Facing the sack after being accused of bullying and harrasment by a 12 year old.

MrsTinks

No-one's asked for the thread to be moved as far as I know... but beign a nosey parker I've spotted it and moved it

bristol_pilot

Incidents like this show why one should always join the union. Then you could have sued the parents who wrote the emails, who don't appear on your poll at all for some reason. Faced with these emails, the school and employer have probably, IMO, adequate ground for dismissal unfortunately.

Emmzi

How long have you worked there?

Are you on a permanent contract, or casual, or zero hours? What does your contract say?

Before we get into detailed advice, let's work out why they think they can dismiss with no repercusions on flimsy investigative evidence!

Next, let's see if your warning was valid - you need q copy of your employers disiplinary procedure, usually in the staff handbook, and to dig out the letters you got about that, so we can track if that was issued validly. Did anyone accompany you to that meeting? Were you given a chance to take someone with you?

mountainofdebt

MrsTine wrote: »

No-one's asked for the thread to be moved as far as I know... but beign a nosey parker I've spotted it and moved it

Sorry MrsTine....misread Lynzpower's post

nicole2216

mountainofdebt wrote: »

I've asked an employment barrister who frequently posts on the employment board to have a look at this thread, just in case the mods have missed your request to have it moved to the employment board.

As a matter of interest how long have you been employed by the company?

I have worked for the company (dont know if to name them, so I wont for now) since 22nd June 2009.

Emmzi wrote: »

How long have you worked there?

Are you on a permanent contract, or casual, or zero hours? What does your contract say?

I am on a permanent 20 hours a week contract.

Before we get into detailed advice, let's work out why they think they can dismiss with no repercusions on flimsy investigative evidence!

Next, let's see if your warning was valid - you need q copy of your employers disiplinary procedure, usually in the staff handbook, and to dig out the letters you got about that, so we can track if that was issued validly. Did anyone accompany you to that meeting? Were you given a chance to take someone with you?

I have my copy of the employers handbook in a folder along with all the letters i have received and 3 copies of my appeal letter. I have learnt from this site, to keep a copy of everything.
No one came with me to the meetings as I was unaware of how serious the whole situation would become. I was advised in the disiplinary letter that i could have a colleauge with me, but no one seems interested in helping. When I phoned my site manager to ask wether the ops manager has enquired about my conduct, she told me I did tell jane you only served for a couple of minutes.
When i returned to work in the new term on 2nd September it was agreed that I would not serve for a couple of week to let things die down, the chef then told me to serve on 8th september and when i questioned it I was told it was ok,the chef knew the situation and that I would work alongside him. I did this for about half hour service,(there are 2 services and the child in question came in on 2nd service when i was NOT serving ) in fact i was washing up. At the end of the day the child and her older sister (6th former) came to the kitchen and made a complaint that I had refused to serve her again. In fact the child went to the pasta counter not the main serveray where I HAD been serving at first sitting. Another of my colleagues was suspended due to the complaint as she was serving at the time and that incident was delt with, she told them I was not serving pasta that day and that the child had not been refused service but that they had run out of pasta and advised her to go to the main servery for food, which the child did not do. When I asked for copies of this incident I was informed it was nothing to do with me. :mad:

It has just come to mind that when i was suspended on 8th september my ops manager (jane)phoned me a few days later and asked me to go to another site to work. I felt this wasnt right and when i phoned a number on the bottom of one of the letters received from her i spoke, not to my line manager, but another Operations manager from a completely different department of the same (rather large) company. He advised me, as I thought, that as I had been suspended I was not allowed to work ANYWHERE else.
This member of staff has been a great help and has contacted HR on my behalf when I told him what jane was doing. It seems to me that jane does not have a clue what she is doing. Incidently the disiplinary letter she sent me this week, which stated that if i didnt attend, the meeting would go ahead in my abscence, did not even have a time, date or place for the meeting. I had to phone her and tell her to send me another letter with the correct details on it. She did this, and i received the letter this morning with the time and place of the meeting on it. I also have the original letter without the details. Should I mention this at my disiplinary on wednesday 13th?

Thanks for bearing with me and sorry if my posts seem a little garbled. as you can tell by the time (1.44am) the whole situation is playing on my mind somewhat.

Many thanks

Emmzi

no, do not mention the date thing, it will seem picky and won't help.

I think you need to focus on how they are collecting data.

You said you appealled last time, what happened after your appeal?

nicole2216

Emmzi wrote: »

no, do not mention the date thing, it will seem picky and won't help.

I think you need to focus on how they are collecting data.

You said you appealled last time, what happened after your appeal?

My appeal is scheduled for 1pm on wednesday 13th october.
My second discipline is at 2.30 wednesday 13th october, I am trying to get the 2nd discipline date moved, but as ive already cancelled once I cant see this happening.
I have also been adivised to raise a greivance with my operatations manager.
This is becomeing sooo hard!!!!

lynzpower

YOu seriously need to engage a solicitor asap

peachyprice

Nicole, have you checked your home insurance policy to see if you have legal cover for disputes at work?

nicole2216

I have just finsihed a hour n half conversation with a solicitor on the phone. Very helpful but bottome line is due to the fact that the headmaster has requested that i do not return to the school, if my employers can not find me alternative employement they are in there right to sack me. Although there may be ground for unfair dissmissal.
I have my appeal meeting on Wednesday at 1pm and im hoping to reschedule my disciplinery for another day, although I get the impression that because my ops manager knows I know that it was her mistake that the headmaster informed the parents i would not be returing, she has told me that they have other options - i take that to mean alternative employment at another site. Which I have been advised to take.
Im not sure wether I should raise a greivance against her today or wait to see what happens at the discipline meeting on wednesday.

Im off to do the lottery now- u never know!!!!! lol :mad: