Widower forced to pay carer £3,500 compensation because his wife died
Widower forced to pay carer Jayne Wakefield £3,500 compensation because his wife died
A 77-year-old widower has been forced to pay £3,500 compensation to a carer who was ‘unfairly dismissed’ after his wife died.
A widower will have to pay out £3,500 in compensation after the carer he treated “like a daughter” brought a claim against him for unfair dismissal when his wife died.
Jayne Wakefield, 55, had been working 30 hours a week to care for 76-year-old Rose Lomas, who suffered from Parkinson’s disease, until her death in March this year.
But when George Lomas reduced the care worker’s hours following his wife’s death, Mrs Wakefield resigned, saying she had not been given enough notice of the change.
An earlier employment tribunal rejected Mrs Wakefield’s claim that he had breached their contract, but this was overturned on appeal.
“How was I supposed to give notice? You don’t have notice when your wife is going to die,” Mr Lomas said following the tribunal.
The 77-year-old, who has one grown-up son by his late wife, claimed the care worker asked him for money the day after his wife’s funeral and that the stress of the legal battle has damaged his health.
And he said he does not know how he will afford to pay off a woman he thought of as one of the family.
“We treated her like a daughter,” said Mr Lomas, from Scholar Green, Cheshire.
“At Rose’s funeral, she was telling everyone she was going to look after me, then the next day she was asking for redundancy money.
“My wife would be heartbroken because she trusted Jayne. We never thought she would do that.
“To contact me the day after I lost my wife, is disgusting. I will never forgive her.”
He added: “I can’t understand how I’m liable.”
Cheshire East Council funded Mrs Lomas’s care through the last four years of her life, but these funds stopped when the pensioner died.
Mr Lomas’s son, Adrian, said: “Jayne was fantastic, we could not have wished for anyone more caring and compassionate to help look after mum.”
But she said the care worker “changed overnight” following his mother’s death.
Tribunal judge Kendrick Horne said: “This is a sad case. It is never pleasant to see a fall-out after a good working relationship between carer and family. But there is no criticism of the family.”
A council spokesman said: “Mr Lomas has not been in receipt of adult care services from Cheshire East Council. His care arrangements, therefore, were a private matter and the council is not liable for claims made via an employment tribunal.”
Both parties represented themselves at tribunal.
Mrs Wakefield was not available for comment.
http://www.telegraph.co.uk/news/uknews/law-and-order/10398573/
