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

Sambucus_Nigra

So, do you know what you were actually supposed to have said and/or done?

nicole2216

Sambucus_Nigra wrote: »

So, do you know what you were actually supposed to have said and/or done?

parents stating i was making comments to their daughter at any given opportunity, particulary at lunchtime, often ignoring their daughter when she was in the queue for dinner, making comments to my fellow colleagues within their daughters earshot

None of which is true I might add

Sambucus_Nigra

What sort of comments were you supposed to have made TO her daughter?
How did you ignore her, what had she asked for that you ignored?
What sort of comments were you supposed to have made to fellow colleagues?
Which colleagues, and have they confirmed that these comments were made?

Are the sorts of questions that you need to be asking...

nicole2216

Sambucus_Nigra wrote: »

What sort of comments were you supposed to have made TO her daughter?
How did you ignore her, what had she asked for that you ignored?
What sort of comments were you supposed to have made to fellow colleagues?
Which colleagues, and have they confirmed that these comments were made?

Are the sorts of questions that you need to be asking...

Apprently this is all null and void now, because the company can sack me IF they cannot find me alternative employemt because the Headmaster does not want me at the school.

There is no eveidance of any comments because no comments were made. I have been over this with my mananger and it seems the fact that the compaint is enough to take action.

RacyRed

School dinner ladies seem to be having a really tough time of it at the moment.

See Here

I've no practical advice I can offer but there is something very wrong with the school/education system if the apparently unsubstantiated claims of a young child result in the loss of your job. Good luck with this.

To those saying that nicole2216 should have joined a union, her employer appears to be a private company, NOT the local authority. There are very many people in similar situations who would find that the simple act of joining a union would, in one way or another, cost them their jobs.

Union membership is a luxury not afforded to all in this day and age.

nicole2216

RacyRed wrote: »

School dinner ladies seem to be having a really tough time of it at the moment.

What can I say????

I met with a 'work colleauge' this afternoon to ask her if she would write a statement saying I had not harrarased, bullied or refused to serve anyone - her response. ''I dont wanna get involved, I dont want to be associated with it, im moving to a new site on monday and dont need any come back!!!!!''

Cheers mate.:T

lynzpower

Union membership is a luxury not afforded to all in this day and age.

QWhat do you mean Racy, anyone can join a tradesunion, you don have to have them represented in your workforce, you just join up *confused*

nicole2216

As a lowly dinner lady i didnt think i would need to join a union. When all this started and i thought a union may help, i find out that they will not deal with disputes started before joining. Im now a member of Unison. but hopefullly i will never need there help. thats another £5 a month out of my wages, thats £65 a year for a what if. Thats a school blazer!!!! Its a bit of a catch 22 in my opinion.

zzzLazyDaisy

Just to clarify something that seems to have got lost, but is VERY important, legally....

OP is not employed by the school.

She is employed by a company that has a contract to provide services to the school.

OP's contract is with the company, and any rights she may have lie against the company employing her, not the school.

Op's employer has no power in law to insist that the school allow OP to continue working for the school.

What this means is that the school is perfectly entitled to refuse to have OP working on their premises - provided that the reason for this decision does not amount to unlawful discrimination (eg race, sex disability, age) which isn't an issue in this case.

Since OP can no longer work at that school (the question of whether the child was telling the truth, or whether her co-workers would back her up or not, is irrelevant as far as this is concerned), then her employer is under a duty to try and find alternative work for her, within the employer's company, but if that is not possible, then she no longer has a job to go to, and the employer is entitled to terminate her employment.

But this is not a redundancy situation because the job still exists - just that the school won't let her do it - this type of dismissal comes under the heading of 'some other substantial reason' and is a potential fair reason for dismissal.

Whether it would in fact be fair depends on whether the employer has followed a fair and proper procedure. One of the considerations would be the employer's conduct in telling the headmaster that OP would not be returning - before the disciplinary hearing had been held - and what effect this might have had on the school's decision to refuse to allow her back.

But if the tribunal came to the conclusion that, notwithstanding the employer's actions, the end result would have been the same, which is to say that owing to pressure from parents and disruption between the children, it would be best for OP not to continue working there, and providing the tribunal was satisfied that the employer had no other work to offer her (or if OP refused the offered work) then the dismissal would be a fair dismissal.

I hope this helps to explain the situation that OP finds herself in, from an employment law point of view.

SarEl

I am afraid that I must agree with zzLazyDaisy - in law the employer is in a strong position. And whilst I do not in any way question the veracity of the OP, it is an entirely difficult position for both the school and the employer, because whilst 12 year olds(in common with people of any age!) may lie - they also may not. It is unfortunate but true that as a society we have seen, on many occasions, the results of children who have told the truth and not been believed. I doubt that being in a position of trying to make an informed decision in this type of situation is one that any of us would relish. I have, unfortunately, seen both sides of this "tale" - both where children have made up very damaging stories about staff, and where staff have been involved in some awful treatment of children who have been branded as liars when they were telling the truth. It is not a comfortable place to be, trying to unpick the threads.

I think that the main thrust of the OP's efforts now have to rest with trying to identify that there is an alternative to dismissal, whilst maintaining her inncoence of what she has been accused of. Perhaps in her posts lies one answer - if someone else is being relocated from that site to another, that person could stay at the school and the OP be moved? Or perhaps someone else at another site would agree to be moved? It may be that whilst the union cannot help her with this, they may be able to give her some advice that might help, especially if they know the employment situation - it's worth asking, as unions will usually try to give advice to new members, even if they cannot help represent an ongoing dispute.