OH complaint against Headmaster
OH complaint against Headmaster
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tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
Hi All,

Without going into specifics my OH has been on the receiving end of a "bad" reference from her Headmaster at the prep school at which she works. Effectively a previous reference about 18 months ago was good / v.positive, but the more recent ones have been very average and actually contradict the previous reference.

She was wanting to see what could be done, potentially a complaint or maybe even going a legal route. Are there any Employment law types on here who wouldn't mind having a quick chat with her to see what options she has (if any)? Failing that could anyone give any recommendations on a decent employment law person / company that she could get in contact with?

Many thanks,

Steven

Trabi601

4,865 posts

124 months

Monday 29th May 2017
quotequote all
As with all cases like this, you only have her word that her performance hasn't deteriorated.

Be very wary about throwing money at lawyers!

tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
Indeed, however the contradiction is around things like subject knowledge - which would be hard to "deteriorate", especially as she is a language teacher and a native speaker. Also around things like relationship / rapport with students for which she got a very positive comment on at a lesson observation (by her line manager) 6 months ago.

Countdown

49,239 posts

225 months

Monday 29th May 2017
quotequote all
By reference do you mean "performance review"?


tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
No, she's been looking for jobs and had a few interviews but didn't get any further - so she asked for a copy of the references sent (which she received) - 1 was good/v.good (earlier reference) and the other 2 were "bad" or at least very average and contradictory of the earlier ref. The performance review was conducted by her line manager (not the head) back in November and was v.positive and mentioned explicitly that her rapport with the students was excellent - whereas within the more current references this aspect was graded as "satisfactory".

Magic919

14,456 posts

230 months

Monday 29th May 2017
quotequote all
In any normal place of work you tend to raise a grievance.

For legal, a friend used Philippa Wood at Keystone Law to good effect.

Robertj21a

18,009 posts

134 months

Monday 29th May 2017
quotequote all

I would be very wary of going down the legal route. Employers tend to not give out poor references without due care and consideration - they'd much rather give just an 'average' rating (or suggest that any interested parties should discuss it over the phone.........)

tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
She's actually got a new job now, and the prospective employers are fine with the "bad" reference. In this instance there are a number of other people with poor experiences of the Head - abusive language to one teacher, alledged bullying / harassment of another - basically she doesn't want him to "get away" with treating her / others poorly, or attempting to affect their future employment prospects.

I do take people's points about not going down a legal route / throwing money at lawyers - hence me asking if their was a "friendly" forum person who might be able to give a little advice and suggest if it was worth the effort in taking further...

GT03ROB

14,020 posts

250 months

Monday 29th May 2017
quotequote all
If the worst her reference says is satisfactory then I'm not sure where you can go with this.

Gargamel

16,342 posts

290 months

Monday 29th May 2017
quotequote all
tallstevef said:
She's actually got a new job now, and the prospective employers are fine with the "bad" reference. In this instance there are a number of other people with poor experiences of the Head - abusive language to one teacher, alledged bullying / harassment of another - basically she doesn't want him to "get away" with treating her / others poorly, or attempting to affect their future employment prospects.

I do take people's points about not going down a legal route / throwing money at lawyers - hence me asking if their was a "friendly" forum person who might be able to give a little advice and suggest if it was worth the effort in taking further...
What is the outcome you are looking for ?

It maybe very difficult to get any real evidence or proof that the reference wasn't fair comment. It will always be open to interpretation, some examples maybe given - which support the reference.


singlecoil

35,825 posts

275 months

Monday 29th May 2017
quotequote all
GT03ROB said:
If the worst her reference says is satisfactory then I'm not sure where you can go with this.
That might depend on what is customary for in this line of work. If the usual reference is quite a bit better than 'satisfactory' then being damned with faint praise might well amount to just that.

Remembering a long ago conversation with my marine engineer brother I'm sure he said that a 'satisfactory' comment in his paying off book was the equivalent of a bad reference.

GT03ROB

14,020 posts

250 months

Monday 29th May 2017
quotequote all
singlecoil said:
GT03ROB said:
If the worst her reference says is satisfactory then I'm not sure where you can go with this.
That might depend on what is customary for in this line of work. If the usual reference is quite a bit better than 'satisfactory' then being damned with faint praise might well amount to just that.

Remembering a long ago conversation with my marine engineer brother I'm sure he said that a 'satisfactory' comment in his paying off book was the equivalent of a bad reference.
Just goes to show why many companies no longer offer references that go further than confirming somebody worked at the company between 2 dates.

tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
With regards to what outcome she's looking for, I genuinely don't know - she was quite upset by the references, and the "marking down" of her subject knowledge and rapport with the kids. I get the sense that she wants to "not let him get away" with this, and to make a bit of an example of him, or at least make his employers question his actions / investigate this / other claims seriously. As one of the other posters mentioned, in the teaching trade (apparently!) the "satisfactory" rating without any qualification or explanation is / can be damaging (for a prospective employers point of view).

Wacky Racer

41,247 posts

276 months

Monday 29th May 2017
quotequote all
I would just move on.

She has another job, her new employers aren't bothered, forget it.

tallstevef

Original Poster:

162 posts

201 months

Monday 29th May 2017
quotequote all
Wacky Racer said:
I would just move on.

She has another job, her new employers aren't bothered, forget it.
That's what I would do - but since when do OH's listen to reason?!? smile

Du1point8

22,852 posts

221 months

Tuesday 30th May 2017
quotequote all
Strange you would get a bad reference.

The only thing I get now is:

X has worked here from A to B Date, his work he was satisfactory.

They refuse to put more on there as it could be used against them if its a bad review and this has been the case for many many years.

anonymous-user

83 months

Wednesday 31st May 2017
quotequote all
tallstevef said:
She's actually got a new job now, and the prospective employers are fine with the "bad" reference. In this instance there are a number of other people with poor experiences of the Head - abusive language to one teacher, alledged bullying / harassment of another - basically she doesn't want him to "get away" with treating her / others poorly, or attempting to affect their future employment prospects.

I do take people's points about not going down a legal route / throwing money at lawyers - hence me asking if their was a "friendly" forum person who might be able to give a little advice and suggest if it was worth the effort in taking further...
I am not friendly, but can give advice:-:

(1) The reference would only be actionable if maliciously false or carelessly false.

(2) There would be no claim without evidence of loss.

Your partner has a new job. She has no claim.


Edited by anonymous-user on Wednesday 31st May 07:59

anonymous-user

83 months

Wednesday 31st May 2017
quotequote all
tallstevef said:
... she wants to "not let him get away" with this, and to make a bit of an example of him...
He hasn't got away with anything. Tell your OH to go for a walk and stop being so daft.

Kermit power

29,622 posts

242 months

Wednesday 31st May 2017
quotequote all
tallstevef said:
Wacky Racer said:
I would just move on.

She has another job, her new employers aren't bothered, forget it.
That's what I would do - but since when do OH's listen to reason?!? smile
Remember all those times when you've been sat on the sofa of an evening on PH ignoring her, and when she complains about it you've told her about how helpful everyone is to everyone else on here and you're just repaying some favour some other member did you? wink

This is her trying to make you prove it! hehe

xjay1337

15,966 posts

147 months

Wednesday 31st May 2017
quotequote all
Breadvan72 said:
I am not friendly, but can give advice:-:

(1) The reference would only be actionable if maliciously false or carelessly false.

(2) There would be no claim without evidence of loss.

Your partner has a new job. She has no claim.


Edited by Breadvan72 on Wednesday 31st May 07:59
Breadvan has spoken! smile