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Employment Law Case Study
The Problem
The manager of a care home phoned her Legal and Employment adviser. She had recently employed a night care assistant. As part of her role she was expected to provide care and assistance as well as carry out cleaning and ironing duties. It was clear that after a couple of weeks she was not doing this, and a client complained that she had not been attended to when she had pressed the service buzzer.
The Solution
The manager contacted Lloyds Law, and her Legal and Employment Specialist advised her that this needed to be dealt with quickly and in accordance with the company’s contracts. The manager met with the night care assistant who said that she was working during the day so was tired at night. The manager was advised that there were working time implications for the company, and that the employee needed to stop her day time employment if she wanted to continue working for the care home. The night care assistant refused to because she needed the money, and Lloyds advised terminating the employment. The manager was unsure as to how to take this forward so Lloyds advised her on every step making sure that she was compliant with her own policies and procedures.
The night care assistant sought legal advice and took- ultimately unsuccessful- legal action against the care home. The care home had purchased the Legal Expenses Insurance so Lloyds were able to do all of the preparation and represent the care home in the Tribunal. This support ensured that the manager’s time wasn’t spent dealing with the tribunal process and paperwork, and could remain focused on the day to day operation of her business.
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Lloyds Employment Law Consultancy Ltd is an Appointed Representative of ITC Compliance Ltd who are Authorised and Regulated by the Financial Services Authority.
Lloyds Employment Law Consultancy Ltd is registered with the Criminal Records Bureau as a Registered Body.
Lloyds Employment Law Consultancy Ltd is registered with the Criminal Records Bureau as a Registered Body.
