Is it illegal for my boss to fail to tell me of family emergency?

[kminnell]

I've been working as a home carer for the last 4 months. Friday my mother tried to phone my mobile (it's broke) to let me know that my son has had an accident at school and needs to go to hospital. Because she couldn't get hold of me she rang my employer to tell them to contact me. My employer failed to let me know because they wanted me to finish my shift. I had rang my mother before my shift ended and as soon as I heard my son had an accident. I phoned up my employer and told them 'once again' what I thought about them and went to my son. Now because I didn't finish the last 30 minutes of my shift on Friday this week I've only been given me 12 hours when I'm a single mother and they know I need at least 16 hours. What they did failing to inform me of my sons accident (he's 14) is it illegal?

I don't know if it is illegal, but certainly immoral.

I would suggest it is a breach of the mutual duty of trust and confidence implied into every emplyment contract. But I am not an employment lawyer and will leave it to someone better qualified than me to comment.

Whatever you do, communicate with them by email.

You want it in writing that:

a) they withheld information from you about your son's accident

b) They reduced your hours as a result of leaving your shift 30 mins early to deal with a dependent emergency

I know nothing about employment law, but I do know that getting things in writing is a very good idea.

Are the lesser hours this week to do with leaving early last week or just because there's not much work at the moment?

Why did you call your mother whilst on duty?

Agree they shouldn't have withheld it but if it was a minor accident and you only had 30 minutes left at work - can maybe see your employers thought process.

It's not illegal for them not to pass on messages, no.

They certainly should have done morally, absolutely. However as it was your mother that rang rather than for example an A&E doctor or something, they probably thought your son was in the care of someone competent and appropriate rather than on his own or anything, and took the view that it wasn't enough of an emergency to require you to leave work. Obviously I say that without knowing how serious your son's condition was.

Wrong of them, yes, but not illegal and you can possibly see their thinking, certainly.

Don't focus on their failure to pass on the message too much. If they are reducing your hours (ie you would have been working 16 otherwise) because you took 30 minutes unpaid leave for a dependent's emergency, that's what to focus on. Is the reduction of hours within your contract and have they said it was for taking emergency leave?

Yes if I have a dispute with office they punish me by giving me less hours for example I went to clients home about 2 months ago and he was very ill/weak and in a lot of pain and needed 2 people to assist him, so I phoned office and asked them to send someone else and they refused and said I will have to do myself...even though it's against carers policy and health and safety. I couldn't leave him in the condition he was in so I had to help. I hurt my back badly and as a result off work for 2 weeks and got nothing but crap from them. Phoning me all the time to work, when I did go back to work they give me again 12 hours. This happens a lot not just with me but all the carers.

They knew my son needed to go to hospital they did not know why because school hadn't said to my mother (his kneecap come out of it's socket when he fell). My mother explained she did not have a car to pick him up and that she can barely walk herself. I phoned my mum because I'd missed several calls from her, I was between clients. I always check my phone between clients just in case office phones me.

I'm sorry but I can only focus on office failures, cause they fail every day to do what is right. Vulnerable people being left without care and medication because the office can't do their job right and then they phone the client and make them feel like they are a burden so clients accept it etc...

What do you want to do kminnell? They are behaving unacceptably in several ways, do you want to raise a grievance?

There is another angle to this. kminnell is a parent, with parental responsibility. kminnel's mother does not have that responsibility, so if her son had required a parental signature/authorisation at the hospital, her mother could not have signed anything. And doctors will not act without that authorisation in some cases. It may not have been illegal to pass on the message, faillure to do so could have been a lot more serious for the child.