Unfair dismissal?
Sensual Lettuce
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Right I will keep this short and keep the important details.
I work in a mental health resident home as a support worker. One of our residents is an alcoholic, he does not have a mental health illness and is not under the mental health register. So in theory he shouldn't be there.
Over the last few months, he has gone out, binge drinked and got completely ratarsed and takes out his drunken agression on staff and other residents, which he scares.
We have given him many warnings about this, got the big bosses to come down and speak to him, and basically been told "one more strike and you're out". We are allowed to kick him out, as he is not mental health.
So today he gets drunk and gets verbally agressive. He is given 28 days notice to leave the premises and for his care manager to find him a new place to stay. This is when he started being threatening to staff, including me. He got up in my face "You ****ing ponce, be a ****ing man once in your life you poof" etc etc He was obviously close to swinging for me but lucky left the premises. He also threatened another member of staff too, even worse then me.
So me and my friend have said we won't be coming in as we don't feel safe around him and for our own health and safety. I was told by my deputy manager (who was there in person, and speaking to the manager over the phone), that we didn't come into work "we would be sacked."
So basically we don't want to come into an environment where we feel threatened, intimidated and for me could be assaulted as he was really gunning for me.
So if this situation were too happen, do I have a case for unfair dismissal? Because I don't feel safe in my work environment and don't want to come into work before the man leaves the premises, I could be sacked. I have spoken to my dad and fellow workers and they say I have a case if I do get sacked. As I need warnings etc, go through the system right?
Advice please?
I work in a mental health resident home as a support worker. One of our residents is an alcoholic, he does not have a mental health illness and is not under the mental health register. So in theory he shouldn't be there.
Over the last few months, he has gone out, binge drinked and got completely ratarsed and takes out his drunken agression on staff and other residents, which he scares.
We have given him many warnings about this, got the big bosses to come down and speak to him, and basically been told "one more strike and you're out". We are allowed to kick him out, as he is not mental health.
So today he gets drunk and gets verbally agressive. He is given 28 days notice to leave the premises and for his care manager to find him a new place to stay. This is when he started being threatening to staff, including me. He got up in my face "You ****ing ponce, be a ****ing man once in your life you poof" etc etc He was obviously close to swinging for me but lucky left the premises. He also threatened another member of staff too, even worse then me.
So me and my friend have said we won't be coming in as we don't feel safe around him and for our own health and safety. I was told by my deputy manager (who was there in person, and speaking to the manager over the phone), that we didn't come into work "we would be sacked."
So basically we don't want to come into an environment where we feel threatened, intimidated and for me could be assaulted as he was really gunning for me.
So if this situation were too happen, do I have a case for unfair dismissal? Because I don't feel safe in my work environment and don't want to come into work before the man leaves the premises, I could be sacked. I have spoken to my dad and fellow workers and they say I have a case if I do get sacked. As I need warnings etc, go through the system right?
Advice please?
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However, it could be different depending on how long you've been working there. I believe you have to be there for one year before you have the right to take an employer to tribunal over unfair dismissal (I had a friend who was unfairly dismissed two weeks before he'd been at a job for a tear and there was a real issue as to whether he could take it to tribunal).
In your contract there are certain things that can be used to issue 'instant' dismissal - say you were caught stealing, drinking on the job etc.
For you - if you refuse to come in without a proper reason - it could be the case that your employer could instantly dismiss you. However in this case it doesn't seem reasonable for you or ANY of the staff to be put in this situation - if this person is not actually supposed to be there.
If you really and truly can't face going into work because of this situation you could ask your doctor to give you a sick line - because basically you would not be lying if you said that the stress has made you unable to work?
It's not ideal though - the manager's really should be dealing with this situation not you.
However, this is much more complicated as it appears that your employer is failing to protect you from harm.
Is the care home private or NHS? Regardless, it will come under some regularly authority and they will be duty bound to protect other patients and their employees from harm.
Surely worse things than this have happened to you in your line of work? How have you handled them in the past?
Is he in a controlled area? Can you only go near him if you have someone else with youi? Has a risk assessment been done on him and his care? I suggest you ask for it to be re assessed?
He's an alcoholic and all he cares about is getting drunk. All the staff are sick of him, and it's really bringing down the atmosphere of the house. Nobody feels comfortable around him.
Got an update from my friend, apparently the big bosses have overruled and said he is gone now!!! No 28 days notice, he has been kicked out for good and police are to be called if he attempts to return. Will find out more tomorrow.
As this is a residential place I would presume that there is plenty of documented that there was a problem with a resident.
Exactly what I said! But according to my deputy manager, we have a duty of care for clients. True, but what about the duty of care for staff? Should that go out the window, just because I need to risk my health and safety and care for a drunken violent arsehole then?
Basically, if you and your colleague had phoned in sick for the next seven days with stress, there would have been little your employer could have done - the fact that you told them you were not intending to attend work is where you went wrong.
I would advise that you do attend work, and work as normal, but on the first occasion of any problems from the drunken individual, either escalate the matter immediately to senior management on H&S grounds (and refuse to treat or assist the individual) OR involve the police if he is particularly threatening or violent.
Did all this start in "the last few months"? What was he like before that? Did something happen then?
I really feel a professional should talk to this man, and try to find the causes of his conduct.
We have been giving him tons of support, AA meetings, offers of counselling, rehab etc. He has been given many, many chances of help but he refuses to take it as he thinks he doesn't have a problem. He is not a very nice guy either, even when sober he is a very nasty person to be with. The reason he is still in the home is because he knows can get away with his behaviour because the manager keeps giving him chance after chance and he takes advantage. He apologies, promises to not do it again, and then he's pissed again the following week! Don't feel sorry for this man, we have tried to help him but he has refused it each and every time.
Plus the fact the other residents are scared by his drunken antics, some have even locked themselves in their rooms! The staff can't handle him anymore as he is very agressive when drunk. He shouldn't be there as he isn't mental health. For him it's like a hotel where he can do what he pleases.
I texted my friend and apparently he has not returned since last night. Hopefully this is the last time we see him. His stuff is being packed up and posted to his daughter I believe.
I agree with this. I suggest that you and your colleague write to your employer and explain very calmly and professionally (citing incidents and dates) why you feel at personal risk from this man. Just as importantly stress that this is counterproductive to the mental health and well-being (and safety if you think that is the case) of other residents.
You say this facility is privately run? Out of interest, is it run by a housing association or another charity? Even if it is privately run it will have some sort of funding (possibly local authority under the supporting people programme?). This will make them accountable. If so, there are various routes you can explore.