I was attacked today at work.(95 Posts)
I started working for a new company on Tuesday officially but they have been making me do mandatory, unpaid training for around the last two weeks, which they are charging me for but refuse to give me the certificates for.
I went into the clients house for the first time on Wednesday and did a shadow shift, I had been told that he was non-violent and when he was violent he would damage property or himself (punch himself in the head) rather than attack anyone else.
I then found out that on Monday he had attacked two female carers, one of which was not happy to return to the service.
On Saturday I did my first shift, he receives 2:1 care during the day and 1:1 care from 7pm onwards.
On Saturday he attacked me twice, first he punched me in the side of the head and then he punched my throat as we got out of the car.
I phoned the On Call and informed them that he was aggressive, he then burst into the room where I was hiding and came over to me, fortunately he just gave me a hug but as my colleague pointed out, he was unable to prevent the man from coming into the room because there is a strict 'no restraining' policy in place in the service.
We asked for an additional member of staff to come the following day, because he had fixated on me through the evening even after PRN medications and was obviously unhappy.
I arrived at 9am on Sunday morning and the client was obviously distressed, about 10 minutes after he had eaten breakfast, he launched himself at me and began pulling my hair out and thumping me. Fortunately my colleague ignored the 'do not restrain' order and pulled him off me, I hid in a bathroom for five minutes and then went to call the On Call again.
As I came out of the bathroom, the client grabbed me by the throat and pinned me up against the wall, I have bruising and scratch marks across my neck and chest where he grabbed me. My colleague pulled him off me again and told me to get in the bedroom and hold the door shut while the client kicked the door trying to get in. I phoned the On Call and they said that they would 'try' and send someone else out, I said that is good because I was leaving, they then told me that if I left it would be gross misconduct and I would be sacked. Given that a girl is already suing them for negligence I thought they had quite a nerve telling a bleeding member of staff that they could not leave a service, despite the client clearly continuing to attack them repeatedly.
I left and have spoken to the police who recorded my injuries. I am very shaken up and worried about tomorrow. Could do with any sort of legal advice and some hand holding if possible.
You don't have to decide either way on the litigation right now. Why not just sit on that for a couple of weeks then see how you feel? Don't do anything hasty either way right now.
Have just read your first post and no further so forgive me if you have provided updates. I am sure others have given great advice. I have been attacked at work several times. Once concussed/whiplash following kick to head. Your managers have a duty of care. All injuries must be reported/recorded. Forgotten the appropriate organisation responsible... RIDDOR ringing a bell. It is a legal requirement. Make sure a paper trail has been started. Feel free to PM me. Thinking of you.
Okay they are providing me with my certificates, not all of them because they can't do three until next week (probably) so will have to wait.
I think I am going to cancel the litigation, it just sounds like a lot of stress and fuss and really I just want to be working again.
I am actually going to speak to an employment lawyer later on but I am also going to phone the operations director with the understanding that she will be completely on my side and understand why the sheer belligerence and the pressure from the company so far is completely exacerbating any stress I might be feeling as a result of the attack.
Yes it must be upsetting.
From experience I know that issuing certificates can be a PITA, but really no reason why they can't give you the cert and keep copy themselves.
They are BU, but if you end up with copy + email I think you will be fine - make sure you print the emails off! Your new employer may even accept just the email.
Try speaking to ACAS again for advice?
I think what is really upsetting me, and why i am awake at gone 11, is the 'if you do this we might give you some of your certificates. It's like they know i am vulnerable and they are trying to use it to their advantage! Its disgraceful behaviour.
Copies of the certificates should be ok surely? Copies still provide evidence that you have done the training.
I think the issue they will have is that i have an email here stating that the fee is waived and the certificates are mine.
They are now telling me that I will only receive copies of my certificates and not the originals, which are pretty pointless to me really.
What possible reason would they have for keeping them and how can they LEGALLY keep them? I have not authorised that and they are in my name!
Thats a good idea, I could possibly say that to the big boss who I plan to phone tomorrow to ask why, if my certificates are not available and my training is as yet 'incomplete' how am I working in the community? Surely the certificates are there to be inspected if necessary? Or is this another example of the company cutting corners and having people working who have not technically finished their training.
The certificates are all from in-house courses, I cannot understand how it can take any more than a press of a button to 'complete' them.
I would say that on receipt of your certificates you will attend an incident report meeting. Then collect your certificates and don't attend the meeting if you don't want to. You can state at that point that you will not be attending because trust has been lost towards the company.
Since speaking to the Social worker, who was aghast that the company had not asked for an incident report to be filled in, I have received an email telling me that 3 of my certificates are still 'outstanding' and I will not be able to collect them, yet all of the certificates were done in house?
They are also insisting that I go to a 'post incident meeting' with the woman who told me that this guy was non-violent in my interview and to fill in an incident report (clearly because of what the social worker has said)
My problem is that the incident report starts with a load of cobblers about how the company understand that even with the highest H+S quality, incidents do happen etc etc
I don't want to put my name to it frankly.
Secondly I do not want to sit in a room and be lied to by the people who have previously lied to me, I really don't want to but they are basically saying that I will not receive my certificates unless I have this meeting with them!!! I have told them I need to take legal advice on that matter.
I have asked them which of my certificates are outstanding and what the hold up is.
I have submitted an incident report directly to the social worker, in light of this do I NEED to send one in to the company?
Just spoke to the social worker, what an infuriating woman!
Well done Worried, am so glad you've found alternative work - fingers crossed it all comes off.
Message deleted by MNHQ. Here's a link to our Talk Guidelines.
I should be careful there stooshe, while you may be entirely accurate I would ask MNHQ to remove your reference to a specific care provider and pm op instead - potentially libelous/slander (whichever refers to written).
Sorry, I cant help with the legalese of this case. Is the company that you work for called Sevacare?
I was a care worker and I will say this. The care companies take advantage of their workers on a grand scale. Underpaid, cutting corners, employing people who work for two companies at a time (thus fucking up schedules and having people do a two person job, because normal humans know that it is wrong to leave a pensioner who is not able to bear their own weight lying in their own shit in their shitty bed). people moan about abusive care workers, but in the money making, non caring care industry in this country, somebody, not necessarily the client is always getting abused.
To anybody without children or only on their first. I'd think long and hard about your mortality if this is the country that you choose to remain in for the rest of your life. Care work showed me that it is definitely not only the elderly that are treated like shit,over here.
Oh Worried, I have just read the whole thread. I take my hat off to you. You have been so professional about this: I am truly in awe of anyone like you and Ledkr who do such amazing work, with patience and kindness. You deserve to be paid 10 times what you no doubt are paid.
I am very at these employers. I used to work in a home for elderly people who had a few minor MH issues, but nothing on this scale and we did hours of work ensuring that our clients and staff were as well protected as they could be.
Not every employer is like this.
Let us know how you get on.
Yes it did take real guts. And I hope on some level the experience stands OP in good stead to be promoted in time, since they have proved able to challenge bad practice - the profession needs more people like OP.
I have spoken to the CQC at length about the incident and about the ones preceding them and she will already have contacted the company in question. She took it all very seriously.
I have also found alternative work! They are able to accept my certificates so the whole thing might not have been the big waste of time that I feared it would be. They are still being a bit shaky about when they are going to send the certificates, but I need them tomorrow so I've told them I will go to the office to pick them up and given them the option of me going in the morning or afternoon to collect them.
That way I can hopefully start work in the next week or so.
I might phone acas in the morning but i doubt it is illegal as another company i am applying to have the same system.
Glad inspector was on the ball, and that you are at least getting your certificates. They sound like a shower of shit, tbh, putting both clients and employees in danger.
Did you ask ACAS about the 'mandatory unpaid training' you are being charged for? I doubt that that is legal under employment law...
Well done worried you have tried to protect everyone.
Honestly there are so many care companies out there that are run correctly and do care for their staff as well as clients. I hope you find something soon.
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