Job Issue, Advice wanted please
Discussion
Every employer has a duty of care to ensure the well-being of its employees, most of which is enshrined in law and I cannot for the life of me think that there is any situation that would permit an employer to require an employee to remain effectively locked up alone for any period time.
I would advise you to seek out and go see an employment solicitor. Most will give an initial free consultation. What you have described is an appalling breach of the employers duty of care and whilst I'm no legal eagle, would imagine there's a serious case to answer here.
Assuming your employer is ultimately the NHS, I would imagine that given the facts you've described, there would be no shortage of lawyers willing to take on something like this on a no win no fee basis. Your case would be strengthened further if any of your colleagues were fro come forward to make a claim too.
I would advise you to seek out and go see an employment solicitor. Most will give an initial free consultation. What you have described is an appalling breach of the employers duty of care and whilst I'm no legal eagle, would imagine there's a serious case to answer here.
Assuming your employer is ultimately the NHS, I would imagine that given the facts you've described, there would be no shortage of lawyers willing to take on something like this on a no win no fee basis. Your case would be strengthened further if any of your colleagues were fro come forward to make a claim too.
StevieBee said:
Assuming your employer is ultimately the NHS
Correct 
You have confirmed the thoughts that were going around in my head I'm not sure whether the guy that works opposite nights to me would want to get involved (He's a very very strange chap, but agrees with my points, so you never know), but I know ward staff and a few other people that would certainly back me up and make statements.
Edited by James_N on Wednesday 22 January 11:42
First off, sorry to hear about your health troubles.
Frankly, you're better off forgetting about constructive dismissal if you have something to move on to - while you've invested a lot of yourself in there for what seems like no recognition, you'd be better focussing on the new job and your health. In short, don't be bitter about it.
Work your notice, stay on the extra fortnight only if you have nothing to go to, and keep it all as pleasant as possible.
Then, drop them in it from a great height. Documented conversations of you raising your concerns and being fobbed-off (eg, email trails) are very useful for this situation.
Finally, sit back and watch the fallout, knowing that you have done the right thing.
Frankly, you're better off forgetting about constructive dismissal if you have something to move on to - while you've invested a lot of yourself in there for what seems like no recognition, you'd be better focussing on the new job and your health. In short, don't be bitter about it.
Work your notice, stay on the extra fortnight only if you have nothing to go to, and keep it all as pleasant as possible.
Then, drop them in it from a great height. Documented conversations of you raising your concerns and being fobbed-off (eg, email trails) are very useful for this situation.
Finally, sit back and watch the fallout, knowing that you have done the right thing.
shtu said:
First off, sorry to hear about your health troubles.
Frankly, you're better off forgetting about constructive dismissal if you have something to move on to - while you've invested a lot of yourself in there for what seems like no recognition, you'd be better focussing on the new job and your health. In short, don't be bitter about it.
Work your notice, stay on the extra fortnight only if you have nothing to go to, and keep it all as pleasant as possible.
Then, drop them in it from a great height. Documented conversations of you raising your concerns and being fobbed-off (eg, email trails) are very useful for this situation.
Finally, sit back and watch the fallout, knowing that you have done the right thing.
I have nothing to move onto. I know it might seem stupid handing my notice in with nothing to move onto, but that is just how fed up I got of the place, and the management. I have a few outings coming up (WEC in Belgium and Le Mans) so I will wait until that's over before I look for something else.Frankly, you're better off forgetting about constructive dismissal if you have something to move on to - while you've invested a lot of yourself in there for what seems like no recognition, you'd be better focussing on the new job and your health. In short, don't be bitter about it.
Work your notice, stay on the extra fortnight only if you have nothing to go to, and keep it all as pleasant as possible.
Then, drop them in it from a great height. Documented conversations of you raising your concerns and being fobbed-off (eg, email trails) are very useful for this situation.
Finally, sit back and watch the fallout, knowing that you have done the right thing.
I have enough cash to tide me over in the meantime. My notice period is done and dusted (finished last week).
I usually get rid of the numerous emails and such, but I do have some emails and minutes from meetings that will come in very handy
Thanks
I am inclined to agree. I add that by giving notice you affirmed the contract. On the facts you have described I would not rate your chances of a successful constructive dismissal claim as very good. Others may think differently. I can only express a view based on 27 years practising employment law, so I might be wrong.
One angle that you might raise is reasonable adjustment to accommodate disability, but even there you could and should have pursued an internal grievance.
One angle that you might raise is reasonable adjustment to accommodate disability, but even there you could and should have pursued an internal grievance.
Edited by anonymous-user on Thursday 23 January 06:36
Siscar said:
Your situation is one where the remedy should be to lodge a complaint and take it through the grievance procedure.
Was tried by a colleague. Again things just seemed to move nowhere. Changes were promised then everything brushed under the carpet.Breadvan - Many thanks for your post. I have decided to go and see my solicitor next week. I have nothing to lose now anyway.
All i really want is for them to accept changes need to be made, and to stop fobbing us off with excuses. It wont make any difference to me but it will might help my colleagues, who are also at the end of their tether.
The reason they won't get 2 working at night is because its fairly quiet. Our department doesn't want to pay for 2 people to work at night when there is little going on. The suggestion keeps cropping up that staff from the wards could come and cover us for breaks, but that would mean training all the ward staff to do what I do, and numbers are low enough on the wards anyway, so its just not possible.
Edited by James_N on Thursday 23 January 10:17
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