Urgent: need a lawyer, can't pay, Carer

[Mary Connell]

I worked for eight months for a care company. Usual stuff: no training; work not paid for; poor management; and ripping off clients.

Can someone recommend a good solicitor who would do this pro-bono. I'm not after money - just justice for my clients and me.

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As I understand it, my only legal course is to sue for working below the minimum wage but the issues are much, much bigger than that.

[Amethyst]

Re: Urgent: need a lawyer, can't pay, Carer

Have you raised your concerns (over the training / ripping off clients) as a whistleblower at all ? http://www.cqc.org.uk/contact-us/rep...e-member-staff

Did you leave or were you dismissed from the company ? And had you raised concerns before you left ?

[Peridot]

Re: Urgent: need a lawyer, can't pay, Carer

Hi Mary,
This may help give you some pointers https://www.citizensadvice.org.uk/wo...roblem-at-work
and I would also contact the ACAS helpline here: http://www.acas.org.uk/index.aspx?articleid=1410

[Amethyst]

Re: Urgent: need a lawyer, can't pay, Carer

The other threads posted back in May I assume are directly related to this one?

Just linking so we can easily find the background a little.

http://legalbeagles.info/forums/show...g-minimum-wage
http://legalbeagles.info/forums/show...w-minimum-wage

I am domiciliary care worker on zero hours contract. I work many, many hours unpaid because the time allocated and paid for by social services is inadequate. I am wondering if there might be a legal case to prosecute the agency/social services for paying BELOW minimum wage? For example, today I visited a client and was paid for A 30 minute call but had to stay there for two hours otherwise the client would have been in left in pain, distress and covered in excrement. The office was informed I couldn't leave. My argument is, if I am paid minimum wage for half an hours work and end up having to work for two hours, surely I am not being paid the minimum wage. Has anyone ever looked at this legal loophole into the injustices of zero hours contracting with regards to health care workers?

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

Dear Beagles, thank you for your response.

I have contacted HMRC, via ACAS, regarding this. I was on the phone to them for about an hour. The only trouble is, they cannot start investigations until October because the Government is undergoing a thorough review of working practices and payments of zero hours contract. They also told me not to tell anyone else.
The problem is, I am left in limbo.
Yes, I raised my concerns about NMW while working for the company - in fact I am, technically still working for them even though they have refused to give me any work.
They've also been diddling national insurance contributions, I am sure.
I shall be contacting the CQC, although I doubt they will offer much help for the clients either.
Again, thank you for your support. If nothing else, it does help not to feel alone when scared.
x

[Peridot]

Re: Urgent: need a lawyer, can't pay, Carer

It is so frustrating and worrying for you. I don't know if you could contact your MP about it? Maybe someone on here could confirm if this would be an alternative option?

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

It is so frustrating and worrying for you. I don't know if you could contact your MP about it? Maybe someone on here could confirm if this would be an alternative option?

Spoke to Acas again. Basically, I'm on my own. The most awfully wrong thing is that I have blown the whistle on this and government agencies will do nothing. So, I am going to the press. Have no alternative. Scared but they have backed me into a corner. The government agency supposedly there to stop below NMW exploitation cannot even begin to look into my case until October. Thanks again, X

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

Peridot, thank you, but given our local MP is a Tory I doubt he'd be interested. As ever, many thanks and love. X

[Amethyst]

Re: Urgent: need a lawyer, can't pay, Carer

Have you spoken with the CQC ?

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

yes, the same caseX

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

CQC is a different matter. One of my clients contacted them and they were not interested in her predicament, so they certainly would not be interested in mine. However, I now need to report fully to them, even if they do nothing with it.
Just astounded that HMRC will not act on my complaint about NMW or NI concerns.
Feel alone. Thanks for being there my dears.

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Having palpitations and not sure if it is fear or anger so I shall lay down. Very upset. Again, thanks .x

[Mary Connell]

Re: Urgent: need a lawyer, can't pay, Carer

Got a response from a company called Slater and Gordon. Not interested, even though I said they could keep any money they won. It's not about that, even though I have bugger all now.

[Guest]

Re: Urgent: need a lawyer, can't pay, Carer

Got a response from a company called Slater and Gordon. Not interested, even though I said they could keep any money they won. It's not about that, even though I have bugger all now.

Slater & Gordon seem to more interested in cases where there is a significant payback. Plenty of ads on TV selling their services.

[Diana M]

Re: Urgent: need a lawyer, can't pay, Carer

I have blown the whistle on this and government agencies will do nothing. So, I am going to the press. Have no alternative.

Never underestimate the power of the press.

Perhaps after some public noise is made those who've shown disinterest may have to rethink.

This link was on one of your other threads. It's a story from a national newspaper about a legal case won to get travel etc accepted as part and parcel of pay for work done by carers.

The story includes comments by the lawyer who fought and won the case so maybe that would be a start since they said (last year) that they were interested in hearing from other carers in a similar situation.

The firm is not a recommendation by me, I'm simply re-posting something that was on Legal Beagles in May and thinking the newspaper may be interested in following up that story with your situation. They may not, but it might be worth a try.

Here > http://www.independent.co.uk/life-st...-a6936406.html

I wish you good luck with this.

Di

[Guest]

Re: Urgent: need a lawyer, can't pay, Carer

Slater & Gordon seem to more interested in cases where there is a significant payback. Plenty of ads on TV selling their services.

Not the best write up for a business seeking clients, but then Slater & Gordon were never the best!