Seemingly major problem at work...

Darkmatters · 21 Nov 2009 at 00:24

Sounds like it has been handled badly - I think it would be considered good practice to tell you the nature of the investigation. Contact your union rep asap if you haven't already. Good luck.

Angilion · 21 Nov 2009 at 00:31

Energize said:
http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030042_en_1

The CPS doesn't seem to agree, as their website gives the law in practive as being like I thought it was:

http://www.cps.gov.uk/legal/s_to_u/sexual_offences_unlawful_sexual_intercourse/

Mistake as to the girl's age is not a defence other than the very limited defence provided by section 6(3) ("the young man's defence") in relation to girls under 16, (Archbold 20-87).

R v K [2001] 3 WLR 471, HL, which examined the offence of indecent assault, did not extend the defence of mistake as to age to the offence of unlawful sexual intercourse (Archbold 20-70).

clv101 · 21 Nov 2009 at 00:53

If all else fails, write to the Daily Mail!

Seriously though, it does sound pretty bad. I've known teachers leave the profession entirely after students make similar false accusation, later retracted, but the reputation is permanently tarnished after a few weeks suspension.

You'd never get me working with children for just this reason.

fus said:
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.

That's a good point - when interviewing for a new job in a school or anything that involves children and you fail to mention the accusation and suspension preceding your resignation the rumour will most likely come back and bite you. If I were you, I'd be looking to get reinstated asap. It's the only way to prove your innocence in the longer term. Walking away like this will be regarded by many as admission of guilt.

Fuzz · 21 Nov 2009 at 01:24

arrghh end of thread and no further update... I stayed up late to read this..

Energize · 21 Nov 2009 at 01:41

Angilion said:
The CPS doesn't seem to agree, as their website gives the law in practive as being like I thought it was:

http://www.cps.gov.uk/legal/s_to_u/sexual_offences_unlawful_sexual_intercourse/

The CPS website quotes the Sexual Offences Act 1956 which is almost five decades out of date, the new legislation came into effect in 2003, after that case.

Wossi · 21 Nov 2009 at 07:49

Angilion said:
'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'.

This.

Was talking to my sister about this last night as she is a teacher. The teachers at her school are not supposed to fraternise with any pupil (regardless of age) outside of school hours, hell they aren't supposed to be on facebook either. You have to remember, that they won't just sack him for the sake of it and I would assume that they had thought this through long and hard before coming to a decision.

Dolph · 21 Nov 2009 at 09:19

How long have you worked at the school? That would determine somewhat the options that you have if you choose to persue it, as you have very little protection against unfair or constructive dismissal in the first year of employment.

leaskovski · 21 Nov 2009 at 09:55

Angilion said:
Particularly when they're only 2 years younger than you (OP is 19, second year sixth formers would be 17).

Buying booze down the pub for them?

Loosecannon · 21 Nov 2009 at 10:06

In the OP's position, even going out with a student is enough to get sacked for...

SexyGreyFox · 21 Nov 2009 at 10:14

leaskovski said:
Buying booze down the pub for them?

I would be very worried about this -

Affliction said:
The couple I know are friends of friends, so occasionally we're all out having a drink together,

Seriously OP, if you leave you are a paedo and if you get sacked you are a paedo so you need to fight this.
Have any rumours come back to you yet?

I've been on a secondment for the last 2 weeks now working with adults and I feel as though a weight has been taken off my shoulders.
Sometimes I get fed up of tip-toeing around child issues.

Affliction · 21 Nov 2009 at 11:47

Dolph said:
How long have you worked at the school? That would determine somewhat the options that you have if you choose to persue it, as you have very little protection against unfair or constructive dismissal in the first year of employment.

Exactly 5 months =\ And I was on a 6-month probation =[

Spoke to the CAB, they said while I may be able to get legal help on this, they wouldn't reccomend it because of both my age, and the fact I was still in my 6 month probationary period. Which I suppose is a good point, given that if I do get a lawyer involved, the school will most likely say that I was still on probation, so they could get rid of me for pretty much anything

Dolph · 21 Nov 2009 at 11:59

Affliction said:
Exactly 5 months =\ And I was on a 6-month probation =[

Spoke to the CAB, they said while I may be able to get legal help on this, they wouldn't reccomend it because of both my age, and the fact I was still in my 6 month probationary period. Which I suppose is a good point, given that if I do get a lawyer involved, the school will most likely say that I was still on probation, so they could get rid of me for pretty much anything

You're pretty much screwed in that case, because even if you had completed the 6 month probation, you're still under the 12 month period where protection against dismissal kicks in fully. (You are only covered for unfair dismissal due to Automatic unfair dismissal. The only thing I could see that could possibly apply is the lack of reasonable notice for the disciplinary hearing, although it is debatable whether what you had actually constituted a disciplinary hearing (where you have rights of accompaniment etc), or an investigation meeting where the likely consqeuences were laid out to you (where you do not) and you resigned before the hearing.

If you were in breach of the school guidelines surrounding friendships with students outside of the school, I really doubt there is much you can do unfortunately apart from put it down to experience and start working hard to get another job

Kainz · 21 Nov 2009 at 12:11

K.C. Leblanc · 21 Nov 2009 at 13:11

Affliction said:
Exactly 5 months =\ And I was on a 6-month probation =[

Spoke to the CAB, they said while I may be able to get legal help on this, they wouldn't reccomend it because of both my age, and the fact I was still in my 6 month probationary period. Which I suppose is a good point, given that if I do get a lawyer involved, the school will most likely say that I was still on probation, so they could get rid of me for pretty much anything

If you havn't already look at the thread about this on Edugeek and contact Grumbledook. Bare in mind not only will the school be bound by employment law, there might also be some guidlines set down by the county council.

p858snake · 22 Nov 2009 at 02:36

Affliction said:
Exactly 5 months =\ And I was on a 6-month probation =[

Spoke to the CAB, they said while I may be able to get legal help on this, they wouldn't reccomend it because of both my age, and the fact I was still in my 6 month probationary period. Which I suppose is a good point, given that if I do get a lawyer involved, the school will most likely say that I was still on probation, so they could get rid of me for pretty much anything

I do believe though, that if they fire you for anything else, they wouldn't be allowed to bring up/discuss the matter with any other companies that might consider hiring you ect.

Angilion · 22 Nov 2009 at 05:01

Energize said:
The CPS website quotes the Sexual Offences Act 1956 which is almost five decades out of date, the new legislation came into effect in 2003, after that case.

i) The "Setting The Boundaries" report that the 2003 legislation is based on also ruled out thinking someone was over 16 as a defence.

ii) The CPS page states at the top "Confirmed as up to date - 23/01/08"

Matt-Page · 22 Nov 2009 at 06:26

Cut the lying cows tongue out. That'll learn her.

On a serious note I'm sorry this has happened to you, and I hope it doesn't affect your future job prospects and status within your towm/community.

It's a shame the school didn't take the line of punishing the girl and apologising to you.

Goberpiles316 · 22 Nov 2009 at 07:03

I have to say that you may have options, I am a manager for a District Council, a few years back they changed the policy and basically gave a new employee the exact same rights as anyone employed at the Council, no probation period all the policys gave you protection and you can no longer just get ris of someone in the first 6 months.

I had to sack someone who was taken the pee from the start, started late October, managed to turn up off and on for two weeks, went off sick on 22nd December, never came in again. We got rid of him, he appealed and it got overturned by the members, so we ended up having to give him a crap load of cash so he couldnt return. I had done everything by the book as well, was an awful decision. Byt Councils would rather pay people off then go to a tribunel.

Cybermyk · 22 Nov 2009 at 14:34

I would seek legal advice asap about the defamation of character you have suffered and the schools use of hearsay and slander to dismiss you.

Spikey · 22 Nov 2009 at 15:08

I've only quickly read through this, but I think that this "lie" from the 10 year old girl was clealry used as a makeway for them finding a pathetic excuse to fire you, it definately sounds to me they've wanted rid of you for whatever reason and have found a way to do so. I still feel, like the others that something here doesn't quite add up. If what you say is correct then I hope you fight tooth and nail to get your name cleared. It sounds like a horrible situation to be in to be honest, so I hope you fight it.