AIBu To think I can’t just walk out of hospital to suit my employer

[Blueberrydreams]

I am a carer
We are a small team of 4 caring for one lady. Her family employ us. One member of staff left six months ago and they decided not to replace her and they have no bank staff even thought it’s been recommended to them on many occasions by the agency that takes care of all the HR. She needs someone 24/7 though a day a week that is family members the staff all work around 40 hours a week.
One of the staff is on long term sick and we have been really stretched and struggling. again no move to get bank staff.

I was admitted to hospital 2 weeks ago with a bad infection. I thought I was better and went back to work last night.

The sister of the lady said how they had struggled to cope without me last week and she nearly had a breakdown.
Anyway fast forward to tonight and about 4pm collapsed in pain and am now in hospital on antibiotic drip and morphine pump.

My partner rang the sister and told her I would not be for night shift and why. The sister was lovely with my partner but then sent me a text saying I needed to come in later in the night once the hospital had controlled my pain as I am needed and she wants me in 6am at the latest to help with the morning routine
I am currently on a ward in immense pain, weeing blood and just want to ignore it or text something back rude

Don't tell her you're home. Don't communicate with her at all.

Ok do not tell your that woman you are home. Ignore any calls or txts but keep txts.
Do not under any circumstances go back to work early. This is probably why you ended up so ill in the first place. Do you want a repeat?

As soon as poss contact the agency who do HR and tell them everything and forward the texts to them. Say you will not be going back to that particular family again. They can find you somewhere else where you will be treated properly.
If they won't most care agencies are always looking for good staff you should be able to get a job with them. Just do not put yourself in this position again for anyone.

Take it easy let your dh look after you for a while.

I've never read such a vile nasty response from an employer in all my life.

OP I hope when you get home, you seriously reconsider this position, if you are obviously able to do so. I know it's not always that easy.

Please take care of your own health above and beyond anyone else, you need to be well.

I'm assuming you are in Britain. If you don't already belong, I'd recommend you join Unison. Sounds like you may need them.

How long have you worked there, and why do you not get sick pay?
The way you are being treated stinks op, don't hurry back !!!

OP hopefully you are home and can take some time to rest and recover now and look for another job in peace.

@Puzzledandpissedoff I went to see a friend in hospital recently and couldn't remember the ward. The front desk did give me her ward details but only after I had told them her full address and date of birth - info which I guess crazy employer woman would have access to, sadly.

Do not go to work until you are properly well.

You do not owe your employers a duty to sacrifice your health to save them time and money.

They need more staff. They are failing to employ enough people in order to save money but this is not your problem.

And no one can give 48 hours notice of being ill, nor arrange cover - the family need to pay an agency to do this work.

Their problems are not your problems, when you have problems of your own that you can't help. don't go back darker than you should.

If you want to keep your job then tell her what ward you are on. If she turns up then say you aren't up to visitors. She won't actually want to stay anyway. She's just checking your story.
If you aren't bothered about keeping the job then tell her where to go.

Sooner

please dont tell your employer that you are home, take the time you need to recover and rest, especially if you are on oramoprh.

rest, recover and take some "me" time

Hope you get better soon

Ah - thanks, @MyOtherProfile; glad to hear they ask for something. It's not ideal, but better than just handing out info willy nilly I guess

FWIW I also wonder about this "ask the staff to refuse so-and-so entry" if they try to get into the ward. How are they expected to know what so-and-so looks like? I've got visions of "Wanted" posters all over ward receptions, but no doubt they have a better system I've not thought of?

I hope you can get some sleep tonight

If you are now at home, dont tell your employer! You need to protect your space and get some proper guarded rest, how can you heal and care for yourself other wise?!

(PS for when you are well and not before (!!): are you in London? I’m always looking for lovely carers, see my previous post!

PPS I can’t believe you don’t even get paid any sick leave??? That’s not because you’re a direct employee of a family/ service user, that’s because they are shit! What happened to err, ethics and the law, such as it is?! Sick leave, holidays, pension etc ... I hate zero hour contracts etc, they dehumanise people.

Not engaged at all.

Back in hospital as pain got worse. Got a text about an hour ago saying I need to come in tomorrow or I am sacked. She does not know I am back in hospital I have just no engaged at all.

Wow! If you can afford it I’d be inclined to let her sack you and then take her to a tribunal for unfair dismissal. She’d have brought it on herself.

What a stone arsed cold and ignorant bitch she is. Please excuse my language, I'm thinking a lot worse.

Make sure you keep those texts - screenshot them too, and forward the pictures to your email address - because you may need proof.

I hope you feel better soon, and when you’re up and about I’d be consulting an employment solicitor. Some will give half an hour's advice free - I did this and it was very useful.

Poor you Blueberrydreams
Hope they are on top of the pain by now.

Well done for ignoring her. Keep the txts and once you are better email them all to.the agency and complain like heck. Claim unfair dismissal, harassment and threatening behaviour, illegal adding to terms of contract and constructive dismissal. Agency will be quick to cover thier arse and hopefully take it up.with her in no.uncertain terms. She will be lucky to get any carers from them at all.
If she pays your wages she cannot sack you when you are in hosp. If agency pays you they need to have a good reason to sack you and that's not one of them.

Take it easy and keep ignoring her. Get well soon.

Protect yourself send a text, email and answerphone message saying you have been hospitalised otherwise you may be breaking t&C's of contract and shell have you over it by the sounds of it xxx

She already knows op is in hosp she just didn't know she was home for a few hours. She has no right to.harass her or threaten her with dismissal for not leaving the hospital to go to work.

I'd be tempted to message back saying I was still in hospital and would be contacting an employment lawyer regarding harassment if she doesn't leave you alone.

This is madness you poor thing.
Can you block her number for now ?

She cannot just sack you like that! As an employer, she has procedure that she needs to follow,

This is an excerpt from a website that gives advice on employment law

Statutory minimum disciplinary procedures
By law, at present there are certain minimum steps that must be included in a disciplinary procedure - these are known as the 'statutory minimum procedures'. Your employer’s disciplinary procedure should include the following steps:

a letter setting out the reasons or reasons why they are considering disciplinary action
a meeting to discuss the issue
a disciplinary decision
a chance to appeal this decision
If your employer dismisses you without following this process, then if you make an unfair dismissal claim, the dismissal will normally be 'automatically unfair'. You normally need at least a year's service before you can make an unfair dismissal claim.

Block and do not engage

When you feel up to it, go find yourself an employment lawyer