private conversations at work

[Beanmistriss]

A guy at work has made an official complaint against our deputy manager and the information she has so far is that he overheard a telephone conversation which gave him the impression that she "wanted him out". To give a bit of background (don't know if it makes a diffirence) he's been working with us in a small team of care workers in a residential home for a year. He's completley incompetent, puts our residents at risk and is COMPLETLEY uselss. Everytime he gets caught out he either blames someone else or blatently lies to get himself out of it. The day he made a complaint about her was the day he got introuble for something which he could not cover with a lie or blame on anyone else. We have complained and complained more times that I can remember, been branded liars by him and generally have to carry him on every shift so we are all extremely frustrated as nothing has been done by our managers to sort the situation out. We work home setting with bedrooms and stuff and if she makes any personal calls she makes them on her mobile and goes into one of the bedrooms and closes the door so the only way he could overhear would be if he was standing listening at the door. My question is as this is at work can he use this to make a complaint which may lead to disciplinary action or as she was in a room with the door shut does it count as a private conversation which he had no right to listen to and is she protected by any law? Also would the best defence to be to deny it as he can't have any witnesses (she is unaware of when he hear the alleged conversation so does not know if he's lying again) or to say maybe he did and to expalin why she would be frustrated about him?

[trevHCS]

I can't see how there would be any grounds for disciplinary action or most work places would be empty. Also the fact that the management haven't taken any action against him over numerous complaints suggests they don't give a damn and thus won't bother here.

As for this conversation - firstly I'd recommend she says I have no idea if it took place as it's presumably in the middle of a longer conversation and also ask, what the heck he's doing listening into alledged personal conversations when he's supposed to be working. Doesn't look good from his side.

Don't think you can classify a private conversation being overhead in the same light as say phone tapping (not covered by the RIP act for one thing), but if he's got any sense he won't try anything as there are too many questions to answer from his side. Plus if he causes problems for the management, they are much more likely to take note of reasons to get rid of him.

In a nutshell - talk about him as much as you like and as openly as you like, he might finally get the message!

[Beanmistriss]

It's a bit complicated. We have a house manager and a site manager. The site manager is very unprofessional and can be very nasty. We have been complaining to the house manager but I'm not sure she's said anything to him cos she scared to upset him cos he will start being mean to her.

He has a real hatred for the deputy who's in trouble cos she reported him for something a couple of years ago. The company is small and as he's worked there for years they swept it all under the carpet. So he's desperate to get at her, he doesn't even talk to her most of the time.

They have to have some kind of mediation thing then they will see if they will see if she will be formally diciplined so they are already taking him seriously.

Thanks for your advice, I'll pass it on to her

[Morticiah]

Hi Beanmistriss, I found your question really worrying. If you have made repeated complaints about a member of your Team putting residents at risk, and these complaints haven't been dealt with properly by Senior Management then I think you (or your Dep. Manager) should escalate this whole situation.

My understanding is that all Residential Care homes are monitored/inspected by The Commission for Social Care Inspection .... or some other similar organisation.

Why don't you phone them up and have a quiet word about the whole situation??? They might be able to advise on the best way to protect your Deputy Manager, along with Residents etc. etc.

Regards, Mort

[Beanmistriss]

I find it worrying too, It's amazing what someone can get away with if they're clever enough and have a weak manager. Thanks for your advice and we might give CSCI a ring. We've decided to put together a list of incidents and list witnesses to them and any evidence we have that she can take with her. When his complaint is thrown out (it's bound to be and we can prove hes lied about other things) she's going hand it over and say she wants something done about him or shes going to send a copy to CSCI. Grrrrrrrr I'm so mad!