal so did not "win the case".

Cases can be settled for all kinds of reasons and the fact that is was settled doesn't in any way prove that you would have won. Maybe you would have done - or maybe you wouldn't, we will never know.

As you say, these days claimants are obliged to contact ACAS who will attempt to broker some kind of settlement whenever possible. It is their duty not to help either party to "win the case" but to provide impartial advice.

Jillandy's post is correct and it is yours that is misleading.

@MalMonroe doesn't care whether their advice is accurate or not - their signature states "Once commented, I rarely return to a thread". Sadly this means that they don't care whether the advice they give is accurate or not and are not prepared to learn why some of their posts are misleading/ inaccurate. Personal opinion is fine on many of the boards, but not on ones such as this, consumer rights and benefits etc - on which they have also posted erroneous information which has to be refuted by others. Very far from helpful.