The advice thread for random problems #4

[littlepup]

They are, they have a new female in working so basically want him out an are throwing false allegations around, he only got told today he's to go tomorrow which I thought you needed 48h notice as it's left us basically little to no time to get anything sorted



I know, my papa an great aunt had it, but the thing is, he's not aggressive in any way, he has the very very start of it which is more forgetfulness but only when you ask him something an he's not fully paying attention an he then forgets, I know myself when it comes to cooking which is his job he's still fully all there, he still can remember recipes an cook from scratch, they take the absolute piss out him because he won't say no to them

This is also the same place that harassed him constantly on the phone to cover shifts when it was his day off then when I kept putting the phone off they had random staff members show up to our private home address looking for him to go in, he barely gets a day off cause as soon as they ask he won't say anything an just goes in to cover them

I honestly don't know what the procedures are with this place, it's a care home, an this is all going to be a case of their word against his, they done this with another male at the work months back

Is it privately owned? He should ask for a written copy of their staff disciplinary procedure, dispute resolution procedure and his contract or statement of employment (Scroll here to “written statement of employment”, this is required by law https://www.charliehr.com/blog/do-all-employees-need-a-contract-of-employment/amp/)
They mightn't have these, it seems like they’ve broken GDPR rules by turning up to his private residence so not clued up on HR, but it’ll be a good indication of what you can do from your side, how sewn up they have things.
They can’t discriminate against him for anything dementia/age related, that’s against the law so if he needs someone to attend the meeting because his memory may be flawed, they have to allow it or you can be straight on them for discrimination.

If he’s genuinely done nothing wrong, the law is absolutely on his side, you have to advocate for him and make them realise he’s not going to be a push over. However, If you get the impression they really want rid of him and he’s not prepared to fight or purse a legal claim, he can ask for a payout with the agreement to leave and take it no further. They might find that preferable than the threat of legal action resulting in costs plus a payout. I believe somewhere between what he’d get as redundancy pay and 6 months wages plus unused annual leave pay is what you’d aim for.
It might not be what he wants but it’s better than being forced out by malicious claims that he can’t prove wrong and having nothing.

Call the ACAS helpline first thing if you haven’t already. They’ll give you everything you need.

 

[Snippysnips]

Is it privately owned? He should ask for a written copy of their staff disciplinary procedure, dispute resolution procedure and his contract or statement of employment (Scroll here to “written statement of employment”, this is required by law https://www.charliehr.com/blog/do-all-employees-need-a-contract-of-employment/amp/)
They mightn't have these, it seems like they’ve broken GDPR rules by turning up to his private residence so not clued up on HR, but it’ll be a good indication of what you can do from your side, how sewn up they have things.
They can’t discriminate against him for anything dementia/age related, that’s against the law so if he needs someone to attend the meeting because his memory may be flawed, they have to allow it or you can be straight on them for discrimination.

If he’s genuinely done nothing wrong, the law is absolutely on his side, you have to advocate for him and make them realise he’s not going to be a push over. However, If you get the impression they really want rid of him and he’s not prepared to fight or purse a legal claim, he can ask for a payout with the agreement to leave and take it no further. They might find that preferable than the threat of legal action resulting in costs plus a payout. I believe somewhere between what he’d get as redundancy pay and 6 months wages plus unused annual leave pay is what you’d aim for.
It might not be what he wants but it’s better than being forced out by malicious claims that he can’t prove wrong and having nothing.

Call the ACAS helpline first thing if you haven’t already. They’ll give you everything you need.

Thanks, we are giving acas a call the now, as far as am aware it's privately owned but I don't know if they are in a type of partnership with someplace, it's not a Bupa or NHS I know that, I did contact the quality care commission about breach of privacy when they showed up to our door but haven't heard a thing

I'll get him to ask for copy's of the disciplinary as well, so far they didn't give the 48h warning to get prepared to bring a proper rep so all ready this is going wrong, it wasn't even 24h notice, meeting is today at 11am an he got the letter yesterday afternoon

 

[littlepup]

Thanks, we are giving acas a call the now, as far as am aware it's privately owned but I don't know if they are in a type of partnership with someplace, it's not a Bupa or NHS I know that, I did contact the quality care commission about breach of privacy when they showed up to our door but haven't heard a thing

I'll get him to ask for copy's of the disciplinary as well, so far they didn't give the 48h warning to get prepared to bring a proper rep so all ready this is going wrong, it wasn't even 24h notice, meeting is today at 11am an he got the letter yesterday afternoon

Good luck to him and you today x

 

[Snippysnips]

Good luck to him and you today x

Thank you very much x

 

[stargirl23]

Thank you very much x

Best of luck xx

 

[Snippysnips]

Best of luck xx

Thank you very much, the wait to see how it went is becoming more stressful than the whole thing x

 

[stargirl23]

Thank you very much, the wait to see how it went is becoming more stressful than the whole thing x

Hardest part but just tell yourself you’ve done all you can now in the meeting and your dads not the one in the wrong xx

 

[Snippysnips]

Hardest part but just tell yourself you’ve done all you can now in the meeting and your dads not the one in the wrong xx

Thank you, he's done now an it seems them being friends with the management has it's benefits, they wouldn't really listen to him an am really angry he didn't have a witness in with him either, it was a them Vs him with no one to defend him, they didn't give him a copy of the meeting either an said they would "type it up an send it" which am also not happy at as they could then change it to suit themselves

 

[stargirl23]

Thank you, he's done now an it seems them being friends with the management has it's benefits, they wouldn't really listen to him an am really angry he didn't have a witness in with him either, it was a them Vs him with no one to defend him, they didn't give him a copy of the meeting either an said they would "type it up an send it" which am also not happy at as they could then change it to suit themselves

Call acas they’re usually really beneficial in this! Minutes of meetings should be typed up there and then so they should prove the document was not edited/saved and sent to you at a later date. I’m so sorry your dads having to go through this unfairly xx

 

[littlepup]

Thank you, he's done now an it seems them being friends with the management has it's benefits, they wouldn't really listen to him an am really angry he didn't have a witness in with him either, it was a them Vs him with no one to defend him, they didn't give him a copy of the meeting either an said they would "type it up an send it" which am also not happy at as they could then change it to suit themselves

Be sure you’re taking notes of times and dates of everything. Sounds as though they’ve already breached standard rules.
Did they explain the disciplinary procedure and give him a copy, explain what’s next?
What did ACAS say?

 

[Snippysnips]

Thanks, we did call ACAS this morning an they said to try an get copy's of things but of course his work hasn't bothered handing him the copy's, I don't know when we are getting the copy of the meeting but we are taking notes of everything including this that he didn't get a copy of the meeting given while he was there, they didn't exactly call this a "disciplinary" they said it was a "investigation" so am not sure if they have said that so they can get off the hook with what they are doing

I just feel sorry for him, he's been in the food industry since he was 15 working in restaurants then was on the rigs for about 30 years, working his ass off an sacrificing so much to give us a better life an now its all turning to tit at the end of his career life cause of this care home

Am going watch yt tutorials on how to start a channel, am hoping I can convince him to retire an do yt as a little hobby, I think he just doesn't want to not work so refuses to give this place up even after all what's happening

 

[becca7721]

Quick question, if youre blocked on someone’s phone does that mean calls/texts are still delivered/charged? (Background long story bottom line is it was a misunderstanding, have sought advice from independent third partly who confirmed this). I’ve tried asking for a call to discuss, text and left message and been charged, but have heard nothing. I don’t know their device details.

Thanks!

 

[stargirl23]

Quick question, if youre blocked on someone’s phone does that mean calls/texts are still delivered/charged? (Background long story bottom line is it was a misunderstanding, have sought advice from independent third partly who confirmed this). I’ve tried asking for a call to discuss, text and left message and been charged, but have heard nothing. I don’t know their device details.

Thanks!

You’ll be charged for the call/text but it won’t be delivered to the person who’s blocked you

 

[becca7721]

Ok. Thank you!

 

[Piamia]

Hey guys please could I have some advice.

Just for context I’m single, in a 2 bed flat,
no washing machine or freezer & no tv.

Since the 2nd of Feb my electricity usage has apparently increased. With no change in the home, only small fridge plugged in & wifi box as usual.

I topped up £10 Saturday and it went off the meter the next day.
On the Sunday I wasn’t home all day but ovo said I used £6 electricity?????

The meter is suddenly taking £5-10 each day and my usual usage is around £1 a day.

Yesterday I turned off all plugs and it still used £1.26 in the 3H & KWH went up.

Today I turned the house off at the fuse box and no change in the meter.

Ovo are saying they’ll send someone out to check the meter, BUT if there’s nothing wrong with it I pay £150! - which obviously I can’t afford.

I want to know if you guys think the meter is faulty or not.
Could someone have hacked me?
Why has there been a sudden increase of usage but I’m 3 appliances down since Xmas!

Please help guys I’m having a breakdown! Xx.

 

[stargirl23]

Hey guys please could I have some advice.

Just for context I’m single, in a 2 bed flat,
no washing machine or freezer & no tv.

Since the 2nd of Feb my electricity usage has apparently increased. With no change in the home, only small fridge plugged in & wifi box as usual.

I topped up £10 Saturday and it went off the meter the next day.
On the Sunday I wasn’t home all day but ovo said I used £6 electricity?????

The meter is suddenly taking £5-10 each day and my usual usage is around £1 a day.

Yesterday I turned off all plugs and it still used £1.26 in the 3H & KWH went up.

Today I turned the house off at the fuse box and no change in the meter.

Ovo are saying they’ll send someone out to check the meter, BUT if there’s nothing wrong with it I pay £150! - which obviously I can’t afford.

I want to know if you guys think the meter is faulty or not.
Could someone have hacked me?
Why has there been a sudden increase of usage but I’m 3 appliances down since Xmas!

Please help guys I’m having a breakdown! Xx.

I had a similar issue a few years ago, my smart meter suddenly went to £400 for the month and it was mid summer so I was out most days and no heating on I rang octopus and the meter had broken and the dial that gives readings is constantly going up looking like I’ve used it all but I’ve not. They’ve changed the meters and since then I use about £4 per day in the winter and £2-3 in summer. Sounds like a broken meter in my opinion but obviously I’m no expert. Have you tried telling them you’re struggling and can’t afford the £150 but you know there must be an issue as you’ve never had such high charges and your usage hasn’t suddenly increased. I hope you get it sorted! Xx

 

[Moth]

@Snippysnips - hopefully you have already picked this up from ACAS etc but the disciplinary process should go like this:

1. employer investigates what happened - this can include meeting the people involved.
2. if the employer decides that formal disciplinary action is required they should write to you to explain what you've done wrong (in enough detail to allow you to prepare a response), give you a time and date for a meeting to discuss the problem, let you know that you have the right to bring a colleague or union rep to the meeting.
3. the employer can't take any disciplinary action before the meeting
4. at the meeting you should be given time to set out your case - you can present this verbally or in writing (or both)
5. after the meeting the employer should tell you in writing what they have decided
6. you must be given the opportunity to appeal their decision

It sounds as if your Dad is only at stage 1. The employer might decide not to take it any further.

Hope this helps.

 

[Snippysnips]

@Snippysnips - hopefully you have already picked this up from ACAS etc but the disciplinary process should go like this:

1. employer investigates what happened - this can include meeting the people involved.
2. if the employer decides that formal disciplinary action is required they should write to you to explain what you've done wrong (in enough detail to allow you to prepare a response), give you a time and date for a meeting to discuss the problem, let you know that you have the right to bring a colleague or union rep to the meeting.
3. the employer can't take any disciplinary action before the meeting
4. at the meeting you should be given time to set out your case - you can present this verbally or in writing (or both)
5. after the meeting the employer should tell you in writing what they have decided
6. you must be given the opportunity to appeal their decision

It sounds as if your Dad is only at stage 1. The employer might decide not to take it any further.

Hope this helps.

Thank you for this, I'll take a note of it an keep it handy, right now he's off on stress for the week then after his week it will need to be doctors lines which he was at the doctor's today an they were happy to do

We have also found out his contract states he's not to do any cooking alone which they have been leaving him to do (he was a head chef on oil rigs but he's only a kitchen asst at this home) so again taking advantage of him not saying no to them, so we are putting that down as well since he's been doing cooks work but on a kitchen assts wage

 

[Moth]

Thank you for this, I'll take a note of it an keep it handy, right now he's off on stress for the week then after his week it will need to be doctors lines which he was at the doctor's today an they were happy to do

We have also found out his contract states he's not to do any cooking alone which they have been leaving him to do (he was a head chef on oil rigs but he's only a kitchen asst at this home) so again taking advantage of him not saying no to them, so we are putting that down as well since he's been doing cooks work but on a kitchen assts wage

My advice would be that if his employer does start a formal disciplinary process, your Dad should confine his response to the accusations made against him. Unless he can show that they have a bearing on the accusations I don't think he should introduce other issues that he is unhappy about. I get that it's tempting to 'fight fire with fire' but I don't think it helps. I appreciate it can difficult but it's best to approach the issue as calmly as possible.

Once this is over he can raise the things that he's unhappy about separately. He should do this informally at first e.g. by speaking to his line manager etc. but if this doesn't resolve the problems he could raise a formal grievance.There is information about this on the ACAS or Citizens Advice websites.

 

[Snippysnips]

My advice would be that if his employer does start a formal disciplinary process, your Dad should confine his response to the accusations made against him. Unless he can show that they have a bearing on the accusations I don't think he should introduce other issues that he is unhappy about. I get that it's tempting to 'fight fire with fire' but I don't think it helps. I appreciate it can difficult but it's best to approach the issue as calmly as possible.

Once this is over he can raise the things that he's unhappy about separately. He should do this informally at first e.g. by speaking to his line manager etc. but if this doesn't resolve the problems he could raise a formal grievance.There is information about this on the ACAS or Citizens Advice websites.

Thanks, I know it is hard to stay calm in all this an he is doing better than I am cause I just want to go in there, we are going get him to citizens advice this week as well an see what they can do for us, right now we have to wait on the notes from the meeting coming back to us, he wasn't handed the notes on the day as they said it needed typed up then given which I didn't think was fair as we don't know if they will change anything, it will probably be monday now before we get the notes an it was Thursday his meeting