shaznay Posted October 1, 2013 Share Posted October 1, 2013 Briefly my daughter started a job in May, It was a dream job in a school as an admin assistant, she is 31 and has 3 children so fitted in perfect with the kids etc. Apparently she is the 4th person to take the job in quite a short space of time and after the first week or so it became clear why. The person she was working alongside is quite bit older and to be honest from the word go she seemed to take an instant dislike to my daughter. She was on a three month trial obviously, most jobs are. The person in question started her onslaught of victimisation from more or less day one......it ranges from everything from the silent treatment, avoiding eye contact in the staff room, piling work on her while she sits and basically does as little as possible, criticising her work ( after she had only been there a few weeks and given no help ), she was struggling to cope with the piles of stuff been given her to do, and she is not a lazy person she is an excellent coper but even she was feeling bogged down and came home in tears many times and even bringing stuff home at night and weekends. Her hours were 8 till 3.30 but never came out before 4 pm or she was made to feel unreasonable. After the 3 months the head told her her work was excellent and they were pleased with her performance....however they said they were extending the probation period another 3 months......well the 3 months is now up and basically she has been told to leave....on what grounds ? because someone dosent like you for some reason or other Is this classed as unfair dismissal and WHY didn't they get rid after the first 3 months instead of her having to go through another 3 months of misery while someone decides if they are going to like you or not. She will be leaving anyway for her own sanity but surely this is out of order. I'm not sure if she has a case with still being on probation but the probation should never have been extended as her work, time keeping and attendance were all excellent. Any advise appreciated as I am fuming. Link to comment Share on other sites More sharing options...
Acdbelectric Posted October 1, 2013 Share Posted October 1, 2013 I seems like they have just used her for a short term fix,they. Ay have needed cover for this time only,lots of firms do it to the agency lads,they set them on with guarantees of months of work and when the short 2 week contract is up that they needed help getting done is over there out the door.if your daughter signed a contract agreeing to the extra 3 month then I would say she hasn't got a leg to stand on but tbf she probably hasn't got a case either way as these bigger company's including schools know every trick in the book Link to comment Share on other sites More sharing options...
truman Posted October 1, 2013 Share Posted October 1, 2013 I'm not sure that you can claim for unfair/constructive dismissal if you've been there for less than a year. .but I think the company have to have followed proper procedures for doing this ie correct notice period and disciplinary procedures.. I think your daughter should have been given these at the start of her employment.. the procedures may well be different for those on a probationary period to those who have got past this .. Link to comment Share on other sites More sharing options...
LeMaquis Posted October 1, 2013 Share Posted October 1, 2013 I believe Unfair Dismissal now has a 2 year limit if you became employed there after April 2012. However you should still be able to sue within less than that time if you can prove you were denied a statutory right - e.g. you suffered victimisation based on race, sex, disability, etc. Your daughter could contact ACAS, the Law Centre or an advice centre for the exact rules. Link to comment Share on other sites More sharing options...
Cyclone Posted October 1, 2013 Share Posted October 1, 2013 I'm not sure that you can claim for unfair/constructive dismissal if you've been there for less than a year. .but I think the company have to have followed proper procedures for doing this ie correct notice period and disciplinary procedures.. I think your daughter should have been given these at the start of her employment.. the procedures may well be different for those on a probationary period to those who have got past this .. No disciplinary procedure required for a probationary period dismissal, kind of the point of the period really isn't it. She shouldn't have accepted the extension of it, but that's no help in hind sight. Link to comment Share on other sites More sharing options...
truman Posted October 1, 2013 Share Posted October 1, 2013 No disciplinary procedure required for a probationary period dismissal, kind of the point of the period really isn't it. "If your Employer does not follow a disciplinary procedure to dismiss you, and your Employers disciplinary procedure is contractual, then they may be in breach of contract" from here http://www.freelanceadvisor.co.uk/getting-a-job/probationary-periods-the-myths/ Link to comment Share on other sites More sharing options...
geared Posted October 1, 2013 Share Posted October 1, 2013 Contact ACAS, they're very helpful and it's totally free. Link to comment Share on other sites More sharing options...
shaznay Posted October 1, 2013 Author Share Posted October 1, 2013 thanks for your replies she has a meeting tomorrow with the head and a member from HR so we will see what they have to say I will update with the outcome of the meeting thanks again Link to comment Share on other sites More sharing options...
1910 semi Posted October 1, 2013 Share Posted October 1, 2013 This is a case of bullying from nothing more than coward with deep problems. Do not rely on the headteacher or HR to help. HR are employed by the school to help the head not you, she really needs a union member with her. I started in a school 6 years ago and from the word go was subjected to similar things that you mentioned, at the time I thought "it was me" and put up with it. My confidence and self esteem went rock bottom, I found myself in the end buying her presents in an effort to get her to like me. She used to look at work I had created and later found out she had copied it onto a personal flash passing it off a hers. It turned out she was bullying other members of the school staff. It later turned out the head wished she never had employed her, but couldn't be bothered to take her on. My advice would be to put it down to bad experience and move on because if I had my time again I would have run away. I got my confidence back eventually but it took time. If your daughter is strong then definately go for HDVB, but she will need union/solicitor help. Link to comment Share on other sites More sharing options...
Rampent Posted October 1, 2013 Share Posted October 1, 2013 This is a case of bullying from nothing more than coward with deep problems. Do not rely on the headteacher or HR to help. HR are employed by the school to help the head not you, she really needs a union member with her. I started in a school 6 years ago and from the word go was subjected to similar things that you mentioned, at the time I thought "it was me" and put up with it. My confidence and self esteem went rock bottom, I found myself in the end buying her presents in an effort to get her to like me. She used to look at work I had created and later found out she had copied it onto a personal flash passing it off a hers. It turned out she was bullying other members of the school staff. It later turned out the head wished she never had employed her, but couldn't be bothered to take her on. My advice would be to put it down to bad experience and move on because if I had my time again I would have run away. I got my confidence back eventually but it took time. If your daughter is strong then definately go for HDVB, but she will need union/solicitor help. Bullies at work are horrible. The bold bit is horrendous. Good advice given. Link to comment Share on other sites More sharing options...
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