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

One solution to have your partner contact the HR providers and tell them what's been going on.

Even beyond how cheeky and unacceptable it is to harass you in a hospital bed, her employers insurance wouldn't cover you if you try to work when you haven't been deemed fit for work.

I have worked in a similar set up where we initially were asked to cover our own absence, but the policy changed when it became clear that people sick enough to miss work are too sick to arrange cover.

Ive worked in care and never heard of anything like this. The 48 hour thing is laughable, something I've never come across in any work place. Can't say I'd believe someone who told me they were expecting to be ill in two days time.

Ignore this person op and concentrate on getting better. Considering how stretched hospitals are there is no way you'd be admitted unless it was necessary. Your employer must know this and I can only guess are trying to guilt/threaten you into easing the pressure on them. It's stress you really don't need right now.

You are not a robot and it's not your job to carry the weight of this. If staffing levels were ample then things like this could be managed. I feel for them as it sounds like things are stretched but it's not fair to take that stress out on you.

I'd definitely be keeping all those messages. There's no way they can legally sack you for this.

Blueberry I hope you feel a lot better very soon.
This is horrifying!
When you are better and settled in your new job, it might be worth contacting the safeguarding lead somewhere - social services? - as they are clearly endangering the person you care for by not engaging an adequate number of staff and trying to make them work when they are sick.
I hope you have worked there for over a year then you can do them for unfair dismissal.

You need to leave this horrible job and look after yourself!!! Op rest and forget them.i dont agree with law bit but think you win as that text is awful

Get yourself a sick note. If your in hospital no doubt its because you went back too soon. Lifting a person to meet their needs will cause further injury to yourself. You are not fit to be in work so get signed off. Then I suggest looking for another job or requesting to move to another patient.

This would be laughable if it wasn't your health we're talking about.
Her behaviour is just appalling.

personally I wouldn't block as you need the messages for proof if she does fire you - and even if she doesn't. I'd mute her if possible though? Or just keep your phone on silent for a while.

Hope you feel better soon, you come first no matter what!

She is the worst! For her sister surely she doesn't want someone in who isn't on top form? Sadly she appears to show - trying to run care on little - to be more about the money than the care. Her poor sister.

I think you should focus on yourself and your recovery, and try not to worry about this for now. There is no way you are fit to work so nothing to discuss and this is not your problem to solve. You have told her the situation and there is nothing more you need to do except forward your fit note.

Keep any messages/texts for now and you can then look into your rights and make decisions (she has behaved despicably and you may well have redress) once you are better.

Maybe text something like "your employer's insurance wouldn't cover me if I attempted to work whilst certified unfit for work, so you would end up personally liable if such an attempt made my health worse which it inevitably would. It is really not a good idea. I will be available for work as soon as my doctors advise me it is safe."

Yes, what Uhare suggested, but I think that you should add that you are back in hospital.
Her behaviour is so far beyond unreasonable that it's a joke.

Wtf? So you work in care and the boss doesn't know how to care for her employees. Is there someone above her you can complain too?

It's a family set-up, Tesco.

Keep all the texts, let her sack you and then file an unfair dismissal claim. That will hopefully teach them a lesson!

How dare she treat you like this! You care for her relative you aren’t her slave! Let her sack you and hopefully you can take her to an employment tribunal I’m sure there’ll be someway you can bring home to her that this behaviour is disgusting.

You won’t be short of work but she may never get another carer as dedicated (and it would serve her right!)

Let her sack you.

OMG I am in shock that she sent that text - although judging by other texts I shouldn't be.
OP, please try not to let this get to you - just look after yourself & get better. As plenty of others have said, there are other jobs and with better employers I am sure!
Get better soon

I agree with a few others - let her sack you (you’ll be well shot of her!) and then get a lawyer and take legal action for harassment she breaking employment law. She won’t stand a chance.

@Caledoniahasmyheartforever that must be an old website because it's been 2 years minimum since at least 2014

I think that the similar thread a month or two back was where that other OP was being expected to do insane hours to cover absent colleagues and was being unfairly treated and spoken to badly by the grandmother of the child she was caring for. Can't remember how it turned out and can't find it now on AS.

I see in my crystal ball a win on an employment tribunal in your future and a nice wee payout after your sacking! Let them sack you and you have them bang to rights for unfair dismissal.

I'd just text her saying "I quit". I really feel for you, this is shocking.

Wouldn’t it be easier to work for say a care home? This set up is very intense and your employer sounds nuts!

Let her sack you.

Keep all her texts. Don't erase them.

Even though you probably won't get a penny out of her since she is a private individual, she needs to be educated and an unfair dismissal tribunal is a very good educational environment. Plus dealing with it would cause her a lot of inconvenience.

Wishing you a diagnosis of your pain and a speedy recovery.

There are other carer jobs out there. You won't be unemployed for long.

@Blueberrydreams So sorry to hear that OP but your story isn’t uncommon. I’ve got epilepsy and have had 3 episodes of status (continual seizures) this year. The worst one was 9 seizures in a few hours, intubated and in intensive care. My work wanted me back ASAP even though I was back (probably too soon) after 3.5 weeks. My mum’s friend’s daughter has breast cancer and her work were calling her on the cancer ward whilst she was having chemo asking when she was going back to work. It’s terminal now.

How are you doing? @Blueberrydreams