Seemingly major problem at work...

I don't think you can shout "unfair dismissal" if you resign can you?

Complete load of ******** this, once the initial allegation turns out to be rubbish they for no good reason pull up an unrelated matter, then blow it out of proportions and try to sack you for it.
 
BigglesPiP said:
I don't think you can shout "unfair dismissal" if you resign can you?

Complete load of ******** this, once the initial allegation turns out to be rubbish they for no good reason pull up an unrelated matter, then blow it out of proportions and try to sack you for it.
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You can. If you feel emotionally pressured to resign because you feel that if you did continue to work there that you'd be discriminated or it makes your place within the company untenable.

If they attempt to blow it out of proportions then it's also grounds for action. It depends on the situation, the employment lawyer and the judge on the employment council. So there's no answer on this forum that is right or wrong.

A family friend of my parents is a retired employment council judge :D It's not all cut an dried based on the state of dismissal. Just because you're out the door doesn't prevent legal action based in their abuse of procedure. However you need the legal eagle to have a look at it's viability.
 
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bigredshark said:
I'd agree don't answer any more questions on here but bear these three things in mind...

- They likely have a decent grasp of employment law, so although on the surface your case sounds like the textbook example of constructive dismissal that makes me suspect it isn't. It's so obvious I'm amazed they be stupid enough to do it.
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it's quite interesting you say that, but i've been in places where nearly every person they've sacked, even for gross misconduct, was fudged up to such a way that the person sacked ended up with a payout, ranging from a month's wages to 25 years pension plus the rest.

i guess in the case of a school, they'd rather be sued for wrongful dismissal than be all over the press as a pedo school or something. better safe and sorry and all that.
 
You have to fight until the death.
At the moment the whole school will be talking about your suspension and supposedly paedo activities.
If you resign or they sack you, you will be guilty in most peoples eyes.
You have to get some legal help.
 
to the OP. you have age on your side wich will work for in the fact you are at the start of your career and still young but against you in a psychological manner, this could stay and haunt you (even though you've done nothing wrong!)
be open about it with your family and as had been said here before get legal advice and get your name cleared in the correct procedure. i'd also angle for loss of earnings and damages.
i'd also make a point of knowing that the parents of the girl who made the comment are aware of the damage the silly little immature pupil has done
 
Angilion said:
When you say "get off", do you mean "ruled not guilty" or "given a much lesser sentence, such as a suspended sentence"?

Because when I read the government's report on their changes to the sex crimes laws, it very explicitly stated that not knowing if someone was under age was not a defence regardless of any and all evidence that they were older, except that a person under 24 was allowed to use that defence once and only once.
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http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_1

(1) A person aged 18 or over (A) commits an offence if—

(a) he intentionally touches another person (B),

(b) the touching is sexual, and

(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or

(ii) B is under 13.
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Wicksta said:
He touched you as well? :eek:
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*smirk*

As for this thread, it is littered with conflicting and contradictory advice on every page. If you aren't a lawyer or other equally qualified expert don't give any advice! The OP needs real legal advice and he has been told 20 times already to speak to his union, solicitor, the CAB or any combination thereof.

"OcUK made me do it" is not going to stand up in a tribunal :p
 
Just one thing to note and its not in anyway meant to sway your decision to walk or be pushed. I went through a similar situation 2 years ago due to a major bust up with a colleague. (Said colleague started pratting about with a project I'd been working on for a month and I hit the roof :( ) I can tell you from experience that it will make very little difference what option you choose. Once you have a grey area on your CV you are always going to be quizzed on it at an interview. What I did ,and what I think is your best bet, is to resign and devote your efforts to finding another job. Any job will do, just get yourself back into work and try and move around between jobs for the next year.
Put some distance between your next IT job and the one you have just lost, and likewise ensure you have enough referees on your CV so that you can reasonably omit a referee from this job.
The main advantage at the moment is that given the state of the job market, you can quite reasonably say you were made redundant from this job in a years time and nobody will bat an eyelid.

Whatever you choose to do, I wish you all the best. Its a horrible time I know, but it will get better given time. :)
 
_Jimlad_ said:
ICT Strategy and guidance for schools and data / work with safe guarding and so on



yeah never great and spelling / point taken.... heard it all my life!



indeed the finest!

please to meet you mate!
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Do you have anything to do with Data work with Partnership authorities like for example a local shire council based in winchester ? :p
 
Avalon said:
Do you actually know what a CRB check is and what details it returns ? The police would have to be involved and have issued a caution as a minimum for anything to come back. Other than that it's POCA and POVA who may hold a record but if no formal action is taken (eg the case is unproven) after the suspension they normally wouldn't be notified iirc but that process may have changed. If you don't actually deal with CRB's now could be a good time to stop posting about them :)
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I think you're referring to a standard CRB check, not an enhanced CRB check.
 
redeye_uk said:
Funniest thing I have heard. Is it illegal? What does it even mean?

So what if you slept with someone who goes to a different school, how can that affect your ability to do your job?
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'inappropriate contact' does not necessarily mean 'had sex with'. The school might consider any contact outside of work to be inappropriate. I doubt if they'd go that far, but my point is that 'inappropriate' does not necessarily mean 'sexual'.
 
Nazca said:
It's things like this that makes me never want to work in a school.

Unlucky mate, but definitely get some legal advice.
Good luck.
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It's one of the reasons I left teaching. It was made very clear in the various workshops that education was meant to be a hostile working environment for men (and yes, only hostile for men, that was made very clear indeed). It wasn't the only reason, but the knowledge that I could not be safe at work was a factor in my resignation. It just wasn't worth the risk.
 
I think you have a number of options. However if you just walk away, you'll never work in a school / education again. The rumours will ruin you. Sorry, but it's true. I'd definitely get some legal advice.
 
To those who are saying that working in schools is hard for a male, you're wrong. It's true that there might be allegations (which could happen in any line of work), but if you ensure that you follow procedures correctly, you'll be fine.

i.e; working in appropriate areas, no outside school contact, making sure (if working with vulnerable children / possible accusers that there's another staff member involved/spectating). Generally it's bad decisions which cause problems, not the accusations themselves.
 
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