Forum

“A CAUTIONARY TALE” from a member of DPUN

A parent of an adult child with Learning Difficulties (who is also a trustee for her son) dismissed a PA back in November 2007. The PA was a member of a trade union, and took them to an employment tribunal for unfair dismissal. The case which took eighteen months to conclude was lost, and the parent/trustee was given 42 days to pay a £10,000 settlement (originally a
figure over £25,000 was pursued).
At this time, the insurance she had did not include cover for
Employment Tribunal issues and all direct payment monies budgeted, as ruled, paid for day to day staffing, or is returned to the Council as unspent funds. She had to take out a personal loan to pay this settlement, as, if it was not paid within the 42 day window, 8% interest would be charged on the amount.
She contacted their local council to see if they would assist with the payment, but was told NO – the Trustees under the Trust Deed could be held personally liable and should have had the appropriate Insurance cover – so the £10,000 was her
responsibility to pay. This parent is still in talks with the council as she has said that the correct Insurance cover was not on
offer, to her knowledge at the time.