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Hi guys and girls, this may be a long one so make a cup of tea
My sister currently works as a nursery nurse (basically playing and entertaining the children in a nursery) she has no specialist training for this nor any qualifications/accreditations. About a month ago she was out and about in Cardiff town, had a few drinks with her friends and got a taxi home accompanied by a colleague. The taxi driver was a father of one of the children in the nursery and they got talking and girls being girls finally got him to mention that he fancied one of the other girls at the nursery. They had a laugh and a joke and went their separate ways. The next day the colleague let slip to the child of the taxi driver (be it accidently or on purpose I do not know) that his father fancied one of the other girls. of course then when the father appeared to take the boy home accompanied by his wife, the kid blurted out what he had heard (you couldn't write this stuff). Now I can only speculate what went on in their household that night but i can imagine it was frosty.
A few days passed and my sister was called into a meeting with the manager who informed her that the father of the child (aka the taxi driver) had informed the nursery that while my sister and her colleague were in the taxi that night they had said "All we do is stick on a DVD and leave the kids too it while we go down the pub". My sister absolutely refutes the claim and was suspects it was more to do with revenge (even though my sister had nothing to do with the slip). She was told there and then by the manager that she did not believe the story herself as they do not even have a DVD player in the nursery and the gent was quite agitated on the phone and was clamouring for stories to make up. Talking to her colleague they had both had a meeting with the manager and had both told the same story. Time passed and all was forgotten
2 weeks later and now the owner of the nursery has called my sister in for a "Disciplinary" next Tuesday (25th November) to address the allegations.
From what my sister tells me the owner is somewhat of a bully, constantly threatening her and the other girls with the sack if they do not do odd jobs (clearing leaves etc), telling them that they can only have 1/4 of an hour for lunch etc etc.
My sister does not have a written contract of employment although I understand this is not a requirement but would have been bloody helpful She has payslips etc to prove that she is in employment with the nursery.
He has told my sister that she cannot bring anyone with her to the disciplinary, cannot have a copy of the disciplinary procedures (although we suspect this is due to there not actually being any) and that the exact matter of the disciplinary will be explained in it. I have told her to ask for these things due to the other helpful posts on this forum and my own rather limited employment law knowledge.
So my questions are :
1. does not having a written contract of employment hinder or limit her in any sort of way?
2. Due to the fact that the owner has not given her any of the materials or explanations requested does she actually have to attend the disciplinary?
3. if she does go can she take a colleague in with her or even better me
From what i can see it's an extremely mickey mouse operation and i'd like to see her just quit and get another job. the owner even gets an allowance from the local council for an Autistic child that they care for to provide 2 piece puzzles and other specialist toys but the owner pockets it instead. I've already reported this to the local council who are "looking into it"
My sister is extremely worried that this could just be a way of getting rid of her and also that it could be a black mark on her employment record (as also threatened by the owner). She is 21 and this is her first job and absolutely loves it so I would be very grateful of any help you kind folks could give me.
Sorry to leave such a brief reply - but this really is a crucial question
How long has she worked there?
Che
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Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
So my questions are :
1. does not having a written contract of employment hinder or limit her in any sort of way?
2. Due to the fact that the owner has not given her any of the materials or explanations requested does she actually have to attend the disciplinary?
3. if she does go can she take a colleague in with her or even better me
1) I think the contract issue is somewhat of a red herring and not nescessarily relevant to the issue at hand. The change of name is irrelevant as her old T & c' should have continued
2) I personally would attend as failure to attend can be viewed as a breach of a reasonable management instruction. I would enter the meeting, ask them to expand / outline their allegations and have it recorded for the record that you were not provided with any detailed allegations in advance and formally request an adjournment in order to prepare your defence.
3) Stat rights is TU Rep or Work colleague, so they don't have to allow you in.
She has over 12months service, on the facts, as you outline them, sounds like they don't have a clue about correct disc procedure and could merely be creating an enourmous rod for their own back.
Don't worry about the reference just yet - untrue ref's can be liable they could be sued for that later - if they do indeed do that.
Che
......................... ......................... ....................
Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.
I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.
Sisters Disciplinary Hearing
She has payslips etc to prove that she is in employment with the nursery.
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Originally Posted by BanjoCat
