Worried Daughter- Missed Job off application form

Undervalued

Topadviser said:

So I thought I would update this.
My daughter had a Teams Meeting with 3 'Managers' and basically although my Daughter is employed by the Local Government she works for part of a school and it is their policy that is used for Code of Conduct etc.
Meeting was held and the Head Teacher (HT) stated that they wanted to hear my daughters side as to why the job was omitted as it 'may' have warranted more questions and then later in the meeting she said she would have 'definitely' asked more questions.
The HT then went onto state that they are classing this under the code of conduct 'falsifying' documents and therefore 'Gross Misconduct' but stated that as she does not have the power to make a decision as it is the 'Governors' that make the final decision and she does not have the power to dismiss!
Obviously my daughter has argued this is grossly unfair as this was a genuine mistake and that she informed them of the issue.
She now has to wait 7 days for a Face to Face formal meeting with 5 people at the school even though she asked for it to be done as soon as possible, but they said they have to follow procedures (which they haven't done and used the excuse of holidays!!).
So it looks like this will be a 'dismissal' but obviously my daughter will fight this even though she does not wish to work there any more as they as so unprofessional.
The funny thing is, my daughter asked about what she should do between now and next week with regards to work and they have told her to continue as normal.
Not sure whether my daughter should argue the point before the meeting and send a further statement (she sent a statement before the meeting due to stress and anxiety) or wait and see what is said, however my guess is that if the HT is classing this as Gross Misconduct then the Governor will do the same. 

As I said in an earlier post her best option is to apologise profusely as she is not really in a position to "fight this". With less that two years service she cannot claim unfair dismissal (if that were to happen) unless she can truthfully show unlawful discrimination on one of the few legally protected grounds. 

Far from being "so unprofessional" it seems to me they are doing everything by the book but taking a very tough line. 

Your original post didn't mention that this was a school / education setting. To be honest, had you done so I wouldn't have been as reassuring in my previous reply. There are strict rules regarding checking past employment in education for obvious reasons. If your daughter's omission was entirely accidental then that is unfortunate but obviously when something like that happens it raises questions of is there anything to hide. Maybe this school or the HT has had a bad experience in the past?

Marcon

Topadviser said:

So I thought I would update this.
My daughter had a Teams Meeting with 3 'Managers' and basically although my Daughter is employed by the Local Government she works for part of a school and it is their policy that is used for Code of Conduct etc.
Meeting was held and the Head Teacher (HT) stated that they wanted to hear my daughters side as to why the job was omitted as it 'may' have warranted more questions and then later in the meeting she said she would have 'definitely' asked more questions.
The HT then went onto state that they are classing this under the code of conduct 'falsifying' documents and therefore 'Gross Misconduct' but stated that as she does not have the power to make a decision as it is the 'Governors' that make the final decision and she does not have the power to dismiss!
Obviously my daughter has argued this is grossly unfair as this was a genuine mistake and that she informed them of the issue.
She now has to wait 7 days for a Face to Face formal meeting with 5 people at the school even though she asked for it to be done as soon as possible, but they said they have to follow procedures (which they haven't done and used the excuse of holidays!!).
So it looks like this will be a 'dismissal' but obviously my daughter will fight this even though she does not wish to work there any more as they as so unprofessional.
The funny thing is, my daughter asked about what she should do between now and next week with regards to work and they have told her to continue as normal.
Not sure whether my daughter should argue the point before the meeting and send a further statement (she sent a statement before the meeting due to stress and anxiety) or wait and see what is said, however my guess is that if the HT is classing this as Gross Misconduct then the Governor will do the same. 

The fact she works in a school setting rather alters things...as does the HT's comment that she would definitely have asked more questions, which suggests there's something ringing alarm bells for her about this previous period of employment.

There's nothing 'unprofessional' about what is happening, but it does seem to be extraordinarily heavy handed if this was nothing more sinister than a simple oversight. Telling your daughter to continue as normal isn't 'a funny thing' - it's what you'd expect while schools are still on holiday and there is no direct contact with the children.

Given she was effectively given a dispensation to apply for the job by someone who knew her, even though the closing date had passed, makes it even odder.

It does seem to have become a right old mess and a big issue, which is either because it's been blown out of all proportion, or because there's more to it than your daughter has admitted to you. If things are exactly as she has said - a mistaken omission - then she needs to stick to her guns and apologise again. Sending in another statement isn't really going to help anything, since she'll have nothing new to say.

Topadviser

Thanks for your comments.
When I state a 'school setting' the 'service' she works with is based there but she has nothing to do with the school children etc, she is a co-ordinator dealing with placements etc but employed by the Local Authority and not the school directly.
My daughter has told the whole truth and there is nothing to hide with her past job and she has told them this and she has a DBS for all her jobs etc. She did not leave under a cloud and actually returned to her previous job and was promoted within a few months.......there is no issue about her work or work ethics at all.
The person who she knew who allowed her to apply has since left the job and gone elsewhere which she only found out he was doing this when she started.
As for 'Constructive' or 'Unfair' dismissal, she has worked for the Local Government for over 5 years and this is shown with her extra annual leave and continuation of pension, however I am not sure if they will allow this as they have stated that her previous job, albeit under Local Government rules was a separate Company, even though she has continuation of service, extra annual leave and the LGPS.....very odd.
They would not allow her to take a 'friend' to the meeting as she has only just started work at the place so does no know the existing staff and also they were on holiday, and she is not a Union Member....and even though she asked for 'reasonable adjustment' due to her mental health, they declined this.
She has now visited the GP who has signed her off for 2 weeks as a minimum.
Can they dismiss her next week if she is off due to her Mental Health and cannot and does not want to attend the meeting?
All in all I think she would be far better out of the job as it appears that they have been totally unfair with this. They did not even query the contract as this has different dates for employment to what the application form stated, so obviously they did not check the contents before giving it to my daughter, and as I have said, although she has nothing to hide about her previous job, if she had not mentioned it due to the wrong dates in her contract they would never have known about it, but my daughter being honest like she is told them and now it appears that she will be dismissed.

Undervalued

Topadviser said:

Thanks for your comments.
When I state a 'school setting' the 'service' she works with is based there but she has nothing to do with the school children etc, she is a co-ordinator dealing with placements etc but employed by the Local Authority and not the school directly.
My daughter has told the whole truth and there is nothing to hide with her past job and she has told them this and she has a DBS for all her jobs etc. She did not leave under a cloud and actually returned to her previous job and was promoted within a few months.......there is no issue about her work or work ethics at all.
The person who she knew who allowed her to apply has since left the job and gone elsewhere which she only found out he was doing this when she started.
As for 'Constructive' or 'Unfair' dismissal, she has worked for the Local Government for over 5 years and this is shown with her extra annual leave and continuation of pension, however I am not sure if they will allow this as they have stated that her previous job, albeit under Local Government rules was a separate Company, even though she has continuation of service, extra annual leave and the LGPS.....very odd.
They would not allow her to take a 'friend' to the meeting as she has only just started work at the place so does no know the existing staff and also they were on holiday, and she is not a Union Member....and even though she asked for 'reasonable adjustment' due to her mental health, they declined this.
She has now visited the GP who has signed her off for 2 weeks as a minimum.
Can they dismiss her next week if she is off due to her Mental Health and cannot and does not want to attend the meeting?
All in all I think she would be far better out of the job as it appears that they have been totally unfair with this. They did not even query the contract as this has different dates for employment to what the application form stated, so obviously they did not check the contents before giving it to my daughter, and as I have said, although she has nothing to hide about her previous job, if she had not mentioned it due to the wrong dates in her contract they would never have known about it, but my daughter being honest like she is told them and now it appears that she will be dismissed.

Well they could but would normally be advised that it would best to reschedule at least once. However, being off sick is not the same thing as being unable to attend a meeting. If her doctor is specifically saying that she is too unwell to attend the meeting itself then he needs to say so in writing.

The recent meeting was clearly an investigation and not a formal disciplinary hearing. As such she had no legal right to be accompanied and as the employer chose to offer that facility they are entitled to set their own conditions as to who that could be. At a formal disciplinary meeting she can be accompanied by a work colleague or an accredited trades union rep and the meeting would be invalid if they refused that.

As she is not a member of a union she will struggle to get a union rep. Technically that could be anybody who is an accredited rep for any union, even if they are not acting on behalf of that union! There is case law to support this. Some employment solicitors can supply such a person for a significant fee!

The continuity of service aspect needs careful investigation but unless it exceeds two years it is a moot point as without she could simply be dismissed without any formal procedure at all.

That said, even if she has 2+ years service providing false information on a job application (even if accidentally) could be considered gross misconduct in this type of employment. Harsh maybe but that is not the same as legally unfair.