have i got a case?

flazzy

Hello

Recently I got sacked from my job for gross misconduct and I really need advice.

I worked in a nursery and a parent complained about me for allegedly assaulting a child which I have always 100% denied. I sat a child down after he had scratched another child, the mother saw this and complained. The child was not hurt in any way. The parent complained to the nursery who internally investigated and found me fit to carry on working. Two weeks later I am informed that she has gone to the police about this and I was suspended. The police found no case to answer.
So now the nursery decided to re-investigate the case (as, in their own words, "we didn't investigate it enough the first time") and sacked me after a disciplinary.

Where do I stand? Can they investigate twice? I certainly don't want to work there again, I just want it on record that I did not do this. I'm speaking to my union but beyond that I'm not too sure if there is anything I can do.......

Thanks

dseventy

How long have you worked there?
What process did they follow?

D70

flazzy

worked there for 3 years.....they seemed to follow their process of investigating internally...informing me of my suspension then after everything inviting me to a disciplinary meeting then sacking me.....

Uncertain

You need to take one to one legal advice. Your union should provide this.

You may well have a case but you should be aware that to dismiss fairly an employer only needs a reasonable belief that the misconduct took place. They do not need anything like the level of proof that the police would need for charges to be brought, let alone a conviction.

Also be aware that you have only three months from dismissal in which to lodge an employment tribunal claim so do not be strung along and run out of time.

ohreally

Leave the advice to come from your union.

Were you represented at the disciplinary hearing? Where are you in terms of appealing the decision?

pinkshoes

Did anyone other than the parent see you sit the child down? If not, then you and they only have the parent's word to go on, but seems rather unfair if they cleared you first time, but found you guilty second time. I'd perhaps request to see copies of BOTH investigations.

maninthestreet

So what new 'evidence' was presented in the second disciplanary that was not available in the first disciplinary?

colino

Why, instead of saying when accused of such a serious charge "I did not do it" would you state, "I have always 100% denied" (it)?
By all means take free advice or get a union involved but any organisation involved with the direct care of vulnerable people are, rightly, going to err on the side of caution to preserve their charges and their reputations.