employer's behaviour - please advise!

libbyc3

OH was told at the investigatory meeting that the statements from the three staff would be shredded as the matter was now closed.

would there be investigation records - or rather should there be?

DVardysShadow

libbyc3 wrote: »

OH was told at the investigatory meeting that the statements from the three staff would be shredded as the matter was now closed.

would there be investigation records - or rather should there be?

That stinks. I find it unacceptable - if the records of the investigation are shredded, then nothing should remain on his file. He should be able to challenge what his accusers have said and see their accusations in the least processed form. I am talking natural justice, rather than any legislation

libbyc3

thanks - this is exactly where we are so confused - everything they have done just doesn't seem right,
He did read the statements at the investigation meeting - thats how he knew the second one was written by the headmistress and not even signed by the girl who was 'accussing' him (she also failed to mention that she had a cup of tea with us before accepting a lift from OH before she felt threatened by his text!)

In all honesty we believe there has been some sort of intimidation to get these statement out of the people who wrote them - but we'll never prove it.

*Scarlett

Do you have any home insurance? You might have legal protection cover to cover solicitors advice and fees. If so you could ring for some advice on this as they usually cover employment disputes. You might find that your policy includes a free legal helpline -this would not obviously cover fess but they might be able to point you in the right direction.

If your OH is a member of a union I would contact them, or maybe try CAB.

You need to consult any employee handbooks or disciplinary procedures that you have to make sure they have followed the correct procedure.

It all sounds very distressing and I wish you the best of luck getting this sorted.

libbyc3

Im just bumping this in case anyone else has got any advice or thoughts

hoo

Hiya,

Just a thought but do you have a local law surgery? Parish councils hold them sometimes- ours does one each month with local accountants, solicitors,etc. If not check the yellow pages some solicitors specialise in employment law and some offer 30mins free session. I've used them with a previous issue with a neighbour. They will give you an idea if they can help and if not some pointers. Well worth a look especially a face to face meeting as you can take in any paperwork etc. If the school get wind that you are taking legal advice and going the right way about things it may have them back tracking as they have been so underhand.
Good luck x

Danfuss

I am not an expert but the following might help so here goes.
OH has been employed as a Teaching Assistant at the school since November 2008.
In February 2011 OH is given a letter advising that he was being investigated on the basis of three complaints of sexual harassment:
(1) Made by a teacher he worked with two years’ ago (i.e. 2009) that “he stood too close to her”;
(2) Made by a fellow TA that she felt threatened by a text message sent to her six months’ ago (i.e. August 2010) while the TA’s husband was doing some plastering work in OH/OP’s home;
(3) Made by a new teacher in January 2011 on the grounds that she felt “belittled” by his remark about her clothing style.
Based on the accuracy of the above this suggests two things:
The OH is the subject of malicious gossip in the staff room and, prompted by the latest item in (3) above, the complainants have decided to make a (joint) formal complaint to the Head which the Head could not ignore; or
The Head wants rid (for whatever reason) and has been asking around for grounds to discipline the OH.
He should, as ACAS advised, raise a grievance about the manner in which the complaints have been handled.
OH does not have a case for ‘victimisation’, IMHO, but he could have one for constructive (unfair) dismissal, although this is very difficult to succeed in claiming at an Employment Tribunal. He would have to argue that his employer’s treatment has breached one of the fundamental terms of his contract e.g. mutual trust and confidence between employer and employee. There are strict time scales involved and delay can be fatal to a case.
The suggestion to go to the CAB for advice is a good one. Many Bureaux have specialist employment law advisors. Just getting advice could help the OP’s OH to feel more in control of the situation and less of a victim. It’s worth noting that many more cases settle before the hearing than not, and usually with a compromise agreement which includes an agreed form of reference for a future employer.