Mrs NW Suspended on full pay!!

[NormalWisdom]

MrsNW returned to work on Tuesday. As her employers had "overlooked" training on cash handling and wastage she was to meet her manager for said activity. It took around 4 minutes, he handed her a bunch of policy documents, told her to go home, read and sign!!!!

She went back Wednesday, had a pretty decent day (the school's GM who has it in for her was out all day). Yesterday the fan was covered in excrement from all angles! It transpires the GM had instructed the staff at the school were to have no dialogue with MrsNW under any circumstances. Some other members of school staff are under investigation for theft from the canteen (one of whom had a fortuitous bingo win about 6 weeks ago!), they were caught on CCTV. One of MrsNW's own staff (who MrsNW used to take to work) has told colleagues MrsNW picked her up in the morning so that she could give her stolen food!!!

Then it appears MrsNW's manager had a long meeting with the GM who was insistent she didn't want MrsNW in the school (this vendetta has roots going way back). Seems her manager was going to attempt to relocate MrsNW to a school that was scheduled to close in July and use that as an opportunity to be rid of her for good (not actually sure yet why that didn't happen as was quite cunning!)

I am utterly astounded that people can behave in such a way. MrsNW is pretty aware of the ways of the world but this is really knocking her. On advice from a personal friend (who happens to be general secretary of a different union) she will be tendering her resignation today and commencing legal action for constructive dismissal.

[sugerbear]

I am not sure which I am more surprised about, the way she is being treated or the fact that her employees are so open to admit what they are trying to do.

Good luck.

[eatcustard]

Good luck MrsNW with the CD

[walm]

Best of luck to you and the Mrs OP.

[anonymous-user]

Been following this from the beginning but not posted.

All the best NW - what an awful situation for you and your wife. I hope you get a satisfactory result.

[Siscar]

Is it all provable? Anything on paper or can she rely on others to be her witnesses?

[NormalWisdom]

Siscar said:

Is it all provable? Anything on paper or can she rely on others to be her witnesses?

Some is on paper, the rest covered by willing witnesses

[mondeoman]

Holy fk!

[Siscar]

NormalWisdom said:

Siscar said:

Is it all provable? Anything on paper or can she rely on others to be her witnesses?

Some is on paper, the rest covered by willing witnesses

Sounds good then. My scepticism is born from seeing quite a number of CD cases and never seeing one that was successful. A key issue being lack of evidence, it tends to be the claimants word against a number of people from the employer, then people called as witness who turn all unhelpful as tribunal approaches. Most work for the same employer and when push comes to shove they don't like taking the stand against their employer. I'm not saying that is what will happen to you but I've seen it many times even from witnesses who no longer work there. So it's not what happened that matters, it's whether you can prove it. Good luck!

[Jasandjules]

NormalWisdom said:

Some is on paper, the rest covered by willing witnesses

Can I suggest you ask them to note it NOW and sign a bit of paper... Just in case they "change" their minds...

[zzzzzzzzzzzzzzz]

Jasandjules said:

Can I suggest you ask them to note it NOW and sign a bit of paper... Just in case they "change" their minds...

If they refuse to appear at tribunal, is their statement evidence admissable?

[Jasandjules]

zzzzzzzzzzzzzzz said:

If they refuse to appear at tribunal, is their statement evidence admissable?

Yes it can be. It won't have as much weight of course. I've had a witness not attend before and whilst the other side began to complain the judge just cut her off and said "Well I've read it now"..... But he did confirm that he could not give much weight to it as it was not sworn.

You can also just get them to confirm that they heard/said X or Y and when they did.... Do that in an e-mail.....

[Siscar]

zzzzzzzzzzzzzzz said:

If they refuse to appear at tribunal, is their statement evidence admissable?

Admissible implies a level of formality that's not always there but essentially if you want a witness you should get them to come along to the tribunal and in so doing give the opposition the opportunity to challenge what they say. Outside Scotland you can admit written statements in advance (and in all the UK may be ordered to) but really a tribunal wants them there to read their statement and be cross examined.

[Zeeky]

Generally witness statements are not read aloud by the witness any more. If a witness gives evidence orally and contradicts the evidence in a statement of a witness who doesn't attend the second statement is of little to no use unless the witness who does attend is found to be dishonest.

[Red Devil]

Jasandjules said:

zzzzzzzzzzzzzzz said:

If they refuse to appear at tribunal, is their statement evidence admissable?

Yes it can be. It won't have as much weight of course. I've had a witness not attend before and whilst the other side began to complain the judge just cut her off and said "Well I've read it now"..... But he did confirm that he could not give much weight to it as it was not sworn. it was

Surely an affidavit sworn before a Commissioner of Oaths would add to the weight?
Although admittedly the inability to subsequently question the witness at the tribunal would go the other way.

[anonymous-user]

Red Devil said:

Jasandjules said:

zzzzzzzzzzzzzzz said:

If they refuse to appear at tribunal, is their statement evidence admissable?

Yes it can be. It won't have as much weight of course. I've had a witness not attend before and whilst the other side began to complain the judge just cut her off and said "Well I've read it now"..... But he did confirm that he could not give much weight to it as it was not sworn. it was

Surely an affidavit sworn before a Commissioner of Oaths would add to the weight?
Although admittedly the inability to subsequently question the witness at the tribunal would go the other way.

Jeez, this thread has become surreal.

Get some proper advice FFS, there is little on here.

[Rich1973]

Smithers, release the hounds...
Hit them with everything you have got OP. Its a dispicable way to treat anybody, let alone a loyal and hard working employee.

[hidetheelephants]

Jesus Christ; how do people this stupid acquire positions of authority and power?

[Red Devil]

REALIST123 said:

Red Devil said:

Jasandjules said:

zzzzzzzzzzzzzzz said:

If they refuse to appear at tribunal, is their statement evidence admissable?

Yes it can be. It won't have as much weight of course. I've had a witness not attend before and whilst the other side began to complain the judge just cut her off and said "Well I've read it now"..... But he did confirm that he could not give much weight to it as it was not sworn.

Surely an affidavit sworn before a Commissioner of Oaths would add to the weight?
Although admittedly the inability to subsequently question the witness at the tribunal would go the other way.

Jeez, this thread has become surreal.

Get some proper advice FFS, there is little on here.

I was asking a question in response to the point made by Jasandjules (hoping he might respond).
If you have nothing useful to add why bother to quote my post?

[Jasandjules]

hidetheelephants said:

Jesus Christ; how do people this stupid acquire positions of authority and power?

In local Govt I believe it is almost a requirement to promote the useless.

Red Devil, sorry I missed that. The issue would be if there is evidence which is contested. In essence if there is a witness who disagrees with what the witness who does not attend said, whether under oath or not, then it has little value because of a failure to cross examine the absent witness. A witness statement is not "sworn" as such unless and until you actually take the stand.

Hopefully that makes sense.