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Help: Gross Misconduct


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I know the situation in Nursery is very different from what we as childminders do, but I think your employee would make a terrific childminder. She has made precisely the decisions I would have made in my setting. Keep costs down, keep the child safe, don't make Dad have to leave work (my assumption), keep the parents happy. I understand the 'what if's' and that it wasn't her job to make those decisions, and that she didn't follow the procedures, but what really happened here?

 

If you really want to come down heavy, counsel her into Childminding where she'll earn much more money and be a real asset to the families she is obviously eager to support.

 

I hope this situation works out well for all concerned,

 

Honey

 

I take your point Honey, however, the bottom line is that she is not in an autonomous position and does not have 'suitable person' status. The onus is on me to ensure she is 'suitable' to manage in my absence and I can no longer say this to be true. It's me that has to answer to the powers that be and considering another complaint is in place that states she is not acting appropriately with the children in her care I really have no room for maneuver on this.

 

I have to take an objective view and comply with registration requirements. This kind of thing does not sit well with me but I'm the one in the firing line if things go wrong and I have a duty to make sure they don't!

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I had the same issue last year when a staff member left another member of staff alone in the setting because it was the end of her shift and knew someone else was on their way. At it was she was walking out as the other staff was walking in but the intent to leave whether or not the staff had arrived on time was obvious. In our policies it clearly states that breaking the requirements of our Ofsted Registration is gross misconduct and as 2 staff with a level 3 and another qualified staff is the minimum requirements it was clear cut for us. As it was new member of staff and a new setting, after much deliberation I gave her a final written warning but helped to have the policy written out with loads of detail.

 

Our policy states that:

If, after investigation, it is confirmed that an employee has committed an offence of the following nature (the list is not exhaustive), the normal consequence will be dismissal immediately:

 

theft

damage to property

fraud

physical violence

bullying

gross insubordination

sexualised behaviour

verbal aggression

incapacity for work due to being under the influence of alcohol or illegal drugs

breaking the terms of our registration

endangering the safety of the children either through neglect or misconduct

 

Hope this helps??

 

Ours is the same, I know many feel that we are over policied, I believe that our policies are a true reflection of what we do in practice and all staff contribute and review. They are there to ensure we comply at all times and as a manager I refer staff to them constantly so there is no excuse really.

 

It's good to know I'm not the only one and have reflected sideways on my part in this situation also. The thing I should have done is challenge this staff member on her attitude a long time ago instead of trying to contain the situation.

 

Am exausted by it all and can't wait until Friday!

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Good luck and like you say, the policies are their as a clear cut guidance and if she knows this, there should be no query. Hope it goes as well as it can ...

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Sorry to come into this a bit late and think I have got the gist of it. Seems to me your main concern here is a safeguarding one-Did you talk to your local safeguarding officer? In our LA they really give sound, informed advice and also it helps if there is an issue that they are aware.

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Thanks Pink,

 

first think I did was contact my LA and as always got some sound advice and perspective.

 

Had hearing and went surprisingly well. Result will be 'action short of dismissal', i.e. demotion from post. Not an easy situation and my first of a serious nature so I guess another experience under the belt if you like. Am totally exhausted by my entire situation at the mo and just two days until the end of term with much to do as this has detracted from my original plans for this last couple of weeks. Hmmm, wonder who will be putting in the unpaid time during the summer break to catch up? Oh, that'll be me then! :o

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