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Sorry in advance but this is a long very confusing post.
I recently started a new job as a childrens services manager for a domiciliary care company. My contracted start date was 5th June, however I completed some adult care calls for the company on the 30th may and the 1st June. During those care calls I found numerous Safeguarding concerns and reported these back to the adult services manager. I was thanked for informing them of these issues. I then spent the next 2 weeks attending train the trainer courses.
This then brought me to last Thursday, I completed my last training course (the company attended my place of work to deliver these courses).
Thursday evening I received a phone call from one of the supervisors stating that a concversation had taken place between her and the adult services manager and due to a loss in adult packages there was no longer enough work to go around and they would be taking over my role thus letting me go!
I immediately contacted the owner who informed me that what I had been told was a lie! The adult services manager felt intimidated by me and felt that I had implied she had not been doing her job properly when I "whistle blew" It was him that used the word whistle blew.
I informed him that what they were doing was infact against the law, to which he said he would speak to the manager anf attempt to rectify the situation.
He then rang me back and said that I could go back to work on Monday, however I was no longer going to be the childrens seevices manager- I was being demoted BUT that was on the condition that I took a back seat and overlooked safeguarding concerns!
I told him that I would need to think about it, I emailed him the next morning and informed him that wether I had been employed as a manager or a field carer I was duty bound to report safeguarding concerns- these were serious concerns that I had raised!
I told him that I was concerned he had asked me to overlook any future safeguarding concerns I might come across and on that basis I would not be accepting the offer of a new position.
Within the email I requested that he confirm to me that I would receive all monies owed to me on the next payday wednesday 28th June.
Fast forward to today, I still have not received a response from that email. I have not even received anything in writing to confirm my dismissal.
I have taken what I believe to be the appropriate steps:
I have contacted the CQC and i formed them of my concerns, they have also passed it onto the local safeguarding team.
I have contacted ACAS who have confirmed that I have a good case and will be completing the relevant paperwork they have sent me.
However I have the following questions:
1. Is the company meant to confirm my dismissal in writing?
2. In my email I forgot to ask them to respond within a certain time frame- silly of me I know but as I had asked for confirmation that I would be getting paid on a certain date, would it be seen as reasonable to expect this confirmation prior to the due date for payment?
3. The owner informed me during the phone calls that he felt embarassed by the way I had been treated, however I noticed that the adult services manager seems to over run him, he was not happy that I had been fired, yet said he felt his hands were tied. Is there anything that I can do in direct relation to the adult services manager? If you knew the safeguarding concerns that I had raised you would understand why I dont feel that she is fit to work in care let alone be a manager- I foind out after raising the concerns that they were a result of failings on her part.
4. I have never been fired before! How badly will this effect me in future job applications?
5. During the phone call with the owner, he stated that he would still provide me with the certificates for the train the trainers that I had completed, I dont have this in writing, so should he change his mind, am I legally entitled to these certificates?
6. I am so fed up of these "care comapnies" not adhering to the laws and legislations, I am now looking into setting up my own company, I have spoken to the QCQ, my local council and skills for care. I want to see there being care in care! In my contract it stated that should I leave or be dismissed I was not allowed to engage in any company that would rival their company for at least 1 year. Is this deemed an unfair term? Can they legally enforce this? Care is what I know.
Thank you for your time reading this, any advice is greatly appreciated.
I recently started a new job as a childrens services manager for a domiciliary care company. My contracted start date was 5th June, however I completed some adult care calls for the company on the 30th may and the 1st June. During those care calls I found numerous Safeguarding concerns and reported these back to the adult services manager. I was thanked for informing them of these issues. I then spent the next 2 weeks attending train the trainer courses.
This then brought me to last Thursday, I completed my last training course (the company attended my place of work to deliver these courses).
Thursday evening I received a phone call from one of the supervisors stating that a concversation had taken place between her and the adult services manager and due to a loss in adult packages there was no longer enough work to go around and they would be taking over my role thus letting me go!
I immediately contacted the owner who informed me that what I had been told was a lie! The adult services manager felt intimidated by me and felt that I had implied she had not been doing her job properly when I "whistle blew" It was him that used the word whistle blew.
I informed him that what they were doing was infact against the law, to which he said he would speak to the manager anf attempt to rectify the situation.
He then rang me back and said that I could go back to work on Monday, however I was no longer going to be the childrens seevices manager- I was being demoted BUT that was on the condition that I took a back seat and overlooked safeguarding concerns!
I told him that I would need to think about it, I emailed him the next morning and informed him that wether I had been employed as a manager or a field carer I was duty bound to report safeguarding concerns- these were serious concerns that I had raised!
I told him that I was concerned he had asked me to overlook any future safeguarding concerns I might come across and on that basis I would not be accepting the offer of a new position.
Within the email I requested that he confirm to me that I would receive all monies owed to me on the next payday wednesday 28th June.
Fast forward to today, I still have not received a response from that email. I have not even received anything in writing to confirm my dismissal.
I have taken what I believe to be the appropriate steps:
I have contacted the CQC and i formed them of my concerns, they have also passed it onto the local safeguarding team.
I have contacted ACAS who have confirmed that I have a good case and will be completing the relevant paperwork they have sent me.
However I have the following questions:
1. Is the company meant to confirm my dismissal in writing?
2. In my email I forgot to ask them to respond within a certain time frame- silly of me I know but as I had asked for confirmation that I would be getting paid on a certain date, would it be seen as reasonable to expect this confirmation prior to the due date for payment?
3. The owner informed me during the phone calls that he felt embarassed by the way I had been treated, however I noticed that the adult services manager seems to over run him, he was not happy that I had been fired, yet said he felt his hands were tied. Is there anything that I can do in direct relation to the adult services manager? If you knew the safeguarding concerns that I had raised you would understand why I dont feel that she is fit to work in care let alone be a manager- I foind out after raising the concerns that they were a result of failings on her part.
4. I have never been fired before! How badly will this effect me in future job applications?
5. During the phone call with the owner, he stated that he would still provide me with the certificates for the train the trainers that I had completed, I dont have this in writing, so should he change his mind, am I legally entitled to these certificates?
6. I am so fed up of these "care comapnies" not adhering to the laws and legislations, I am now looking into setting up my own company, I have spoken to the QCQ, my local council and skills for care. I want to see there being care in care! In my contract it stated that should I leave or be dismissed I was not allowed to engage in any company that would rival their company for at least 1 year. Is this deemed an unfair term? Can they legally enforce this? Care is what I know.
Thank you for your time reading this, any advice is greatly appreciated.
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