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Advice sought on new Carer's rights - Page 4 - Carers UK Forum

Advice sought on new Carer's rights

Share information, support and advice on all aspects of caring.
Thanks for keeping us posted.

Wish you both every success with this.

x x x
Hi Papasmurph. I am not legally trained. When I was a shop steward this **** discrimination legislation had not been invented.
I am simply considering the case I would have made in these circumstances thirty odd years ago in the light of my own ten years nursing experience.
I think Charles has a good argument and (b) may be a fall back position. But the RCN know what they are about and I am sure her Rep and the RCN legal department will help her get the best settlement possible. Especially if other Trusts are using the same tactics for whatever reason.
best wishes normangardner
WELL WITH ALL THE MELLARKY OF SO CALLED GOVERNMENT LEGISLATION SUPPOSEDLY TO SUPPORT WORKING CARERS THIS IS NOT REALLY WORKING THE NHS TRUST THAT THIS LADY WORKS FOR SHOULD BE ASHAMED OF HOW THEY ARE TREATING HER.

JUST TYPICAL DO YOU ALWAYS HAVE TO GO THE EMPLOYEMNT ROUTE TRIBUNAL TO GET HELP,SUPPORT AND FAIR WORKING PRACTICES.

IN THE NHS THERE SEEMS TO BE MORE BUSINESS TYPE MANAGERS THAT REAL NURSE MATRONS OR SENIOR SISTERS FORM THE OLD SCHOOLFOR EG HATTIE JAKES TYPE FIGURE OF A MATRON PROPER ONE THAT IS.

WISH THIS LADY ALL THE BEST DONT GIVE IN TO THE ABUSE FROM THIS NHS TRUST IT SHOULD NOT BE ALLOWED.

KENNETH2DUNDEE
Good luck papsmurph in your pioneering fight. I am sure many Trades Union members, not least members of the RCN would be interested in your case.
best wishes normangardner
Thanks Rosemary and Norman my wife does appreciate the support that she has been given on this forum.

Kenneth2 ..we too are hoping they are ashamed...interestingly enough her manager apparently went asking for union support at the first opportunity...just the thing she didn't want my wife to have!!!! As far as having to go the Employment Tribunal route is concerned I fear that increasingly that is the only way that impartial decisions will be taken, but of course there will be collateral damage on the way. It's all down to how resiliant one wants to be or is able to be to fight the injustices and having the means to fight them ie Legal Expenses cover.
Thought I would share this bit of good news with you all.

I have just heard from our solicitor. Mrs Coleman has apparently received a positive judgement in the European Court and the Legislation is intended to protect against Associated Discrimination.

Full Judgement to be received tonight and I will have it tomorrow.
FOI

The Court concludes that the directive must be interpreted as meaning that the prohibition of direct discrimination laid down therein is not limited only to people who are disabled. Consequently, where an employer treats an employee who is not himself disabled less favourably than another employee in a comparable situation, and it is established that the less favourable treatment of that employee is based on the disability of his child, whose care is provided primarily by that employee, such treatment is contrary to the prohibition of direct discrimination laid down by the directive. With regard to harassment, the Court adopts identical reasoning and concludes that the relevant provisions of the directive are not limited only to people who are themselves disabled. Where it is established that unwanted conduct amounting to harassment is suffered by an employee in the same situation as that of Ms Coleman, such conduct is contrary to the prohibition of harassment laid down by the directive.


Full judgement here (but not until after midday apparently) http://curia.europa.eu/jurisp/cgi-bin/f ... f=C-303/06
Good luck to your wife, papasmurf.

I will be watching with great interest, as 12 years ago, I had to give up nursing for percisely that reason. I worked two nights a week, and the stress of constantly being told that it would be compulsory to do days and nights, added to the fact that my mother and chief support in my caring role had just died, left me an extremely emotional weeping mess. My GP advised me to go on sick leave , and while I was sick, was harassed at home , and asked to hand my notice in. I know now, I shouldn't have done it, but it was the only way I could see to be rid of the harassment.

I have no idea why the NHS want to make life more difficult for their staff. Night duty is not an easy option. I was told one thing after I finished. I wish I had known before. My contract was with the Health Authority, not the Trust,and as such, they had to abide by the rules of the Authority, which would have allowed me to stay on nights. As you rwife has been working for so many years, perhaps her contract is also Authority, and she may have those same rights. It is worth a look! Image
Good result!

Hope it strengthens your case, papasmurf!
You can read Carers UK's response to the Sharon Coleman judgement here:
http://www.carersuk.org/Newsandcampaign ... 1216292374
I have just read through the above topics surely after the sharon coleman case tribunal won which entitles the fulltime carer to be able to work flexi time.

I am annoyed that Sharon had to go to the brussles and the european parliament to get any help at all with her job problems and shrons rights to look after her disabled son.

You all all know my feelings this whole CARERS ISSUES AND THE TREATMENT WE ALL THROUGH DAILY IS SHEIT SORRY FOR THE PUN.

That is the jest of it the NHS of all people should understand the role of CARERS who work and trying to do both with the best intentions.

I do heope this lady nurse does get her day in court or tribunal if that is where it is heading would the sharon coleman case be used as case evidance as to the ruling under the auspices of Working Carers right to care directive.

Not sure but most definately worth the fight on principle.

kenneth2dundeenow fife