Cyclone Posted October 1, 2013 Share Posted October 1, 2013 "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/ They follow correct disciplinary procedures (your Employer may also have a separate probationary period policy which outlines their procedures to end your employment) the 'contractual disciplinary procedure' that specifically relates to probationary period probably goes along the lines of We tell you that we are not satisfied and will not be extending your employment any further. You are given the contractually defined notice or pay in lieu of it. The end If you are dismissed before you have 1 years continuous service (or 2 years for employment starting from 6th April 2012) then you do not have a right to claim unfair dismissal but you may have the right to claim breach of contract if the situation above applies to you. Link to comment Share on other sites More sharing options...
El Cid Posted October 1, 2013 Share Posted October 1, 2013 After the 3 months the head told her her work was excellent and they were pleased with her performance.... She will be leaving anyway for her own sanity but surely this is out of order. Just be posative and try to get a good reference; anything else will just damage her prospects for her next job. Link to comment Share on other sites More sharing options...
shaznay Posted October 2, 2013 Author Share Posted October 2, 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. Thanks so much for your reply and a very similar situation to what my daughter is in. (Im wondering if was same school ) very uncannily similar, What angers me is how can they be allowed to get away with it I thought bullying was zero tolerance in schools......all this banging on in the press and on TV about bullying in schools should be stamped out...... If the staff don't get any help or support when they are being bullied and victimised what's happening with the kids, very disturbing. The meeting has been postponed has my daughter hadn't got a representative, was only told Tues would be Weds afternoon. However this woman concerned had got the head a union rep and an Hr woman present.....very unfair, so she has now asked for meeting to be postponed while she arranges a union rep. Link to comment Share on other sites More sharing options...
Randy Posted October 2, 2013 Share Posted October 2, 2013 Thanks so much for your reply and a very similar situation to what my daughter is in. (Im wondering if was same school ) very uncannily similar, What angers me is how can they be allowed to get away with it I thought bullying was zero tolerance in schools......all this banging on in the press and on TV about bullying in schools should be stamped out...... If the staff don't get any help or support when they are being bullied and victimised what's happening with the kids, very disturbing. The meeting has been postponed has my daughter hadn't got a representative, was only told Tues would be Weds afternoon. However this woman concerned had got the head a union rep and an Hr woman present.....very unfair, so she has now asked for meeting to be postponed while she arranges a union rep. It sounds to me that it's not bullying, it's just a personality clash. We all sometimes have to work with people we don't get on with, so I'd say your daughter should just put it down to experience, get agood reference and move on. Link to comment Share on other sites More sharing options...
shaznay Posted October 2, 2013 Author Share Posted October 2, 2013 It sounds to me that it's not bullying, it's just a personality clash. We all sometimes have to work with people we don't get on with, so I'd say your daughter should just put it down to experience, get agood reference and move on. Its a lot more than that though, she is the fourth person to have taken the job in a short space of time....and everyone has left because of the atmosphere with this woman. I'm so mad as she has done it yet again. Why cant they see she is like poison in that school and it spreads beyond the office....she has the Head in her clutches and no one is comfortable going in the office and having to deal with her, how can it be a personality clash when clearly she hasn't got one. You are right it is all experience and maybe she will recover eventually from the ordeal. I'm afraid we just cannot sit and let it go without trying to appeal against the dismissal even if nothing becomes of it, we will have at least tried. Link to comment Share on other sites More sharing options...
Michael_W Posted October 2, 2013 Share Posted October 2, 2013 Its a lot more than that though, she is the fourth person to have taken the job in a short space of time....and everyone has left because of the atmosphere with this woman. I'm so mad as she has done it yet again. Why cant they see she is like poison in that school and it spreads beyond the office....she has the Head in her clutches and no one is comfortable going in the office and having to deal with her, how can it be a personality clash when clearly she hasn't got one. You are right it is all experience and maybe she will recover eventually from the ordeal. I'm afraid we just cannot sit and let it go without trying to appeal against the dismissal even if nothing becomes of it, we will have at least tried. Randy is right, but I agree with you about making the appeal, if only to let them know what sort of person they are employing, I'm sure your daughter will move on and find better employment ! Link to comment Share on other sites More sharing options...
shaznay Posted October 2, 2013 Author Share Posted October 2, 2013 Randy is right, but I agree with you about making the appeal, if only to let them know what sort of person they are employing, I'm sure your daughter will move on and find better employment ! Thanks yes I'm sure by now they have seen a pattern emerging I think this woman needs help maybe counselling in how to interact with people, she clearly has a problem IMO I hope they deal with it before the poor next unsuspecting person takes the job and has to go through what my daughter has. Link to comment Share on other sites More sharing options...
Rampent Posted October 2, 2013 Share Posted October 2, 2013 Thanks yes I'm sure by now they have seen a pattern emerging I think this woman needs help maybe counselling in how to interact with people, she clearly has a problem IMO I hope they deal with it before the poor next unsuspecting person takes the job and has to go through what my daughter has. What's the outcome? Link to comment Share on other sites More sharing options...
Ladystiletto Posted October 3, 2013 Share Posted October 3, 2013 It sounds to me that it's not bullying, it's just a personality clash. We all sometimes have to work with people we don't get on with, so I'd say your daughter should just put it down to experience, get agood reference and move on. Agreed! Sounds like she had a bit of a bad time but its a harsh world out there and she should use this as a learning curve and move on. Link to comment Share on other sites More sharing options...
shaznay Posted October 3, 2013 Author Share Posted October 3, 2013 What's the outcome? Hi Rampent the meeting was postponed as my daughter hadn't enough notice to get a union representative, so we are awaiting another date and time x ---------- Post added 03-10-2013 at 10:01 ---------- Agreed! Sounds like she had a bit of a bad time but its a harsh world out there and she should use this as a learning curve and move on. Yes this is what will happen and I am sure she is better off out of that shambles of a school, However its the fact this woman is getting away with it time and time again and the head is letting it happen, its disgusting. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.