Is this allowed?

Galaxis80

I am sure this is allowed but let me explain. I've been in my current employment for just over two years. Up until very recently it's been great with no issues. However, I support vulnerable adults and their support needs vary greatly. However, one (A), since before xmas has been targeting me. This has resulted in a damaged phone, my thumb being bent back (I've had x-rays and have an appointment with a hand specialist next month), he tries to kick me if I take out rubbish, steals from my car, if I stand by my car and don't open it he tries to pull the wipers/wing mirrors off and much more. I have reported many of these incidents including the one where he injured thumb/damaged phone. There have been other reports by staff and even residents who live nearby who have had damage caused to their car which the company has had to pay for. Anyway, last week, he managed to grab my bank card from my pocket and try to snap it before it was taken off him. I lodged an online complaint with the police and initial officer was great and said it's clear A has capacity just by the fact he accesses the community alone with his own bank card. The management use the excuse of him having capacity as to why they are powerless to stop him. Most of these incidents occur when I am leaving work and he has no staff with him as they are also leaving. The night staff don't do anything.

Basically, the police spoke to the manager who claimed this was news to her. This is a lie as shown by emails/incident reports as well as other reports from staff. I was not happy and basically said as much in an email informing them that if it continued the police said to lodge another report. However, I have now had an email from another manager stating that I am going to be redeployed to another building for my next three shifts. I have never worked in another building before and have set people who enjoy working with me so this will affect them. I did have an idea that constructive dismissal was always going to be a possibility and feel this is the beginning of it. Do I have any rights?

To add, soon after I started I explained that due to a previous fractured skull, I have an impaired memory and am ok as long as I stick to the same routines, my memory is ok. I saw the occupational health person so this is all on record. I wonder if I could use this to my advantage?

elsien

They are moving you to calm down a situation in which you are being targeted and have been injured. That’s not the start of constructive dismissal, It’s moving you away from a volatile situation. What would your preferred action be for them to take? Leave  you to carry on being assaulted?

By the way, the initial police statement that he must have capacity because he goes out alone with his bank card is meaningless. Capacity around what? Because capacity is time and decisions specific. However, that’s a side issue to your employment rights With regards to being transferred to another service. I would expect your contract to have a clause that covers moving  you to an alternative service.

The service has the option to serve notice, But most of the behaviour is aimed at you then it makes more sense for you to work at a different service. The police have the option to press charges. Clearly at this point in time neither feel that that is appropriate. 

Galaxis80

elsien said:

They are moving you to calm down a situation in which you are being targeted and have been injured. That’s not the start of constructive dismissal, It’s moving you away from a volatile situation. What would your preferred action be for them to take? Leave  you to carry on being assaulted?

By the way, the initial police statement that he must have capacity because he goes out alone with his bank card is meaningless. Capacity around what? Because capacity is time and decisions specific. However, that’s a side issue to your employment rights With regards to being transferred to another service. I would expect your contract to have a clause that covers moving  you to an alternative service.

The service has the option to serve notice, But most of the behaviour is aimed at you then it makes more sense for you to work at a different service. The police have the option to press charges. Clearly at this point in time neither feel that that is appropriate. 

Thanks for the reply. What is annoying is that they have brushed this under the carpet and lied to do so. I was in the communal area with three other staff members when he managed to get my bank card. He was trying to break work phones, headbutt another member of staff and spit at her. Yes, it's mainly me that is targeted but I feel that they have made no effort to protect staff against him and making me out to be the problem when I have been asking for help for moths. He is deemed to have capacity and having autism does not give people a free pass to commit crimes. Another person who lives there has been charged with assault so moved to where he is now. If they had sat me down and explained this and asked my opinion but they haven't. It's making me out to be a problem because they don't want to deal with the actual problem. I was told they have brushed serious things under the carpet previously so it's all down to reputation/money.

elsien

You have the option to whistle blow, you have the option to put in a grievance, you have the option to go to CQC (although they won’t actively get involved, more use it to decide inspection timescales). You have the option to go to the next level up in the organisation above your manager. Yes, there may be repercussions from this, but  if you want something doing those are the choices that you have. 

I will say it again, though “deemed to have capacity” is meaningless. However, capacity or otherwise around understanding of the behaviour and its implications does not prevent the police from taking action although I have to be honest, I’m not seeing snapping a bankcard in half as a criminal event that anyone is going to take any further.
If the neighbours have concerns then they need to report those themselves independently. 

If the night staff aren’t doing their job then that should be reported. It seems to me though that outside of your employment, rights this is primarily a support issue with the gentleman in question Because saying he understands and leaving him to it is incredibly poor support and criminalising someone who has poor control over their behaviour who is meant to be in a supportive environment is not the best way to be going on. 

In the meantime, for now they are only moving you for three shifts. I think you need to ask for a discussion with your manager as to what happens after that. If it were me, I would be raising the lack of action from other staff in managing the behaviour effectively (Indeed, just being there) at the times when you know it’s going to happen - when you leave. But that’s up to you. 

elsien

I work in your field and know exactly how bad some organisations are and what they can sweep under the carpet. They can only do that  because people turn a blind eye and staff keep their heads down and I wonder whether there’s a lack of management action is starting to fall into the safeguarding field? 

Marcon

Galaxis80 said:

I am sure this is allowed

 I did have an idea that constructive dismissal was always going to be a possibility and feel this is the beginning of it. Do I have any rights?

If you're sure it is allowed, why are you asking?

Yes, you have rights - but you also have responsibilities. One of them is to take care of your own health and wellbeing. It's pie in the sky to think that your employer could be on the hook for constructive dismissal when they are taking steps to protect your wellbeing.

Galaxis80 said:

To add, soon after I started I explained that due to a previous fractured skull, I have an impaired memory and am ok as long as I stick to the same routines, my memory is ok. I saw the occupational health person so this is all on record. I wonder if I could use this to my advantage?

More likely that your employer could use it to their advantage, if you only gave this critical piece of relevant information 'soon after you started'.


What do you actually want to happen?

Galaxis80

Marcon said:

Galaxis80 said:

I am sure this is allowed

 I did have an idea that constructive dismissal was always going to be a possibility and feel this is the beginning of it. Do I have any rights?

If you're sure it is allowed, why are you asking?

Yes, you have rights - but you also have responsibilities. One of them is to take care of your own health and wellbeing. It's pie in the sky to think that your employer could be on the hook for constructive dismissal when they are taking steps to protect your wellbeing.

Galaxis80 said:

To add, soon after I started I explained that due to a previous fractured skull, I have an impaired memory and am ok as long as I stick to the same routines, my memory is ok. I saw the occupational health person so this is all on record. I wonder if I could use this to my advantage?

More likely that your employer could use it to their advantage, if you only gave this critical piece of relevant information 'soon after you started'.


What do you actually want to happen?

There's ongoing lies which have been told to dismiss this man's actions. From when my phone/thumb was injured, something should have been done. Further complaints were made where I stated he was lunging at me when on the wet steps with shopping and another resident. Neighbours have had their cars damaged, staff have put in expenses and there's been so many incident reports and promises of action yet nothing has happened. They apparently can't do much because he has capacity (their words) yet then as soon as action is taken outside of the company, they lie and say he has 'severe vulnerabilities'. And as another staff member warned, they are trying to move me rather than deal with the problem. I have never been redeployed before and my line manager has been fine with any issues and quite understanding yet the top manager is, without apparently seeking any advice, insisting I move despite the issues. My line manager also understands the childcare situation. I did everything correct in telling my manager exactly how my issues were best managed, saw the OH and this was fine at the time. 

elsien

Someone can have capacity around their actions, (although as before the phrase he has capacity is meaningless as a sweeping generalisation) and still be vulnerable.
I would query them saying they can’t do anything, because they clearly can as per my previous posts, but are choosing not to.

But you still haven’t said what you want them to do, outside of keeping you where you are? 

So which of the possible courses of action are you going to take?

LinLui

Whilst I agree that your safety - and the safety of everyone around you including this client - needs to be the main priority, I am concerned about your approach here. It's a little shocking to me that someone in this type of work doesn't understand that capacity and vulnerability are nowhere near the same thing. And you seem to not appreciate that regardless of anything else,  you are effectively saying that he should be removed from his home rather than you being moved because the condition you disclosed after obtaining the job means that you think your needs,  not those of the clients,  should be highest. 

Your employer has taken steps to remove you from possible harm whilst they assess the situation. They are not in a position to remove him from his home. It's his home! In common with many people who have complex needs and present challenging behaviours, he is no doubt poorly served by the resourcing and standards of social care available. But he also has rights,  and the issue here is not him - it is the fact that it seems his needs are not being met adequately. Treating him as a criminal who is choosing his behaviours deliberately suggests that you are struggling with the complex nature of this area of work,  and perhaps a less challenging role whilst you gain more experience and training would be a good idea? Moving you is not a punishment. It is a sensible precaution, especially if you are a target and are unable to manage this level of complex behaviour. 

I understand that it is upsetting and scary at times when working with such complex needs. But it isn't just about you. You deserve a safe workplace and your employer has a responsibility to ensure that they provide one. But he deserves a home and the support he needs to manage his challenging behaviour - and if he isn't getting that then he is being massively let down by the organisation and society. 

Marcon

Galaxis80 said:

Marcon said:

Galaxis80 said:

I am sure this is allowed

 I did have an idea that constructive dismissal was always going to be a possibility and feel this is the beginning of it. Do I have any rights?

If you're sure it is allowed, why are you asking?

Yes, you have rights - but you also have responsibilities. One of them is to take care of your own health and wellbeing. It's pie in the sky to think that your employer could be on the hook for constructive dismissal when they are taking steps to protect your wellbeing.

Galaxis80 said:

To add, soon after I started I explained that due to a previous fractured skull, I have an impaired memory and am ok as long as I stick to the same routines, my memory is ok. I saw the occupational health person so this is all on record. I wonder if I could use this to my advantage?

More likely that your employer could use it to their advantage, if you only gave this critical piece of relevant information 'soon after you started'.


What do you actually want to happen?

There's ongoing lies which have been told to dismiss this man's actions. From when my phone/thumb was injured, something should have been done. Further complaints were made where I stated he was lunging at me when on the wet steps with shopping and another resident. Neighbours have had their cars damaged, staff have put in expenses and there's been so many incident reports and promises of action yet nothing has happened. They apparently can't do much because he has capacity (their words) yet then as soon as action is taken outside of the company, they lie and say he has 'severe vulnerabilities'. And as another staff member warned, they are trying to move me rather than deal with the problem. I have never been redeployed before and my line manager has been fine with any issues and quite understanding yet the top manager is, without apparently seeking any advice, insisting I move despite the issues. My line manager also understands the childcare situation. I did everything correct in telling my manager exactly how my issues were best managed, saw the OH and this was fine at the time. 

There seems to be a very wide gap between your perception of events and the reality of the situation.

From what you've posted (which is all anyone here has to go on), this man clearly does have 'severe vulnerabilities'.

'Dealing with the problem' is more likely to mean getting someone who can cope with his issues as opposed to your preferred option of moving him out of his own home so you can carry on working where you are. You are there to help with his problems, not vice versa - a point you seem to be singularly failing to grasp.

You didn't tell your employer of your problems before you started the job, but you now want them to keep you in situ so your childcare situation (?where does that come into it?), and 'how [your] issues are best managed...' seem to take priority over his.

You do need a reality check.

Savvy_Sue

What does your union say? (Please tell me you are in a union - it always terrifies me when frontline staff, especially those working with 'difficult' people, don't have union support.)