We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Is this allowed?
Options
Comments
-
LinLui said: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.0 -
Marcon said: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?
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?
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.0 -
elsien said: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?0
-
Savvy_Sue said: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.)
Yes, I am in a union and expecting a call on Tuesday. I've spoken briefly with ACAS who have told me to get a copy of OH report and doctor's report.
0 -
To add to this, for those who think this work environment is in any way acceptable. There is a severely disabled resident there who is non vocal. A male member of staff had not long left and the new staff reported that this man was bleeding out his anus and was flinching. They sacked the member of staff and never involved the police despite there being a good chance of securing DNA evidence. So yes, this company has failed it's staff, residents and will brush things under the carpet. I do know other members of staff have faced similar treatment for speaking out. If a resident brings in lots of money, they will do whatever it takes to keep that resident and to hell with everything else.0
-
Galaxis80 said:Marcon said: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?
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?
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.
What is your solution?Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
Galaxis80 said:To add to this, for those who think this work environment is in any way acceptable.
You simply aren't getting it. Nobody has said that the work environment is acceptable. But what you want is people who agree with your solution, which is to treat a disabled person with complex needs as a criminal and to remove him from his home for your convenience. Based on what you have said it does appear that there is reason to be concerned for the safety and lack of appropriate support for this individual. But your answer is that you should stay in the environment that you say is unsafe for you because it is convenient for you.
Here's a question. You are a social care professional. You have observed what you say are unmet social care needs in a resident that is putting the resident and others at risk. And you have observed that situation over many months. You have reported it to the management, to the police, to ACAS, to the union - all about you. You are also aware of what you claim to be serious malpractice which has been ignored. Have you reported it to the appropriate authorities for safeguarding? Because you haven't once mentioned your professional duty to safeguard any of these people who you suggest are being put at risk by your employer.3 -
Added to which ACAS helpline staff are not trained in employment law. Your employer is not under a duty to consider your childcare arrangements when moving you to another location. Your childcare is your problem to deal with, not theirs.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.2 -
Galaxis80 said:To add to this, for those who think this work environment is in any way acceptable. There is a severely disabled resident there who is non vocal. A male member of staff had not long left and the new staff reported that this man was bleeding out his anus and was flinching. They sacked the member of staff and never involved the police despite there being a good chance of securing DNA evidence. So yes, this company has failed it's staff, residents and will brush things under the carpet. I do know other members of staff have faced similar treatment for speaking out. If a resident brings in lots of money, they will do whatever it takes to keep that resident and to hell with everything else.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Galaxis80 said:Savvy_Sue said: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.)
Yes, I am in a union and expecting a call on Tuesday. I've spoken briefly with ACAS who have told me to get a copy of OH report and doctor's report.
ACAS aren't always reliable, and it is the union who will support you in the workplace.
It does seem that there are serious shortcomings, and these should be reported to the CQC. Again, your union are there to support you in doing this.Signature removed for peace of mind0
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.2K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.7K Spending & Discounts
- 244.2K Work, Benefits & Business
- 599.3K Mortgages, Homes & Bills
- 177K Life & Family
- 257.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards