What level of proof for gross misconduct
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Nicki
Posts: 8,166 Forumite
We've had a situation over recent months when we have suspected that our nanny who looks after the children in our house has been opening our mail and sticking it back down when she's read it. I tried to confront her about this a few weeks ago and she hotly denied it, and I've come home again today to find it has happened again and this time she says we have a new postman and he must be doing it!
All the letters which have been opened except one relate to one of the children possibly changing school so unlikely to be of any interest to anyone other than perhaps the nanny. We have been keeping her fully informed about this but perhaps she wants to double check things. The one letter which wasn't in this set would have looked from the postmark as if it was but was in fact intensely personal
As I am out at work when the mail arrives I can't physically catch her in the act (or stop her from doing this for that matter). What level of proof do I need to start disciplinary action against her given that it's her word against mine. I don't want to continue to employ her if this behaviour doesn't stop.
All the letters which have been opened except one relate to one of the children possibly changing school so unlikely to be of any interest to anyone other than perhaps the nanny. We have been keeping her fully informed about this but perhaps she wants to double check things. The one letter which wasn't in this set would have looked from the postmark as if it was but was in fact intensely personal
As I am out at work when the mail arrives I can't physically catch her in the act (or stop her from doing this for that matter). What level of proof do I need to start disciplinary action against her given that it's her word against mine. I don't want to continue to employ her if this behaviour doesn't stop.
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As it's her word against yours it's difficult to see how any disciplinary action could be carried through. Short of installing covert CCTV throughout the house it's hard to see what you can do.0
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We've had a situation over recent months when we have suspected that our nanny who looks after the children in our house has been opening our mail and sticking it back down when she's read it. I tried to confront her about this a few weeks ago and she hotly denied it, and I've come home again today to find it has happened again and this time she says we have a new postman and he must be doing it!
All the letters which have been opened except one relate to one of the children possibly changing school so unlikely to be of any interest to anyone other than perhaps the nanny. We have been keeping her fully informed about this but perhaps she wants to double check things. The one letter which wasn't in this set would have looked from the postmark as if it was but was in fact intensely personal
As I am out at work when the mail arrives I can't physically catch her in the act (or stop her from doing this for that matter). What level of proof do I need to start disciplinary action against her given that it's her word against mine. I don't want to continue to employ her if this behaviour doesn't stop.
How long has she worked for you? Just end her employment.
Disciplinary action seems ways above what is actually needed for longer wanting a babysitter.
If you were a proper company employing someone then more proof than a wobbly envelope would be needed.0 -
She's worked for me for 3 years so has employment rights and is full time (I have more than one child so she isn't just required outside school hours)
I'm not a company but do pay tax national insurance and pension for her so this isn't just a casual baby sitting arrangement0 -
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But I'd need to replace her immediately as I still have to do to work and the kids still need looking after. This isn't a redundancy situation it's a misconduct one.
Potential misconduct. As I said, suspecting that shes checking your post isnt enough.
As someone else said, fit a lockable post box.0 -
We've had a situation over recent months when we have suspected that our nanny who looks after the children in our house has been opening our mail and sticking it back down when she's read it. I tried to confront her about this a few weeks ago and she hotly denied it, and I've come home again today to find it has happened again and this time she says we have a new postman and he must be doing it!
All the letters which have been opened except one relate to one of the children possibly changing school so unlikely to be of any interest to anyone other than perhaps the nanny. We have been keeping her fully informed about this but perhaps she wants to double check things. The one letter which wasn't in this set would have looked from the postmark as if it was but was in fact intensely personal
As I am out at work when the mail arrives I can't physically catch her in the act (or stop her from doing this for that matter). What level of proof do I need to start disciplinary action against her given that it's her word against mine. I don't want to continue to employ her if this behaviour doesn't stop.
With three years service, you need more than your suspicions. You currently have no evidence at all, and therefore no reason to form a reasonable belief, that mail has been opened at all. If the mail reaches you sealed, then you have no way of showing that it was even opened. The test in employment law is that the employer forms a reasonable belief, not necessarily a true one. But what you are saying is that you have nothing. That isn't going to cut it.0 -
Get a nanny cam like this - http://www.ebay.co.uk/itm/like/232226454246
other types of object also available -
http://www.ebay.co.uk/itm/Digital-Spy-Camera-Alarm-Clock-Hidden-Video-Camera-Cam-DVR-Motion-Detector-Uk-/251909279276
http://www.ebay.co.uk/itm/Mini-HD-DVR-SPY-Hidden-Camera-Smoke-Detector-Motion-Detection-Video-Recorder-Cam-/1725914978780 -
With three years service, you need more than your suspicions. You currently have no evidence at all, and therefore no reason to form a reasonable belief, that mail has been opened at all. If the mail reaches you sealed, then you have no way of showing that it was even opened. The test in employment law is that the employer forms a reasonable belief, not necessarily a true one. But what you are saying is that you have nothing. That isn't going to cut it.
Two of the letters had definitely been opened. The first was out of the envelope completely and left with a stack of other mail. The one today had been opened and didn't have enough glue left on the flap to stick it back down so although it was in the envelope it's unlikely it went through the mail that way. I'm confident that my belief the mail has been tampered with is reasonable but not sure whether that's enough to form a reasonable belief she did it0
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