Employment Tribunal - unfair dismissal - student surveys

Options
1356

Comments

  • lincroft1710
    lincroft1710 Posts: 17,646 Forumite
    Photogenic Name Dropper First Anniversary First Post
    Options
    A Key Performance Indicator (KPI) is a measurable value that demonstrates how effectively a company is achieving key business objectives. Organisations use KPIs to evaluate their success at reaching targets
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Euclid_2
    Euclid_2 Posts: 15 Forumite
    Options
    Your current predicament suggests this isn't strictly accurate.
    What I meant was they do not count for promotion, probation - whatever. Most students even don't fill them. Other colleagues get less than 15% responses; quite a few - very negative - still they got promoted without a problem; other get excellent evaluations and no matter of excellent research don't get promotions for years.
  • Euclid_2
    Euclid_2 Posts: 15 Forumite
    Options
    A Key Performance Indicator (KPI) is a measurable value that demonstrates how effectively a company is achieving key business objectives. Organisations use KPIs to evaluate their success at reaching targets
    No, this has been never taken into account in the uni I worked.
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    Options
    Euclid wrote: »
    They count for nothing; I don't know what KPIs stands for but I guess the answer is - "no".
    The surveys have been set up by the departmental secretary in a very incompetent was, so they need no passwd or anything and multiple entries could be submitted by one and the same person;

    That is largely irrelevant.

    Your employer asked you to do something and (they claim) you falsified the results.

    Whether the task was worth doing and what value, if any, accurate results would have been is not the point.

    It is a clear breach of trust by somebody who is (presumably) involved in deciding what marks are awarded and whether a student passes or fails.

    As I see it your only hope here is to show that they employer could not properly have had a "reasonable belief" that you falsified the results.
  • Euclid_2
    Euclid_2 Posts: 15 Forumite
    Options
    Thank you all for your opinions! They are very useful and gave me some prospects I haven't thought of.
    Sorry to not have officially logged in and respond but I was busy with preparing documentation for the case which with great difficulty I obtained via university information assurance office.

    To clarify some points:
    1. I have been dismissed for gross misconduct without a notice. I was under suspension during the investigation with full pay.
    2. The investigation began 1.5 months before I was notified (which I heard is in itself unlawful).
    3. The investigation officer (IO) was my former head of Department (HoD) with whom I have had bad disagreements and arguments. I and the union rep objected; the Provost also was doubtful for assigning him as IO but HR made some silly defence. They completely neglected minuted objection we made for him being the IO.
    4. Those surveys have been already looked at at the Learning and Teaching Committee immediately after the marks were submitted. No-one have had any comments (including IO who was present).
    5. I was shocked when they presented those multiple surveys spreadsheet as if sent by my office IP as I didn't do it. Most of them (in fact all but 2) lasted "0" sec (?) with all 16 questions answered (in a different way) and comments made (different). I thought initially this was made by a bot or some other bug in the survey site which turned out to be completely unreliable as it not only allowed multiple entries from the same IP but also it allowed to change the content of any entry long after it was submitted without a trace (i.e. the time stamp remains the same). Also the data sheet seemed to be manipulated multiple times and also survey entries (there were emails between IO and IP saying - remove those entries and other comments). The IO objected (I got to know this from data protection) the uni IT to give witness as "this may contradict my conclusions" ...
    6. No other reasonable explanation that I presented (via an IT expert) were taken into account.
    7. From the email correspondence between all parties involved it turned out they were just looking how to dismiss me.
    8. All this took place during the time when our department was under redundancy threat of 25% and only my position was announced to be outside the redundancy pool. So my guess was that IO and HR decided to use these old irrelevant survey results (the 69 answers were at the time dismissed as "obvious" mistake in the system) to get rid of me.
    7. Reference letter so far is not that important to me as I can get references from world-known names in the filed.
    8. When I say that they had ruined my career I mainly meant that as I am 64 no-one would ever hire me on a permanent position. Age discrimination exists after all.
    9. I have taught 5 years in the USA and my evaluations there (hand-written) have always been excellent. I have never cared about my student evaluations as I have always get good ones with sufficient responses. And as I said - they count for nothing.
    10. Uni has been in touch with me through their lawyers and ACAS - they offered me settlement of 1000 and "good" (pending agreed wording) reference which I refused.
    11. Investigation, disciplinary and appeal hearing were pure farce - I had the feeling that I was talking in dead years and it all reminded me Orwell's 1984.
    12. I got 12 character and professional references from all over the globe from world-known specialists and colleagues that I worked with and know me closely and from my pastor - they have been sent directly to the uni but were completely neglected.
    13. I got about 10 letters in my support from my former students (hence not anymore "dependant" on me) in my support describing in details my excellent teaching and pastoral support.
    14. All my colleagues in the department (including the present HoD) sympathise but they are still under redundancy threat (the department has been in "monitoring" state since the "pause" in consultations; fear is present all across the uni because of these ridiculous redundancy politics (for example they are closing units which bring surplus and hiring lots of administration - but that's another topic). Hence I can't even thing of asking their open support.

    I will appreciate further advise and sorry for not responding earlier.
  • Euclid_2
    Euclid_2 Posts: 15 Forumite
    Options
    All exams are triple marked ... I have never had any problem with my marks being questioned.
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    Options
    Euclid wrote: »
    I will appreciate further advise and sorry for not responding earlier.

    Your long post was submitted at the same time as my rather shorter one just above.

    However my opinion remains firmly that you must show why the employer could not have had a reasonable belief that you falsified the results of the student feedback.

    Anything else is a smokescreen.
  • Euclid_2
    Euclid_2 Posts: 15 Forumite
    Options
    How can I "prove" that could not have had a reasonable belief ? What counts for "proof"?
  • Undervalued
    Undervalued Posts: 8,852 Forumite
    First Anniversary Name Dropper First Post
    Options
    Euclid wrote: »
    How can I "prove" that could not have had a reasonable belief ? What counts for "proof"?

    It is not proof in a civil case / tribunal, it is balance of probabilities. They would need to have conducted a reasonable investigation (not a detailed forensic one) in a fair and open minded way that reasonably led them to believe, on the balance of probabilities (i.e 51%), that you committed this misconduct.

    If they did that then it is considered fair in law even if they were wrong.

    So you need to show that they fell short of that.
  • happyandcontented
    Options
    Did the IT expert have a theory re the timings of the input?
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards