A FORMER manager at a care provider for the elderly has had her constructive dismissal claim thrown out, despite the company admitting she “cared too much” about her job.
Sarah James, a manager at Apex Care’s Romsey headquarters, took the company to an employment tribunal citing a number of grievances which she argued forced her to resign.
The hearing was told how Mrs James had worked for the company for ten years under director Malcolm Patrick but was signed off with work-related stress and resigned last summer.
The 43-year-old claimed that the workload placed on her was “excessive” and that she was not adequately supported while she was unable to work.
She told the tribunal: “After ten years in a job that I was passionate about I feel upset by the way I have been treated, by Mr Patrick in particular.”
Edward Capewell, representing the company, said that staff had taken all steps that could have been reasonably expected of them.
He also praised Mrs James’ professionalism and work ethic, but argued that this dedication meant she could be difficult to deal with.
He said: “The evidence shows that she was an employee who was extremely committed, to the point where she cared too much about the work that she was doing and was unable to relinquish responsibility.
“She was unwilling to be managed. We ask what else could have been done by this employer and we say the answer is nothing.”
Judge Craft ruled in the company’s favour and dismissed Mrs James’ claim.
Speaking after the tribunal, Mrs James said she was shocked by the decision and will not return to work in the care industry.
She said: “I have now got to try to pick up the pieces and find work.
“I was passionate about the job and while I still care strongly about people, I don’t want to put myself back in that position.”
The tribunal is not the first time the company has become embroiled in controversy.
In May this year legal claims were launched against the firm by the Unison union, which claimed that carers on zero-hour contracts had not been properly paid.
The union argued that staff were not paid travel costs, bringing the hourly rate of pay down to less than £5 per hour in some cases.
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