gross misconduct

[danger mouse]

Hi all
can anyone give me some advice, my daughter been sacked from a nursery for gross misconduct, a child was hurt in her room (she not being blamed for the accident) she was sacked for not filling an accident form, on the appeal we proofed the company was also at fault, but they upheld the gross misconduct decision, she not work there for 2 years what we want to do is clear her name so she can still work in child care

[g8ina]

Go to your local CAB, we dont have any solicitors in here

[danger mouse]

Thank you g8ina
already been to cab, but she being there for less then two years so has no rights,

[Hoonigan]

As g8ina has said, your best bet is to visit your local CAB; failing that, visit a solicitor. Though, this will cost and may not have the desired result.

Really, when it comes to children, the rules have to be followed to the "T". This is just the way it is. If it was anything more serious and they had to rely on the accident book, your daughter could end up liable.

On an unrelated note - How wasn't the name "Danger Mouse" taken already?!

[danger mouse]

Thank you hoonigen
We'll take what you've said on aboard, she don't want her job back, now looking for yhe best way to get another job,
as for my name I know such a popular show in its day
also there culture in the nursery of no mark no need for accident form, an this was she first job so when her asked other was told not to bother

[Agent]

Hi danger mouse

Please take this the way it's intended - but this is primarily a tech forum. The chances that anyone here can help you with what you're asking is very slim. More so when the details you've given (and I'd suggest not giving any more) are very sparse.

It's really best to seek some proper legal advice. It will cost you of course, but that's their job.

[peterb]

As agent says, in fact I'd go further and say that no Internet forum where the credentials of those giving advice cannot be readily established is not the place for obtaining advice for such a personal or sensitive nature.

If she is in a a Trade Union, they may be able to help, otherwise you need to seek professional legal advice.

[danger mouse]

Hi Agent
thank you, your comments are taken as intended, i didn't realise this was a tech forum, but thank to everybody for they advice

[Saracen]

Go to your local CAB, we dont have any solicitors in here

I wouldn't be so sure about that.

(But in case anyone wonders, no, I'm not).

Whether they want to admit it, or get involved in specific legal problems or not, is another matter.

But I agree with you and others. We regularly get discussions about legal issues, but relying on actual advice is rather iffy.

One thing, Danger mouse .... most solicitors will give a brief initial consultation free of charge. Ask first, but either a brief phone chat or in some cases, face-to-face, enough to give brief details of your problem, and for the solicitor to tell you if there's any legal route you can pursue. Find someone with an employment background, not just doing wills and house conveyancing.

[RobbieRoy]

As an employer myself I'm sad to say that employees with less than 2 yrs service don't have many employment rights at all, especially younger ones. However, I would suggest looking through what's on the ACAS website at http://www.acas.org.uk as there's lots of good advice for both employers and employees, including exactly who has what rights.

As to how you described the incident in question, DM, it sounds a little bit of an over-reaction and so the employer may (I stress this is totally speculative) have been looking for something to use against your daughter.

[Unique]

ACAS and CAB can offer advice, but unless the employer simply opts to change their mind, it's probably going to require a lawyer

the thing is, an employer can be fined for failure to report an accident or near miss, and in the worst circumstances the person responsible can be imprisoned. that's not the person responsible for the accident, but the person responsible for reporting an accident, so employers have to treat these things very seriously, especially if it's a dangerous type of job or one working with children

I'm not sure how the company was also at fault, if it was someone elses responsibility to complete the report, then surely the employer would have taken action against them. however even in a tribunal situation, the tribunal would look at whether the disciplinary was handled in a fair manner, more than anything else (ie. the right paperwork and procedures being followed as opposed to the proof of the employee committing the offence the were disciplined / dismissed for)

the employer will also likely have all sorts of insurance if they deal with kids, and litigation insurance is probably included so they are unlikely to give in easily