An expert lesson and top marks for successfully dealing with a gross misconduct allegation

Teacher Yvette was facing a career ruining allegation before a welcome tip from a colleague changed everything.

The secondary school teacher was alleged to have a grudge against a female student, which meant she was deliberately low marking her work.

It followed an earlier incident at the start of the school year that resulted in Yvette being given ‘words of advice’ due to the nature of the conversation when she told the same child to stop filming on her mobile phone in a class.

The student’s parents complained the low marking was an act of retribution.

It led to Yvette, who had over 10 years’ service, being invited to a disciplinary hearing to face an allegation of gross misconduct, with the threat of dismissal.

Yvette had the right to be accompanied at the disciplinary hearing, and asked a male colleague to be her companion.

He refused, and suggested instead that she contact our Employee Support Centre for expert help.

Yvette’s workmate had previously been supported by one of our trade union representatives after raising a grievance, key points of which were upheld.

When Yvette spoke to our trade union rep, she explained how she had been suspended from work and had later categorically denied the allegation when invited to a fact-finding meeting as part of the disciplinary investigation.

Given the nature of the allegation and potential consequences for Yvette’s career, our trade union rep knew it would take a lot more than her denial to win the case.

Our trade union rep after discussing the case with Yvette and thoroughly reviewing it, identified other evidence he believed could help her case.

Several documents were requested from the school. A request was also made for Yvette to be allowed access to the school’s computer system and her emails in order so that she could gather evidence she believed would help her case.

Yvette was allowed supervised access to the system and her emails prior to the hearing.

Using the evidence available and gathered, our trade union rep did a comprehensive presentation of Yvette’s case at the disciplinary hearing.

He did so with the use of a prepared statement of case as the basis, which had been shared with Yvette beforehand and it also included her input.

In presenting the case our trade union rep asserted the allegation was unfair, unwarranted, unfounded and should be dismissed.

Our trade union rep in setting out the case, used the evidence requested and gathered. 

He was able to show information that Yvette had shared with students about marking assignments, redacted samples from other students showing the consistency of marking, and feedback given to the student in question to help her improve.

He told the hearing Yvette marked the work of all students objectively using the same criteria and strictly on the quality of the work submitted to her, as she had always done.

Our trade union rep was able to show the hearing evidence of constructive feedback that Yvette had given to the student to help her and, crucially, a couple of examples of where the pointers provided appeared to have been taken on board, and the standard of work improved as a direct result. 

Yvette’s long-service exemplary work record - apart from the two complaints in relation to the student - her  positive performance feedback from school management and compliments from present and former students were referred to in order to highlight her professionalism, dedication and fair treatment of those she teaches.

Our trade union rep summed up the case by telling the hearing the evidence simply did not support the allegation, and it should be dismissed.

The chair of the disciplinary hearing panel asked Yvette just a couple of questions after the presentation by our trade union rep.

Following the hearing Yvette was later informed she had been cleared of the allegation.

If you are facing  any type of disciplinary allegation and you need the invaluable support of one of our experienced and skilled trade union representatives, contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.