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Too unwell to attend capability hearing, job changes forced me out, total nightmare

108 replies

WorkNightmares · 02/12/2023 08:47

Will try to keep this as brief as possible but it's complicated and I'm stuck in a nightmare. Have name changed as it's very outing but must include details so it makes sense...

I work as a PA for a disabled person (lets call them Sarah) funded by Direct Payments from social care. Sarah has a very severe physical disability. I'm one of a team of 6 who provide personal care, do housework etc. We're all on part time contracts but expected to be potentially available from 7am-11pm, 365 days a year. (Actually, point to note - potential new starters (job has high turnover) are apparently allowed to be unavailable certain days, which doesn't seem to apply to everyone.) I've worked in this job just under two years.

I have autism (diagnosed as an adult) which I disclosed at interview. I don't have problems reading body language or other "obvious" traits but I do struggle. This has been a very difficult year for me in various ways, and unfortunately work has majorly contributed to that.

I ended up having two months off sick in the summer after reaching complete (autistic) burnout - the first couple of weeks I couldn't really hold a conversation or eat properly or anything. I also struggled with suicidal ideation.

I returned to work and had to deal with a harsh/antisocial timetable as well as a very upsetting meeting where I felt overwhelmed and unable to speak up for myself. I managed to continue for a while and thought it was going to be ok but have ended up breaking again and being signed off again.

Obviously the fact that my boss is the same person that I provide care for created a very unusual, and now difficult dynamic. In another job I'd feel more able to stand up for myself or ask for reasonable adjustments that actually help, but I feel I can't say anything and am treated as though it is a personal failing to be off sick or struggle in any way, and directly against my job description to not completely willingly and smilingly serve, or to cause any stress to Sarah. I feel frozen in fear and swing between feeling angry and guilty.

It wasn't like this when I started. Some things are to do with the dynamic and how it feels and some are actual changes to job conditions. I actually worked about 50% more hours last year (I'm now reduced to contracted hours only), but things are so much harder now despite fewer hours.

One big issue is the timetable. Random, at 2-4 weeks notice. This means you can't book anything in advance to avoid working days, yet also more last-minute things end up being missed because you didn't know to book it off work. This has been a real problem for me this year as I've missed chances to be with friends or do nice things that help my mental health. I'm single, regretfully childless, and live alone so this stuff is important to me not to end up hopeless and isolated. (I did try to explain this when asked to explain at returning to work meeting what had led to burnout, and was told by Sarah's relative (there for her support) that "work comes before social life". This comment is haunting me.)

When I started this wasn't so much of a problem as we could ask not to work on specific days/times if we'd something planned, and our hours would be timetabled to avoid these. When short staffed we were encouraged to do this rather than take holiday (which we'd get paid for if not used). We we told this would change when there were enough staff but it's gone too far - on a 16 hour contract (a full days work is 12 hours) I'm expected to take holiday just to ensure a specific afternoon off.

Another issue is expectations that contradict. For example being told we can't book any holiday when short staffed earlier in the year, yet also being told I should have taken time off sooner to avoid burnout. I used to feel valued and that there was give and take, now I feel like a failing servant.
I should say - I was actually good at my job and also at providing last-minute cover, but the conditions are killing me now.

I had an occupational health assessment a week ago (triggered by summer absence) and it has been recommended that I be given a fixed working pattern as a reasonable adjustment. I seriously doubt this will be considered "reasonable" and pretty sure I'm about to be fired. (Another point to note - one staff member is given one regular day on the timetable, but no one else is. This is Sarah's preference.)

I've been summoned to a capability hearing, with six days' notice. This is at work (Sarah's house). I've been told I can take someone with me, but I don't think there is anyone who is actually suitable to accompany me, let alone at such short notice.
I cannot go to this meeting - I have to manage things in my life to avoid meltdown or shutdown, and atm I'm on the edge all the time. I cannot ignore the warning signs of meltdown, I have to keep myself safe. I'm terrified I'm being forced to do something that will make me ill, and that I won't be able to keep myself safe to get home or afterwards. It's been so long since I had a public meltdown and I can't bear the humiliation and pain. I know very few people who could even cope seeing me like that, so can't ask for support.

I don't know what the hell to do.
The awful thing is that is it work that is making me feel so horrendous. Every time I start to feel a bit better or think of a sensible way forward (for example cutting hours to one, regular day of the week, plus continuing to provide short notice cover on occasion) I get another email that makes me feel terrible and too scared to say anything. I had one this week telling me I was compromising her safety* because I hadn't provided a sick note fast enough so she didn't know whether to get cover. This was after keeping her informed how long the note would be for, chasing up the GP, and a delay on the GPs part. And the occupational health report that stated I would need 2-4 weeks more off.

[*This is concerning as she previously mentioned/threatened I could be put on the POVA register (like child protection but for vulnerable adults) for compromising her safety by becoming unwell on shift (she also seemed really displeased with me immediately calling for emergency cover once I realised I couldn't continue).]

Sarah has also previously stated that my emergency contact is insufficient as I don't have someone who can drop everything and collect me from work, and that I should have someone who can help sort sick notes and communicate on my behalf (this was from when I was first off in the summer, and couldn't really think or communicate). I don't have someone who can/will do this.
It's so upsetting and frustrating that I am expected to have some sort of upaid carer always available, whilst Sarah - who has an actual care team, family/husband around who can help is supposedly in grave danger if a member of the team is off.

I feel angry that I am being set up to fail by a meeting I cannot possibly cope with (presumably so I can be fired without notice), and that my job conditions have changed to the point I can't continue, that expectations have pushed me over the edge, that I can't ask for actually helpful reasonable adjustments, and that having a disability and trying to manage it is seen as a personal failing (by another disabled person!), and that expectations are contradictory. I used to feel that the job, and Sarah, were wonderful, now I feel I accidentally joined a cult I'm about to be kicked out of for not being sufficiently devoted.

If it was a company I'd be fighting for my rights (and hoping they would pay me off tbh, it's too toxic to go back) but as it's a disabled individual I feel like a total twat for even typing that.

Sorry this is so long, any advice appreciated.

OP posts:
SwishSwashSwooshSwersh · 02/12/2023 09:51

Sadly the care industry can be like that, expecting 24/7 availability and compromising personal life for minimum payed job.

Lougle · 02/12/2023 09:51

I'm saying this gently, but Sarah needs reliable care and you can't give that. Her needs are high and that is directly causing you much of your struggle. It isn't your fault but even if you manage to secure reasonable adjustments, I think this environment is going to continue to provoke anxiety and burn out.

I think you need to work somewhere where your absence is just a logistical worry for a manager and there is a big team who can fill in.

Bobtheamazinggingerdog · 02/12/2023 09:52

I know finding work is easier said than done but you just need to quit this job.

WhereIsBebèsChambre · 02/12/2023 09:53

Lougle · 02/12/2023 09:51

I'm saying this gently, but Sarah needs reliable care and you can't give that. Her needs are high and that is directly causing you much of your struggle. It isn't your fault but even if you manage to secure reasonable adjustments, I think this environment is going to continue to provoke anxiety and burn out.

I think you need to work somewhere where your absence is just a logistical worry for a manager and there is a big team who can fill in.

And the care could be reliable if proper rotas were given?

SwishSwashSwooshSwersh · 02/12/2023 09:54

however maybe best to look around at other jobs in larger professionally run settings and ask at interview for set hours

Janieforever · 02/12/2023 09:58

WhereIsBebèsChambre · 02/12/2023 09:53

And the care could be reliable if proper rotas were given?

There will be other people over seeing Sarah’s care. The woman has six carers. It’s very significant, I don’t think anyone can rush to judge .

LeRougeEtLeNoir · 02/12/2023 10:01

Lougle · 02/12/2023 09:51

I'm saying this gently, but Sarah needs reliable care and you can't give that. Her needs are high and that is directly causing you much of your struggle. It isn't your fault but even if you manage to secure reasonable adjustments, I think this environment is going to continue to provoke anxiety and burn out.

I think you need to work somewhere where your absence is just a logistical worry for a manager and there is a big team who can fill in.

I’m gently saying this but Sarah is employing a group of people for a job. It’s up to her to ensure those jobs can be done - incl planning fir hols and sickness. It’s not up to the people she employs.
The fact there is a high turnover is, as with any company, her responsibility. So is the fact she is asking people to work x2 the number of hours they are contracted for (and I suspect it’s not paid as overtime either).

LeRougeEtLeNoir · 02/12/2023 10:04

Fwiw Sarah could use a company providing care at home rather than employing people herself if she feels organising a team of 6 is too much for her.
Its not ok to take it on the people you employ, treat them like commodities and then wonder why it doesn’t work.

WhereIsBebèsChambre · 02/12/2023 10:04

Janieforever · 02/12/2023 09:58

There will be other people over seeing Sarah’s care. The woman has six carers. It’s very significant, I don’t think anyone can rush to judge .

I'm assuming Sarah doesn't have 6 carers at once, rather a team of 6 who do shifts?

TeenLifeMum · 02/12/2023 10:07

Unless you’re paid amazingly for this, just leave. Carers are very much needed and you’ll be able to find a much better fit. Advertise your services on Facebook and decide which clients to take on.

Anisette · 02/12/2023 10:36

Just resign. If you want to stay in the care sector, you will have no difficulty finding another job with regular hours that will suit you much better.

rookiemere · 02/12/2023 10:38

Rostering 6 people to provide continuous care sounds like a job best left to a professional agency.

That relative had zero right to say the job should come before your life - I bet they manage to meet friends and have evenings out.

You have been there too long OP and are in danger of thinking this is your only option. Really with a low paid zero hours contract you can get another job that pays as well somewhere else.

I would just resign before the capability meeting and concentrate on getting another job.

Readingineading · 02/12/2023 10:45

Leave.
I did 1 to 1 care with someone similar, his demands on my time made me physically and mentally unwell. It took validation from HIS social worker that his demands were completely unreasonable before I got the courage to leave.

Sugarrrrrrrr · 02/12/2023 10:47

You don't have the capacity to do this job. You've had a lot of time off and it needs someone reliable.

Before you say I'm being ableist, I have few disabilities (including bipolar) and work full time. I've taken a max of 10 sick days this year, which is unusually high for me.

Do another job. She needs someone she can rely on.

Startingagainandagain · 02/12/2023 10:51

I am autistic as well and had a big burn out recently so I really feel for you.

I will echo what other have said, this is not the job for you and your employer sounds awful.

There are lots of care vacancies but you might also want to find something a little less stressful and with more structured shifts in another sector.

Sugarrrrrrrr · 02/12/2023 10:56

You should get a work from home admin job.

I'll be honest, reading your post you sound really entitled. You're making it all about yourself which is why you're in the wrong job.

WhoWants2Know · 02/12/2023 10:57

PA work often ends up like this, with a person trying to manage difficult expectations without proper support, because they don't want to upset the vulnerable person or family they support.

This is a bad match and it's time to go. There are a million people looking for care and support, so you need to find a setting that works for you where you can be at your best.

Gonnagetgoingreturnsagain · 02/12/2023 10:57

Validus · 02/12/2023 09:44

You need a lawyer. Sounds like a possible constructive argument unfair dismissal to me.

Edited

I agree OP is being treated appallingly but with just under 2 years employment I don’t think she can bring a constructive dismissal case. Her employer may be thinking with the recent issues with OP that they’re planning on getting rid of her before she has 2 years employment record.

Best to get another job.

Sugarrrrrrrr · 02/12/2023 11:02

WhereIsBebèsChambre · 02/12/2023 09:53

And the care could be reliable if proper rotas were given?

OP has said she pulls out mid-shift so the rota would make no difference.

nluebackground · 02/12/2023 11:06

I have a friend who is similar to Sarah (in terms of disability/physical help needed) and he has four assistants on rotation who love working for him. Obviously he needs consistency and routine and it would be really hard if someone he relied on so heavily was off sick for lengthy periods. I can understand Sarah's frustration
but that's no excuse to treat you so badly or give you such crazy unpredictable working slots.

I am pretty sure you'd easily be able to land another role but in a much more structured and fair environment. This whole sector needs more people. No job is worth this much stress! Why not look around, get some applications in and then hand in your notice.

ocarinaflow · 02/12/2023 11:14

Even if she wasn't disabled she sounds like the employer from hell.

But I think the issue is that both parties here – employer and employee – are disabled/high needs (sorry don't know if these are the right terms to use).

Although in this case she's taking her demands way too far, a disabled person like Sarah will need an extraordinarily reliable and flexible employee. You sound like you have a strong work ethic, but there are things that you just can't do / boundaries you have to draw due to autism. In general, it sounds like a bad fit all round.

starfishmummy · 02/12/2023 11:16

Lougle · 02/12/2023 09:51

I'm saying this gently, but Sarah needs reliable care and you can't give that. Her needs are high and that is directly causing you much of your struggle. It isn't your fault but even if you manage to secure reasonable adjustments, I think this environment is going to continue to provoke anxiety and burn out.

I think you need to work somewhere where your absence is just a logistical worry for a manager and there is a big team who can fill in.

I totally agree.

OP is pinning everything being OK if she gets a fixed rota, but I'm not sure thst her being in a one to one caring rope is the right fit for her.

Nicole1111 · 02/12/2023 11:29

Get on google and find your local advocacy service for people with autism. Let your employer know that you’re not willing to attend the meeting until you can confirm an advocates attendance as per the equality act of 2010 which outlines reasonable adjustments should be made for you.

MuckyPlucky · 02/12/2023 11:36

Tell Sarah to get herself a new fucking slave to flex her superiority muscles over.

Her disability doesn’t give her carte blanch to bully you to the point of being disabled by her shit.

You sound like a lovely good person OP - you’ll be snapped up in a better role.

Tell her to fuck the fuck off to the far side of fuck.

RudsyFarmer · 02/12/2023 11:36

You are hanging onto this job when you should be actively looking for another. I expect if you don’t turn up to this meeting they will follow the steps required to let you go.