Mavis had been a care worker in this large 60 bedded traditional residential care home for older people for years. She lived just round the corner. She was a middle aged woman with a family who had the air and look of someone worn down by the daily grind of her life. She was however reliable, never had time off sick and was never late for her shift. She had never indicated any ambitions or even show any enthusiasm for her work. However things changed when a new manager and a new deputy manager took over the running of the home. The new manager saw something in Mavis other had missed. When a supervisors post became vacant the manager acted Mavis up into the role. She responded so well to the new responsibilities he persuaded her to attend a part time college course that would give her a professional qualification. Much to her own surprise she enjoyed college, she found the academic assignments hard but came into her own sharing her years of experience in working with older people particularly those suffering from dementia. Things were going so well the manager was in no hurry to advertise the permanent post. In fact it was no secret he was grooming her to fill the role either in this Home or another run by the organisation in the locality. Almost a year went by during which time the Home also offered a placement for a university student to complete a case study of care in a residential setting of people suffering from dementia. One day shortly after the placement had finished the student called to see the manager and made a formal complaint about Mavis. He was angry because he had discovered that she had handed in a project for college which was basically a word for word copy of his work, which he had given her sight of because of her interest in caring for people with dementia. The manager confronted Mavis who confessed saying she had felt overwhelmed by the task of submitting an extended essay longer than anything she had tackled before. She panicked as the deadline approached and she had written nothing. The manager advised her to tell her personal tutor when she attended college the next day, it being better to learn from her rather than him or the organisation’s training and development section. She did as was suggested and received a sympathetic hearing from her personal tutor who negotiated that Mavis withdraw the piece of work and submitted a new extended essay.
The training department who were funding her course were informed and proposed to take no further action viewing it as a matter for the college to deal with. However the university student was outraged that this blatant piece of plagiarism was not being punished and demanded the manager take disciplinary action. The manager said his complaint had been investigated and upheld, an apology had been given and the college had been made aware of the plagiarism. He gave the impression the matter was now closed.
Whether or not the manager was influenced by that conversation or just disappointed in Mavis he informed her that after a discussion with HR he was retuning her to her substantive post. He explained that as a supervisor she was expected to set a good example to others and she hadn’t.
Mavis was upset at what she saw as a demotion and embarrassed that others would find out why. She didn’t turn up for work the next day and handed in her notice a few days later without ever retuning to the Home.
Was Mavis treated harshly by her employer? Should they have just left it to the college to deal with? Did her manager in effect take disciplinary action against her to which she had no appeal? Would this be considered a case of constructive dismissal?
Blair McPherson former director author and blogger www.blairmcpherson.co.uk
