TORO Posted October 21, 2015 Posted October 21, 2015 Hello all, l have a issue with a member of staff that have been disruptive all of a sudden blatantly disobeying orders, and not admitting to issues. She was caught using a phone whilst on duty and DM asked her why and she said she was bored laughing, DM informed me and l called her in informed her of disobeying orders and policies. So l gave a first warning letter to be discussed in 7 days time and also giving her the opportunity to bring someone in. She then accused the DM of all sorts and demanding she gets a letter as well because she saw her using a phone which is false. She has been so disgruntled throughout the day, and to cap it all when DM was giving feedback to a parent , DM's key child, she (staff) was about to go home had her coat on, she just cut her midway during the feedback and said to the parent no she has been crying all day she has been restless and unhappy, making the DM look so stupid, incompetent and a liar, l was so embarrassed and could not believe what was happening. She was not even in the same room with the child and was not in anyway in the position to give feedback. l immediately had to call the parent in because he looked so confused and informed him that staff is going through a disciplinary and l don't know why she said what she said, that was the only the excuse l can give for her behaviour. l certainly do not want her in the Nursery and not sure if l can sack her instantly for gross misconduct. Apologies for any mistakes so distressed now. Quote
diesel10 Posted October 21, 2015 Posted October 21, 2015 Obviously I don't know how long she has worked there etc but I think I would have sacked her for having her phone while working. As for the feedback incident was she drunk!!! If you are not getting an straight answers during supervisions do you have any choice. Make sure you record everything. Quote
Panders Posted October 21, 2015 Posted October 21, 2015 Can you suspend her within your policies until everyone has had a chance to cool off? Then get her and her representative in for a disciplinary hearing. Record all that you can by all the parties involved - even the parent if he will. Quote
manor Posted October 21, 2015 Posted October 21, 2015 Like Panders has said I think you will have to follow your disciplinary proceedures within your policy. Other wise if she complains and you did'nt there could be consequences. There was a situation I heard about, but not sure where( a long time ago) where a setting did not follow proceedures and the staff member took them to court and won. The setting ended up having to pay costs. So I would be careful and seek advise first, before doing anything to drastic straight away. Quote
narnia Posted October 22, 2015 Posted October 22, 2015 Are you allowed to divulge that she is undergoing disciplinary action?? That might be considered confidential information Quote
JJA Posted October 22, 2015 Posted October 22, 2015 I would consider this gross misconduct, absolutely, on so many counts. Most importantly, the use of phone contravenes Child protection/Safeguarding Policies. Do you have it in your policy that you can check staff members' phones? I would have had to check that she hadn't been taking photographs whilst in possession of the phone. I think Panders has a good suggestion about suspension first as this will give you time to get everything in order and ensure you're following procedures. However, one thing that strikes me is why has this happened all of a sudden? I would want to be diffing down to find out what has caused this member of staff to start behaving this way as there might be more to deal with than just a staff disciplinary! Hope it all goes well, 1 Quote
Guest Posted October 22, 2015 Posted October 22, 2015 I would suspend with full pay until the date of her disciplinary and then take it from there. I know paying somebody to be off is a pain in the bottom, but not as big a pain in the bottom as trying to smooth over all the potential trouble she can cause in that time Quote
TORO Posted October 22, 2015 Author Posted October 22, 2015 Thank you all for you comments l really appreciate it all, l will be suspending her on full pay, and also calling ACAS today, thank you 1 Quote
JJA Posted October 22, 2015 Posted October 22, 2015 Are you a member of Preschool Learning Alliance? Their 'LawCall' service is absolutely invaluable. Have a good, long chat with a real lawyer/advisor who will let you know what you should be doing (they will, unfortunately, also point out all the processes you should have done too! But this helps for next time...) Quote
TORO Posted October 22, 2015 Author Posted October 22, 2015 Are you allowed to divulge that she is undergoing disciplinary action?? That might be considered confidential information l had no option parent looked very concerned and worried about the conflicting feedback giving to him, she left me with no choice at all, because she did it out of spite and was very vindictive, l was there and the look on her face when she was giving the false feedback was horrid to look at, pretending she was very concerned about the child and worried. l have been in this business for over 10 and never seen such behaviour in front of a parent. Quote
narnia Posted October 22, 2015 Posted October 22, 2015 No, I totally get why you did it and would probably have done the same thing ( after administering a slap!).................I was really just wondering if it was something she could use against you? 2 Quote
Panders Posted October 22, 2015 Posted October 22, 2015 I would suspend with full pay until the date of her disciplinary and then take it from there. I know paying somebody to be off is a pain in the bottom, but not as big a pain in the bottom as trying to smooth over all the potential trouble she can cause in that time Might she also put in a vindictive whistleblower to Ofsted?? 2 Quote
Cait Posted October 22, 2015 Posted October 22, 2015 I think perhaps a phone call to Ofsted and your insurance company is a good idea! Get your bit in first! 2 Quote
lashes2508 Posted October 22, 2015 Posted October 22, 2015 How awful , feel for you and your DM , parent and concerned as to what has triggered this behaviour! There is no excuse for the phone incident - not sure what you do presently but all staff have to place their phones into a box in office on arrival and are not allowed to use during their working day except on lunch break when they are away from children , we have a policy in place that states any member of staff using their phone will face immediate disciplinary action. This is a serious breach of policy and a serious safeguarding issue. I can only suggest you do what others have suggested , contact ofsted , law all and follow your disciplinary procedures , I would also let your LADO know. 1 Quote
TORO Posted October 22, 2015 Author Posted October 22, 2015 Might she also put in a vindictive whistleblower to Ofsted?? Oh yes going to call them tomorrow, l have had a share of malicious calls to OFSTED this year Quote
TORO Posted October 22, 2015 Author Posted October 22, 2015 I think perhaps a phone call to Ofsted and your insurance company is a good idea! Get your bit in first! I will thanks Quote
Conker Posted October 23, 2015 Posted October 23, 2015 If she has been with you less than 2 years you can just sack her. Longer than 2 years and you have to abide by your discipline policy and follow the steps, I would try and find out what brought this on, if she is bored does she need to be more involved and motivated? Has she got issues at home that are interfering with her work? Has she decided that this is the wrong job choices for her? ....and record it all! Just going through all this with a member of staff, luckily not been with us a year. Timekeeping, attitude etc and then the father sends a letter in saying she has learning difficulties that we didn't know about! Honestly it's a minefield out there! Quote
TORO Posted October 23, 2015 Author Posted October 23, 2015 If she has been with you less than 2 years you can just sack her. Longer than 2 years and you have to abide by your discipline policy and follow the steps, I would try and find out what brought this on, if she is bored does she need to be more involved and motivated? Has she got issues at home that are interfering with her work? Has she decided that this is the wrong job choices for her? ....and record it all! Just going through all this with a member of staff, luckily not been with us a year. Timekeeping, attitude etc and then the father sends a letter in saying she has learning difficulties that we didn't know about! Honestly it's a minefield out there! She started march last year, but she has been suspended till Tuesday now , not really sure why all the changes, a staff member thinks she might be suffering from depression, she just does not like to take responsibility for her actions, and still insisting she was right with the feedback, her explanations not making sense, and blaming others and me for not supporting her just in denial, l have done supervisions with her sent her on training courses, seen her in the office more than any staff put together. l cant do anymore and it is such a shame. There was no reason to be bored a lot could have been done during that time folders display, she is in charge of a room with my support. Quote
TORO Posted October 23, 2015 Author Posted October 23, 2015 Thanks everyone, This forum is a God sent, l can offload my worries and get it sorted membership money well spent, so love this forum. I have called Ofsted and its logged on. 4 Quote
MegaMum Posted October 24, 2015 Posted October 24, 2015 (edited) I feel for you. I had an ex member of staff refuse disciplinary and turned it around on me. It was a nightmare and to top it off lawcall believed her and said I should receive a verbal warning which I fought tooth and nail. (I won on that).She made my life hell for giving her a warning and she was the one violating our policies! It was awful to say the least and of course there was the inevitable annoynomous phone call to Ofsted and they came out because she knew what would trigger an inspection so made it about safeguarding. I few months later I found out where she was working ........... She was soon let go for lying on her application form and a several other things she had 'forgotten' to tell them about which I was more than happy to enlighten them about. Keep your chin up and document EVERYTHING! Edited October 24, 2015 by MegaMum 2 Quote
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