Soothing the pain caused by a disciplinary process that followed a fall

How an employer differentiates between an accident and act of gross misconduct can make a huge difference to an employee’s career.

While teaching assistant Leilani was adamant a child was injured as a result of a genuine playground accident, her employer believed it was her fault.

The primary school worker was supervising a group of children when one of them, aged four, fell from a play tower and suffered a cut to the head.

Leilani tended to the child and documented exactly what had happened.

As is normal procedure the child’s parents were made aware of the accident.

The following day Lelani, who had worked at the school for four years, was summoned to her manager’s office. She was asked again about the accident, and explained what happened.

Leilani was informed the parents had made a complaint. It alleged she told the child not to go on the play equipment, became frustrated when ignored, and pulled the child back as it ran up the steps causing it to fall. She categorically denied the allegation.

Distraught Leilani was then told it was a serous safeguarding matter, and suspended from work.

She was informed it could be reported to the Disclosure and Barring Service (DBS), which could lead to her being banned from working with children in future.

The school carried out a questionable disciplinary investigation. Other members of staff in the playground at the time were interviewed.

None of them witnessed the accident or lead up to it. The statements only contained details about what they witnessed after it.

Leilani was invited to an investigation meeting, also known as a fact-finding meeting, as part of the disciplinary investigation process.

At the meeting Leilani described how she was tending to another crying child, heard a scream behind her, before turning around to see the child had fallen from the equipment.

The investigation produced no direct evidence to support the allegation. However, Leilani was invited to attend a formal disciplinary hearing.

The school was relying solely on the email complaint from the parents to support the allegation.

Leilani faced a single allegation of mishandling a child and causing it to fall and suffer an injury.

The letter inviting Leilani to the disciplinary hearing warned if the allegation was proven a potential outcome was dismissal.

Distraught and worried Leilani contacted our Employee Support Centre for help.

Leilani was devastated by the allegation, threat it could prevent her from working in childcare and wreck her ambition to become a teacher.

Our representative spoke to Leilani about her record with the school and if there had been any previous problems or allegations.

She confirmed no complaints or concerns had ever been raised about her performance or conduct.

Leilani provided our representative with evidence of positive feedback from her appraisals and supervision sessions, and several compliments from parents for her caring and professional attitude.

Our representative presented this as evidence to the disciplinary panel. It was to support his assertion the allegation was groundless and completely out of character.

In addressing the allegation itself, the main focus of our representative was on the unfairness of the disciplinary process and lack of any tangible evidence to support such a serious allegation.

Leilani had told our representative that there had been other accidents involving children falling from the play tower and being injured.

Our representative aware that schools should document such accidents, had requested details of those accidents ahead of the hearing. That information was provided.

It was presented to the panel to support that what happened was a genuine accident, and it was not the first on the equipment.

 Leilani also gave her account of the incident and explained how she felt about the allegation and the impact it had on her.

 She was asked a number of questions before the hearing was adjourned to allow the panel to time to reach an outcome.

After an incredibly quick break, the hearing reconvened and Leilani was delighted to be informed she had been cleared of the allegation.