"She's going to have a go at you tomorrow"

[Sexyeyes83]

I work as a senior carer for a company with 20 staff and two managers. The two managers work in the local office with the MD working in a seconds office 60 miles away.

 

I have a young child who's at school so when I got the job back in November 2007 it was on the understanding I would need to be semi-flexible with my hours (I work Mon-Fri school hours, as well as some evenings and weekends, when my partners not working.)

 

Last week I worked Mon-Fri and was scheduled to have the weekend off. When the company is short they phone around staff to see if they can cover any extra hours, and as long as my partner isnt working then I normally agree.

 

On saturday I received a phone call from manger2 saying they were short and wanted me to cover some calls. My partner was at work (he works abroad staying over night) and I had planned to go round a friends house so our kids could play and then have dinner. When I received the call I wasnt at home and 20 miles away.

 

I advised manager2 that I wouldnt be able to help out and she said " Can your friend not look after your little one while you come back and do the calls?" The calls were only 2 hours long and as I wasnt at home and had plans I advised that we had planned the day to take our kids out and that I wouldnt be able to help out today. Her words were "well obiviously your social life is more important then your work".

 

Back at work yesterday I tried to advise my manager1 what had happened but all she said was "I dont know the way she spoke to you" and then carried on with her work. Manager2 that spoke to me on the phone on Saturday is back int he office tomorrow after being on annual leave. Before I left to go home tonight the manager1 said "Manager 2 is back tomorrow and she might have a go at you, maybe you should apologise. She is also going to write a report up about this" She also said "All senior staff should be available if need be on their days off"

 

Now im alwasy willing to help out when they are short, which is quite often due to the amount of staff taking time off sick (they have no sickness policy), however this was my day off in which I had made plans. It just seems so unfair that tomorrow im going to get told off for not dropping my child off with a friend and working on a day I wasnt scheduled too.

 

Many staff oversleep, phone up saying they dont want to work that day and generally make life for the other carers very difficult, however due to the poor management, nothing ever gets done. I have suggested we introduce some kind of sickness policy however this idea was rejected. I have a long list of problems as a senior member of staff, but no-one seems to listed.

 

I need to speak to the MD about this, as he is the next person above the two managers, however he is on holiday at the moment and not due back till next week. The company also has no greivance policy in place.

 

Im dreading going into work tomorrow. Im really looking for some advice as I know that they will both shout at me as thats their normal way of dealing with staff.

 

Please help.

[MrShed]

What does it say in your contract regarding working hours etc?

[Sexyeyes83]

What does it say in your contract regarding working hours etc?

 

Not a lot. The contract is very very short.

 

"Working hours of the company run from 7am to 10.30pm Monday to Sunday. You will be required to work within these parameters. We endeavour ro provide you with a minimum of 25 hours per week. However, there are times when this is not possible due to the nature of the service that we provide"

 

That week Mon-Fri I had already worked 33 hours.

[MrShed]

Thats a BLOODY strange contract, and concerns me - so what you are saying is that you have no minimum working contracted hours?

 

If that is the case, I am slightly worried about your legal position as an employee - this sounds almost like a temporary staff member or, even worse, a "contractor".

[ErikaPNP]

Ok, first off.... I am guessing your contract may state something along the lines of "cover additional shifts as required" - HOWEVER - if you are not pencilled in to work that day and it is effectively your day off, ie you are not on call then it is your right to refuse to go into work on that day, as that time is your time off.

 

Based on my assumption, I would say that your manager had no right telling you to arrange childcare, asking for an explanation OR making a comment about your social life being more important than your work (me personally, I wouldn't have been able to resist saying "Actually my time with my child is AS if not MORE important than my job, and refered to a family/work life balance). If you have a day off and you decline an extra shift you are under no obligation to offer an explanation as to WHY you can't go in, or to arrange your life around it. It's your time.

 

OK, re the grievance. No matter where you work, you have the right to raise a grievance, if there is no policy, there is a standard procedure which applies. See here: Grievance procedures: the standard three-step procedure : Directgov - Employment

 

My opinion is that as you readily cover shifts usually, you are an easy target. It may also be worthwhile reminding your employers the next time they tell you to ask your friend to childmind that all people looking after children under eight years of age for two hours or more that are not the parents or a close relative must be registered childminders. In other words, unless your friend is a registered childminder, her babysitting your daughter for you to attend work is illegal. It sounds crazy but it is true.

[MrShed]

It may also be worthwhile reminding your employers the next time they tell you to ask your friend to childmind that all people looking after children under eight years of age for two hours or more that are not the parents or a close relative must be registered childminders. In other words, unless your friend is a registered childminder, her babysitting your daughter for you to attend work is illegal. It sounds crazy but it is true.

 

 

Really???!??!

 

Do you have any links to that legislation?

[Sexyeyes83]

Ok, first off.... I am guessing your contract may state something along the lines of "cover additional shifts as required" - HOWEVER - if you are not pencilled in to work that day and it is effectively your day off, ie you are not on call then it is your right to refuse to go into work on that day, as that time is your time off.

 

Based on my assumption, I would say that your manager had no right telling you to arrange childcare, asking for an explanation OR making a comment about your social life being more important than your work (me personally, I wouldn't have been able to resist saying "Actually my time with my child is AS if not MORE important than my job, and refered to a family/work life balance). If you have a day off and you decline an extra shift you are under no obligation to offer an explanation as to WHY you can't go in, or to arrange your life around it. It's your time.

 

OK, re the grievance. No matter where you work, you have the right to raise a grievance, if there is no policy, there is a standard procedure which applies. See here: Grievance procedures: the standard three-step procedure : Directgov - Employment

 

My opinion is that as you readily cover shifts usually, you are an easy target. It may also be worthwhile reminding your employers the next time they tell you to ask your friend to childmind that all people looking after children under eight years of age for two hours or more that are not the parents or a close relative must be registered childminders. In other words, unless your friend is a registered childminder, her babysitting your daughter for you to attend work is illegal. It sounds crazy but it is true.

 

Many thanks for your reply.

 

Nope, it says nothing about extra hours in my contract. I typed exactly what is says under "Hours of work" in my contract a few posts above, but I think you was replying at the time.

 

To give a little more insight, I started as a carer and the position of senior carer become available so I went for that and was accepted. The additional postion of Admin assistant became available so I went for that also, so as well as being a senior carer, I also work in the office Mon-Fri.

My actual duties involve mainly working in the office, however attending clients houses to conduct reviews. In my current position I shouldnt be going out doing care work, But I do daily as they are so short staffed for the following reasons -

 

No sickness policy - people text in that their sick and not coming into work. They dont even have to phone.

 

People deciding that they dont want to come into work, no reasons provided, they just text in that their not doing it. An example being one weekend when manager2 took a lot of the staff out drinking. One sent a text message at 3am saying they will be too hungover so wont be coming into work in the morning, and one member of staff going round to clients houses still drunk from the night before. believe it or not but theres never any comeback.

 

Now shes going to write a report up on me for not agreeing to do extra work. If she had asked the day before, I would probably have altered my plans so I could have helped out, but phoning up and giving me one hours notice when I was already busy seems very harsh.

 

Ive really had enough. Im going to speak to the MD about this as he's the next level of managment, but he's on holiday.

[ErikaPNP]

Really???!??!

 

Do you have any links to that legislation?

 

 

sure.

 

The Children Act 1989

 

It's across the UK. If the child is under 8 and being looked after for more than two hours by someone who is not a parent or close relative, the person has to be registered with the appropriate body. Ofsted in England/Wales and The Care Commision in Scotland.

[MrShed]

Rep left Erika - thanks!

[ErikaPNP]

Many thanks for your reply.

 

Nope, it says nothing about extra hours in my contract.

 

In my current position I shouldnt be going out doing care work, But I do daily as they are so short staffed for the following reasons -

 

No sickness policy - people text in that their sick and not coming into work. They dont even have to phone.

 

People deciding that they dont want to come into work, no reasons provided, they just text in that their not doing it. An example being one weekend when manager2 took a lot of the staff out drinking. One sent a text message at 3am saying they will be too hungover so wont be coming into work in the morning, and one member of staff going round to clients houses still drunk from the night before. believe it or not but theres never any comeback.

 

Now shes going to write a report up on me for not agreeing to do extra work. If she had asked the day before, I would probably have altered my plans so I could have helped out, but phoning up and giving me one hours notice when I was already busy seems very harsh.

 

Ive really had enough. Im going to speak to the MD about this as he's the next level of managment, but he's on holiday.

 

Okay dokie, do you have evidence of these incidents, or text messages? Because they would come in very useful in fighting your corner.

 

Send a grievance letter to the MD, mark the envelope "restricted". To be perfectly honest, I think they have got so used to you saying "yes" that now you have said "sorry, no can do", they've decided to play dirty tricks. Let her write the report, because that will also count as evidence in any greivance you raise, just do not sign anything. Signing something more or less ok's it, or says you agree with it. What's she going to put in the report anyhow? That you refused to work on a day you were entitled to have off? That you exercised your employee rights? Possibly just an empty threat tbh. The manager1 said "I don't know how she spoke to you" - equally, you have that on your side too. Nobody actually knows the content of that phone call except you and manager2, so her "report" doesn't really have a leg to stand on.

[Sexyeyes83]

Thank you.

 

All the text messages are stored on the "out of hours" phone which we have to take it in turns to have each week. None of the messages get deleted so they will be on there to view.

 

I'll start writing up a letter detailing all the incidents and theres many more and address it to the MD. A lot of stuff ive ignored such as manger2 coming into work at 11am each day whilst manager1 is on holiday, yet putting her hours down as 9am.Im not sure whether to include everything such as that, as the MD currently has no idea how bad things are. Your right and it could be an empty threat, ive heard he talk to other staff saying "Im going to make a report about this and you'll get the sack" when they have done nothing wrong.

 

She is a really poor manager and manager1, who is supposed to be above her is too worried to say anything. Around 4 members of staff are currently off work with stress or depression, which considering we only have 20 staff is quite a lot. She talks to you like your a piece of rubbish if she cant get her own way.

[ErikaPNP]

What she is doing can be construed as bullying and intimidation. I would include everything, but make sure you can back it up with either willing witnesses or evidence.

 

I worked in the care sector years ago, we had a senior member of staff who was a bully. She had managed to upset so many staff over the years, but she always seemed ok with me. Until I returned after maternity leave. The manager couldn't work with her anymore, so she left and the woman got her job, all of a sudden I became her pick. When I got pregnant again it got worse, she would have me doing things a pregnant lady should not do, but I rarely grumbled as it got to the stage where I would do anything she asked just for an easy life. For some reason it seemed to irritate her that I didn't bite. I finally flipped the day she laid her hands on me when I challenged her for refusing to allow me time off to see my midwife. Her attitude I could just about deal with but she crossed the line when she got physical.

 

I raised a complaint, and you know what? Just me, one person standing up saying "I'm not having this" was enough for 8 other members of staff currently employed and a further 3 who had left because of her to come out and complain as well. There was a huge investigation. She was more or less told "Resign or be sacked" - and so she left. Not before arranging a leaving do, to which nobody turned up to.

 

What I am trying to say is that if other members of staff are finding your manager intolerable, perhaps all they need is someone to make a stand and maybe, just maybe they will follow suit. With a grievance, it's all meant to be kept "hush hush" but well, gossip travels, doesn't it?

 

Good luck, let us know how you get on.

[Sexyeyes83]

Thank you.

 

Ive just filled out a job application for anotehr care company as they way things are going I can really see the branch I work for closing within the next six months. The work they have jsut isnt gettign covered because of all the problems so its being handed back to social services who are not best impressed.

 

Im still going to follow all the advice regarding the grievance though. It might be too late for myself, but hopefully it might make things a bit better for other staff.

 

I will keep you updated.

[MrShed]

On a slightly off topic note, my company has a very large care and support arm(indeed, we are the largest care provider in the UK to my knowledge), primarily care out with clients from vulnerable backgrounds(battered wives, learning difficulties etc). If this is the kind of care you provide, I can nudge you in the direction of our vacancies, we always have a LOT of care and support roles going?

[Topsy27]

sure.

 

The Children Act 1989

 

It's across the UK. If the child is under 8 and being looked after for more than two hours by someone who is not a parent or close relative, the person has to be registered with the appropriate body. Ofsted in England/Wales and The Care Commision in Scotland.

 

So what about when your under 8 child goes to a friend's house to play for more than two hours or vice versa? Does this mean you're breaking the law?

[Lula]

not quite, The act says

To offer care for children aged 0 to 8 years old for a reward and not be registered with Ofsted this is illegal minding

 

[patdavies]

Duplicate post

Edited September 17, 2008 by patdavies
Duplicate post

[patdavies]

sure.

 

The Children Act 1989

 

It's across the UK. If the child is under 8 and being looked after for more than two hours by someone who is not a parent or close relative, the person has to be registered with the appropriate body. Ofsted in England/Wales and The Care Commision in Scotland.

 

Only if they are paid for it and it takes place at the childminder's premises - so babysitters are not ouitlawed.

[ErikaPNP]

Yes, I am aware of that. That is why the link is there. Perhaps I should have made it more clear, but thank you for clearing that up.