Sacked when partner imprisoned.

anamenottaken

amersall wrote: »

All I know is any debts in her partners sole name are his, she cannot be made to pay them.
I think it strange that she has been sacked because of the offence her partner committed, maybe schools do this? I know that you have a CRB check to work with children, don't know if this applies to anyone in the household though, hopefully somebody will post who knows why this may have happened.

As she was sacked because of this maybe she could claim income based JSA? as this was not her fault.

For jobs where the work is done only on school premises, then it is just the employee who is subject to CRB (now DBS).

If someone is proposing to work as a child minder at home then anyone also occupying the dwelling is checked too.

Dunroamin

Takeaway_Addict wrote: »

either way its irrelivent

Not necessarily.

Takeaway_Addict

Dunroamin wrote: »

Not necessarily.

How so? (filler)

frilly_knickers

Dunroamin wrote: »

I still think that there might be more to it than you've been told.

That's all that I have been told, you may be right, three years is a long time for such an offence I guess, however my niece is 100% innocent, even if it is something more serious it seems unfair that she should be punished. I believe she started the job at the beginning of January 2012, after the Christmas holidays, when her youngest started school.

de_g.

frilly_knickers wrote: »

She discussed with the headmistress who said that the governors had made the decision and it was not her choice. They said that they thought it was inappropriate to have her remain in employment. As she has not been there for 2 years it appears she cannot even go to a tribunal.
She is also worried about bullying of the children, which is another matter.
The whole incident is so upsetting for the whole family.

In maintained schools (i.e. funded by the local authority etc) governors are only responsible for hiring and firing decisions when it comes to the Head and Deputy Head. All other staff employed directly by the school are the responsibility of the Headteacher, though it is considered good practice to involve a governor in recruitment of staff generally as a member of the interview panel.

If it's an Academy, well they are a law unto themselves and it may have been a decision of the governing body.

Sounds to me like Dunroamin has it right though, and that there is more to it than you've been told. Whatever the case though, the school still has a duty of care to the children including protecting them from any bullying - and given the circumstances, I'd hope that the school has them on the radar of the local Children & Family Services department too, as they are clearly going to be going through a tough time anyway (that doesn't mean social services and having them taken away - it's all about supporting the family to make sure the children continue to thrive in a supportive home environment).

Whatever happens, I hope all goes well for your niece and her family - she's lucky to have an Aunt looking out for her and her children, but she's going to need all the support she can get.

bluenoseam

3 years is not really inconceivable for driving without insurance and driving while disqualified - more so when you take into account the fact he's got previous motoring offenses inclusive of drink driving.

I would advise your friend to go to a lawyer & get this dealt with, if she started in January they'd need to have a reason to sack her - and I don't think this quite measures up. A secondary though might be is your friend on a limited term contract?

The_Magnificent_Spoon

If this story is 100% true, then its a very, very clear case for unfair dismissal.

Good luck to your niece. Although it sounds like she could do with finding somebody a little more... 'responsible'? Who are we to judge though.

The_Magnificent_Spoon

bluenoseam wrote: »

3 years is not really inconceivable for driving without insurance and driving while disqualified - more so when you take into account the fact he's got previous motoring offenses inclusive of drink driving.

I would advise your friend to go to a lawyer & get this dealt with, if she started in January they'd need to have a reason to sack her - and I don't think this quite measures up. A secondary though might be is your friend on a limited term contract?

Even temporary contract workers are protected from unfair dismissal.

frilly_knickers

bluenoseam wrote: »

3 years is not really inconceivable for driving without insurance and driving while disqualified - more so when you take into account the fact he's got previous motoring offenses inclusive of drink driving.

I would advise your friend to go to a lawyer & get this dealt with, if she started in January they'd need to have a reason to sack her - and I don't think this quite measures up. A secondary though might be is your friend on a limited term contract?

I don't really know the terms of her contract of employment. I think I will suggest she seeks further advice from the CAB.

The most annoying thing is that she actually told the school about the situation as she thought it was the right thing to do, clearly honesty was not the best policy in this case, very disappointing.

Dunroamin

frilly_knickers wrote: »

That's all that I have been told, you may be right, three years is a long time for such an offence I guess, however my niece is 100% innocent, even if it is something more serious it seems unfair that she should be punished. I believe she started the job at the beginning of January 2012, after the Christmas holidays, when her youngest started school.

If she's confident that she's done nothing wrong then she should involve her union before seeing a solicitor as they should be able to advise her and provide her with legal representation.