Unsafe working conditions
Q. Hi, My partner works for a dementia residential care home as a carer. Most days she is verbally abused and often physically attacked by some violent residents. A colleague of hers has recently had a finger broken in two places by one such resident requiring a trip to our local A & E.
A recent unannounced inspection from a care quality commission inspector advised that the home does not have the staff to restrain (safehold) the residents when they become abusive, physically so the carers are no longer allowed to restrain the residents. There are no RGN's on site or other higher paid professionals nor any mental health nurses that could restrain the residents. The management are disregarding the health & safety aspect and the duty of care for their employees and make it sound as though they have to take the abuse as part of their job.
My partner has asked the managers to show her how she should deal with such violent situations however, this has yet to be done and seems to be disregarded. Can the employer blatantly disregard these rights without consequences? She has been employed for just over a year.
A. I can understand the concern your partner and other cars have. All staff should be able to raise health and safety concerns and they should not be penalised for doing so. Dismissals for raising genuine health and safety issues are automatically unfair so don’t worry about only having one year’s service.
I suggest your partner sets out her concern in writing by way of a formal grievance. If the care home does not address the issue to her satisfaction she may well consider the workplace to be unsafe because she is in imminent danger of suffering harm. She can then remove herself from the workplace until the problem is resolved, and whilst away she should receive full pay. The CQC report does the home no favours and no doubt your wife will be relying on it. I would have thought this would have escalated to a safeguarding issue.
If the grievance does not resolve the matter to your partner’s satisfaction I suggest she seeks legal advice. I expect a solicitor’s letter setting out her position will force the care home into taking positive action to protect their staff.
Cutting short notice period
Q. Hi my contract says I have to give three months notice. Say I left after two months can they take me to court?
A. Yes - you would be in breach of contract. But they won’t, because they will gain little if anything by doing so. It would be extremely difficult to quantify the damages they are claiming and it would be commercially pointless to spend time and money pursuing something which will, in all likelihood, never get off the ground.
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