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

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  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 11 October 2010 at 2:48PM
    WhiteHorse wrote: »
    Most disciplinary codes that I have seen only say 'accompanied', although some have specified that a solicitor may not be present (what do they have to hide?).

    The Employment Relations Act 1999 provides that an employee is entitled to to be accompanied at disciplinary and grievance procedures by a work colleague or a trade union member.

    The employee simply has no legal right to be accompanied by a solicitor, a friend, a family member, or anyone else.

    Unfortunately that does mean that employees are often unable to find someone to accompany them, especially if it is a small employer. In those circumstances the employee should take a notebook, write everything down, and if necessary ask for the meeting to proceed more slowly to enable them to do this.

    You may feel that the law does not go far enough, but the employer is within its rights to follow the law to the letter, and in this situation, the majority of employers do just that.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Yes the School Governers should be involed
    In those circumstances the employer should take a notebook, write everything down..............

    At the risk of being a pedant, I think this should be employee.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Duly amended :D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • RacyRed
    RacyRed Posts: 4,930 Forumite
    1,000 Posts Combo Breaker
    Savvy_Sue wrote: »
    I've taken your points out of order, but ... I agree that being in the union isn't necessarily always easy, but I was genuinely interested in finding out HOW your employer had found out: and I was shocked! I hope you told them why you were cancelling your membership ...

    However this is one area where I think strength lies in numbers: it's far easier for an employer to treat ONE employee badly than it is to treat ALL / MOST / MANY / SEVERAL of them badly over union membership.

    I made darned sure that the union involved knew that they had made an almighty error. It took a while but eventually they reasilsed that by "outing" people they thought were being "cowardly" some of the more extreme activists on their staff were doing a great deal of damage.

    Is it still a requirement to tell the unions who your employer is these days? Back then it was impossible to join without giving that information.

    OP, how did your phone call go this morning?
    My first reply was witty and intellectual but I lost it so you got this one instead :D
    Proud to be a chic shopper
    :cool:
  • Savvy_Sue
    Savvy_Sue Posts: 47,391 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    RacyRed wrote: »
    Is it still a requirement to tell the unions who your employer is these days? Back then it was impossible to join without giving that information.
    They ask the question. I don't know if I could have joined without giving it, think I did it online so that would be one way of checking.

    If it is 'required', you might be able to do what I do when a company insists on knowing something I have no intention of telling them because it's not relevant to the matter in hand (eg the local bus company do NOT need to know my complete street address if I'm having a moan about the bus service, my postcode is QUITE enough!) I've taken to entering "You do not need this" in each line of the address fields ...
    Signature removed for peace of mind
  • Hi all

    Just an update on my appeal hearing yesterday.

    Firstly after a conversation with the HR dept on monday, I received a telephone call from my manager Jane, informing me that the 2nd Disciplinary had been made in error and that there was no discipline to answer to, just an informal chat about working at another site.

    My appeal went swimmingly and it was revoked!!!!!! I have a 1st Verbal Warning on my work record for 6 months, as there was no evidance of bullying or harrasment. That I am VERY happy about. It was agreed that the Headmaster had acted terribly and he will be receiving a strong letter of disaproval from my employers.

    I have been offered another kitchen job with slightly more hours and money. Downside is it is 2 buses away, but I had to accept it. Its an earlier start so the hubby will have to take and collect the youngest from school. But as he isnt working at the mo, its not a problem. At least its a fresh start at a school where NOBODY knows me.

    All is happy in the Nicole household

    Again MANY THANKS for all your advice and support, I dont know what I would have done without you.

    Hugs and kisses to each and every one of you

    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
  • I haven't posted so far, but have been following your thread. Congratulations and Well done! I hope your daughter has gone into school today with a big smile on her face talking loudly about 'mum's promotion and payrise' in earshot of the bully!
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    I hope your daughter has gone into school today with a big smile on her face talking loudly about 'mum's promotion and payrise' in earshot of the bully!
    Daughter should keep quiet.Mother should save this for parents' evening. See Headmaster on some pretext and in passing thank him for the cowardly meddling giving a better job.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Brilliant, well done!!! Am dead chuffed for you xx
  • Yes the School Governers should be involed
    Fantastic news. All's well that ends well.
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
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