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Constructive Dismissal

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  • Constructive Dismissal

    Good afternoon.

    Background-I work in the care industry and only do 1 night a week, but I love this job.
    An incident happened earlier this year when we were looking after a resident and my partner and I were following procedure using the correct equipment to shower this person.
    The lady is 94 and very, very heavy so we use a rollator to assist her.
    When we got back, we noticed a skin tear on her arm, but have no idea how this happened. The woman hadn't said anything at the time.We reported it and logged it all straight away after tending to the lady.
    10 weeks later, we were called in a and told we were suspended pending an investigation the company cited physical abuse. The woman now claimed she was screaming in pain and had been manhandled. I'm very small and a lot more slender. I was aghast.
    Work called us in for informal mettings, telling us we couldn't be acocmpanied, informed us that the investigation had been going on.
    We asked why we had still been allowed to tend to this lady for 10 weeks, if there had been an incident.

    Subsequently, we have been cleared of everything, but I now feel that I can't go back to work there, as does my colleague.
    I've been signed off with stress. Not sleeping, I won't go out as people might ask about my job.
    We have evidence that we were targeted by the homes assistant manager, it's been denied, even though we have clear proof, that we've not presented to them yet.

    We haven't had a formal meeting yet, but they want us to go back to work-Were would I stand on the grounds of constructive dismissal?
    Tags: None

  • #2
    Were you and / or your colleague put on suspension at any time during the investigation process or did you continue to work?

    What was the process of communication with you during the period of investigation and were you interviewed as part of this?

    How certain are you of the evidence you have to prove that you have been targeted and is there a neutral person you can present this to, bearing in mind your accusation would be against the assistant manager?


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