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Advice on being suspended - Carers UK Forum

Advice on being suspended

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Hello I'm looking for some advice and I'm not sure if this is the place I need to be for it as I'm not sure if this is a foral just for people who care for a family member or friend etc.

However I work for a caring company and recently been suspended after an allocation was made against me. Even though I know I did nothing wrong I understand that they have to follow a certain procedure. I have only been working for the company and few months and I'm also a first time carer and I'm only 19 too.

I got supended 4 weeks ago now and it has been sent to the local safeguarding board to deal with it.

Should I be worried that its been 4 weeks and I still haven't heard anything and is there anything I can do to speed up the process because I need to be back at work

Thank you in advance
Molly x
Hello Molly

I'm sorry to hear of your situation, but you are right this is a forum for those caring for relatives/friends in an unpaid, non-professional capacity. I regret that we are unable to advise you and would suggest that you contact your Union (Unison ?) or ACAS for advice.

Kind Regards
Forum Moderator
Molly, definitely join a union - they are 'on your side' and should send an experienced and trained representative to whatever 'hearing' you will be subjected to, or whatever happens next.

I'm sorry your first experience of care work has been this upsetting. Did you receive proper training from your agency, because if you didn't, then they should not have sent you to that particular assignment without either adequate training, or sufficient supervision from a more experienced member of staff.

Don't let yourself be scapegoated.

This is a horrible thing to have happened to you at this young age, but please do NOT let it 'scar' you, whatever the outcome.

The bottom line is that the UK does NOT have anything like enough care-workers, so you are VALUABLE! The agency will not want to lose you - recruitment is hard.

That said, this might be a 'sign from God' (!) that care-work is not for you. At 19, the whole world is before you, and there are SO many opportunities for you!

If the worst comes to the worst, and you end up being disciplined, tell them to go stuff themselves and walk out, head high!
Hi Molly, great advice there, rotten start but sometimes these things happen for a reason so onwards and upwards.
People keep mentioning unions for care workers on here but I don't think there are any in our industry.
In the old days local authorities used to employ care workers directly so they were local government staff and therefore ale to join Unison. Those days are long gone and certainly round here all the care work is contracted out so staff work directly for care agencies who then contract with the Local Authority.
If anyone knows different let me know .
Unison fits the bill :

https://www.unison.org.uk/get-help/know ... y-workers/

Agency and temporary workers: an introduction

Recruitment agencies use agency workers (often referred to as temporary workers or ‘temps’) to fill vacancies in companies. Recruitment agencies place workers with a hiring company. You will have a contract with the employment agency, which may or may not amount to a contract of employment depending upon the circumstances.

The agency that finds work for you will provide you with a contract with them for any job they help you secure. Generally the hiring company pays a fee to the agency. You are then paid by the agency, not the hiring company.

Agency workers play an important role in providing flexibility for businesses. For agency workers, the benefits include the ability to:

leapfrog to the job you want;
enter or re-enter the job market;
work flexibly;
move jobs with little notice.

Your rights as an agency worker

Agency workers have different working rights from employees.

The company that hires you can end your job without being liable for unfair dismissal claims or redundancy pay. You should always check your contract for the notice period you have to give.

Read more about unfair dismissal claims and redundancy pay.

All workers, including agency workers, are entitled to certain rights, including:

paid holiday and rest breaks;
the national minimum wage;
protection against unlawful deductions from wages;
freedom from discrimination provided that you are an employee of the agency which is not always the case;
protection under health and safety laws;
freedom to take a permanent job with the hiring company if one is offered.

Recruitment agencies’ responsibilities

When an agency offers you a position with a company, they must tell you the company’s name and give you information on the pay rate, position and start date and likely duration of the placement and details of any expenses payable by or to you, as well as any health and safety risks involved.

An agency cannot:

prevent you from leaving the agency to work for a hiring company;
change your terms and conditions without your consent;
charge you for finding work (except in the entertainment, sports and modelling industries);
disclose information about you without your permission. There are some exceptions to this.

When it comes to payment, agencies must pay workers for all the hours they work, even if a timesheet was not submitted. The agency must pay you even if the hiring company has not paid the agency.

Agency working law

The main principle of the Agency Workers Directive is to give equal treatment to someone who has been with the hiring company for 12 continuous weeks – as if the worker had been recruited directly by the company – in respect of certain basic working conditions, such as pay and working time.

Next steps for UNISON reps

If an agency worker raises a grievance against your employer because they have been treated unfairly, be prepared to accompany them to a workplace disciplinary or grievance hearing.
The safeguarding board ought to have guidelines as to timeframe.

If you were working for an agency I would have thought they should have offered some form of initial supervision and training on the written agency policies and procedures, and that training to have been documented.
Even more reason for a trade union like Unison to be involved ?

Love 'em or hate 'em ... trade unions have some uses ... ?