employer's behaviour - please advise!

libbyc3

this is such a long and complicated story I'll try and keep it to the minimum then if anyone is kind enough to reply I can supply further details............
I worked in a special needs school as an as and when TA until sept 10 when I left ot go into the second year of a social work degree.
My OH started work at the same school in Nov 08 as a full time TA.

As part of my placement I was allocated a case to advocate for a child attending the school - discussed with my manager and we agreed that as my OH did not work directly with the child then there would be no conflict of interest.

In feb this year OH got handed a letter saying he was subject to an investigation for sexual harrassment. He was devasted.
A week later at the investigation meeting he face 3 allegations. 1: the teacher he worked with 2 years ago when he started the school said he stood too close to her. 2: a TA worked worked closely with said she felt threatened when my OH text her while her husband was plastering our house one weekend 6 months ago. the text said 'your husband is working his bits off here!!' (this statement was not written or signed by her, the head teacher had written it. 3: in Jan a new teacher said she felt belittled when my OH implied she wore cheap clothing.
my OH did not know how to react to the 1st 2 allegations, but the third he said that it was a conversation around going to Primark initiated when the teacher took the P out of my OH jeans being frayed at the bottom - it was all good natured.
my OH was given a lecture that behaviour is all about perception. the meeting ended with the head of HR saying that a letter of expectation would be placed on his file and that would be the end - "unless you go on to rape or abuse someone then this information would be relevant"
My OH has been off work since with sork related stress - he has lost all confidence, trust and is at a loss as too how he can go back and face people.

in the mean time, I am advocating for the child at the school. this role did not entail advocating against the school in anyway - I attended 2 meetings there which passed without anything being said.
The school then phoned my placement manager at the end of march saying i would no longer be allowed on school premises as i had threatened members of their staff on facebook. I havent. ever. and have offered my facebook password to anyone wanting to investigate.

OMG where do we go from here? - I can add so much more to this story - the my OH union rep has been worse than usless to the point i think she is in league with the school. and i should add the head teacher has 2 tribunals against her currently - although this time it was the new deputy head who has done the dirty work.

any advoce at all gratefully appreciated.

grimsalve

I'm not sure where to start, have you tried talking to the CAB for a second opinion? If your OH is off work at the moment and can't face going back then maybe a change of career might help? It would be better than just running away and hiding from the problem. If he thinks there is no future for him at the current school then I'm guessing if he tried applying for a job at another school then the details of this dispute would be disclosed so he will never get away from it.

Horace

If he has had a letter placed on his file then I am assuming that it is a written warning? A disciplinary should have been held and properly investigated, however, I am assuming that this is not the case? I would be inclined to have a word with ACAS and your OH should speak to the union, bypass the rep and go direct to the regional office or the national office.

As for the facebook incident - ask for evidence where you are supposed to have made threats etc.

libbyc3

thanks for replies,
the letter on his file is a 'letter of expectation' of his behaviour. which apparently is not a discipline as such, but a sanction.
I have spoken to ACAS who have said he needs to raise a grievance as to the nature of the investigation - non of the allegations are of a nature that would constitute an investigation into sexual harrassment, and there were from 2 years ago, 6 months ago and 6 weeks ago consecutivly - so what made each person complain if they did not complain at the time?
I'm not so worried about what they have said about me per say, but it has just compounded how my OH feels about going back to work there - how on earth can he trust anyone now, and how can he look for another job with a sexual harrassment investigation to his name.
it is such a mess and it feels like the school is out to ruin our lives - I know that sound melodramatic it just that at the mo neither of us can think or speak about much else!

libbyc3

oh and my palcement had to investigate the allegations about me -I was suspended while this went on - the school had no evidence of any threats, only that someone had told them they had seen threats on facebook - not what they were.
I do wonder how " bored of writing essays" can seem threatening as that has been most of my statuses lately!

-BA-

libbyc3 wrote: »

oh and my palcement had to investigate the allegations about me -I was suspended while this went on - the school had no evidence of any threats, only that someone had told them they had seen threats on facebook - not what they were.
I do wonder how " bored of writing essays" can seem threatening as that has been most of my statuses lately!

If you are absolutely confident that you have not posted anything at all open to interpretation on Facebook then I would consider seeking legal advice with a view to slanderous comments.

A person or organisation has made specific statements about your character which you believe to be untrue. Challenge it...

stephyt23

-BA- wrote: »

If you are absolutely confident that you have not posted anything at all open to interpretation on Facebook then I would consider seeking legal advice with a view to slanderous comments.

A person or organisation has made specific statements about your character which you believe to be untrue. Challenge it...

I agree. You don't want this going against you in the future when your just starting your career. It sounds to me like because things have been said about your OH that some people are turning on you for the same reasons, and with no proof of anything. I do hope you both resolve this situation.

libbyc3

thanks for the replies again.
my name is cleared as far as my course and placement go and I have no intention of letting things go, but we have 2 battles on are hands at the mo of which OH's seems the worst.

does anyone with any employment law type knowledge think my OH may have a case for victimisation? because we are right in the middle of it and we feel victimised I am fully aware doesn't mean we have a legal case.
As far as I am aware, the investigation consisted of staff being called to the head in 3's and asked 'do you have a problem with x or y'. x being my OH, y is another male member of staff who had been a bit pervy and has been sacked as a result. we are at a loss to know how OH's name has been dragged into it tho, and the 3 accusers have all been perfectly happy to work with my OH with no complaints at all - until this meeting took place.....

stephyt23

libbyc3 wrote: »

thanks for the replies again.
my name is cleared as far as my course and placement go and I have no intention of letting things go, but we have 2 battles on are hands at the mo of which OH's seems the worst.

does anyone with any employment law type knowledge think my OH may have a case for victimisation? because we are right in the middle of it and we feel victimised I am fully aware doesn't mean we have a legal case.
As far as I am aware, the investigation consisted of staff being called to the head in 3's and asked 'do you have a problem with x or y'. x being my OH, y is another male member of staff who had been a bit pervy and has been sacked as a result. we are at a loss to know how OH's name has been dragged into it tho, and the 3 accusers have all been perfectly happy to work with my OH with no complaints at all - until this meeting took place.....

I have no experience or knowledge of anything like that but being called to the office in 3's definitely sounds wrong. That doesn't sound very professional to me.

libbyc3

course the trouble is we have been told about the 'investigation' by my friends who still work at the school and staff who have phoned my OH who were shocked at his treatment, however, with the culture of fear within the staff there, none are going to stand and say that to anyone official as they know they would be next on the hit list.

DVardysShadow

libbyc3 wrote: »

... As far as I am aware, the investigation consisted of staff being called to the head in 3's and asked ....

Interesting that there were 3 complaints. I think I would want to see the records of the investigation - perhaps these 3 were called in together?