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Why would a head give false info on a reference?

Discussion in 'Headteachers' started by skigirl, Dec 12, 2011.

  1. skigirl

    skigirl New commenter

    My ex head gave false information regarding sick leave on a reference - am just curious as to why a head would act in such a maclicous, un professional and illegal manner, when she clearly had sick notes from the dr with the exact reason on and a letter about the illness from myself.
    No wonder people lose faith in this "profession"
  2. skigirl

    skigirl New commenter

    My ex head gave false information regarding sick leave on a reference - am just curious as to why a head would act in such a maclicous, un professional and illegal manner, when she clearly had sick notes from the dr with the exact reason on and a letter about the illness from myself.
    No wonder people lose faith in this "profession"
  3. You are clearly angry. But, have you thought that this might be a c*ck up, rather than a conspiracy?
  4. skigirl

    skigirl New commenter

    I would doubt its a mix up as it was a pregnancy related issue! It was rather obvious I was pregnant!
  5. TheoGriff

    TheoGriff Star commenter

    Highly unlikely that a Head would do any such thing.
    Why on earth would she put herself at risk of legal challenge from you and of a possible Gross Misconduct charge by the Governing Body, whereby she could lose her job?
    Therefore it is more likely that there has been an administrative mix-up, with the wrong information being taken from files that did not relate to you, but have ended up on your reference.
    I'm sorry that you have this problem, but I believe that going around saying that the Head has acted in such a manner could be putting yourself in the wrong. You need to contact the school, enquire where the incorrect information came from, and ask for the error to be corrected.
    Best wishes
    TheoGriff. Member of the TES Careers Advice Service.
    I do Application and Interview one-to-ones, and also contribute to the Job Application Seminars. We look at application letters, executive summaries and interviews, with practical exercises that people really appreciate.
  6. skigirl

    skigirl New commenter

    Thank you for your reply Theo. I did not mean to come across as I was bad mouthing, just asking a genuine question as to why a head would provide wrong information. I find it hard to believe she got the info from a wrong file - its a small first school. But if this is the case, these people have a lot of power in their hands, and could theroetically cost a person a job by providing incorrect info, so why would the file not be double checked to make sure that it was for the correct person?
    But judging by the way she reacted to my sick leave and my attempts to contact her to discuss or to explain were totally ignored, it all feels like it was not a mix up! I do not feel she provided a duty of care to me - but that isnt the issue here, just part of what makes me think it wasn't an accident.
    She will not forward the ref until she has taken advice as she says I have made a "serious allegation", i stated in my letter I was aware incorrect info had been provided and would like to see a copy, i mentioned none of the words in my OP, that was just me venting my frustration that my dream job is in jepordy and two weeks after my interview I am still awaiting a result!
  7. A head would not give "false information" as the repercussions of doing so are serious. Perhaps "incorrect information"?
    You use very strong language and clearly there has been some dispute over the sick days, as you allude to other issues. Choose your words carefully when communicating with the headteacher and remain professional and hopefully you will resolve this.
    Is the information factually correct on the reference? ie number of days off? Regardless of doctor's notes or other medical evidence, absence is absence.
    You have every right to see the reference and can challenge incorrect facts, but I wonder if this may cause more difficulties with regards to moving forward.

    good luck!!
  8. skigirl

    skigirl New commenter

    She more than doubled the amount of time u had off and have a reason as something I've never even suffered from! I was under the impression pregnancy sick leave was treated different to normal sick leave?
  9. Pregnancy related sick leave is still sick leave.
    If the number of days does not tally then you have a simple resolution. Go back to your diary and the school records (SIMS I imagine) to clarify.
    Where does the headteacher get the medical terminology if it is not on your sick notes from the GP?
    Procede with caution and remain calm!! All you want is clarification and an accurate reference.
  10. skigirl

    skigirl New commenter

    I have counted back through my diary and as the number she quoted was more days than I was under contract with them. (0.4) I have no idea where she got the terminology as nothing like that was on my sick note. It was two very specific pregnancy related issues and the gp and myself discussed the wording for the sick note.
  11. skigirl

    skigirl New commenter

    I found this on the working families website
    "If you are ill during pregnancy your employer’s normal sickness rules apply, with a few exceptions. If the illness is pregnancy-related it should be recorded as such, it does not count towards your sickness record and you cannot be dismissed for it. For this reason it is a good idea for your doctor to state specifically on your sick notes when an illness is pregnancy-related.
    You should not be treated less favourably than other employees because you are sick, so for instance you should be paid your employer’s normal sick pay. If your employer does not pay sick pay or you have exhausted their scheme, then your employer must pay you Statutory Sick Pay (SSP), if you meet the conditions of entitlement.
    Note that if you are sick during the part of your pregnancy when Statutory Maternity Pay (SMP) is calculated and you get less than your normal pay (e.g. you get SSP only, or half pay) this could affect your entitlement to SMP."
    If this is the case she should have recorded 5 days as opposed to the 64 she put!!! I didn't even work at the school for 64 days - i did 2 days a week from nov and my maternity leave started april!
    I am just so frustrated! I don't particularly want a reference from her, but i am scared that the info she has given will go against me! Regardless of me giving correct info to potential school they have read what she has put and that will be in their minds?
  12. skigirl

    skigirl New commenter

    Well! The ref has cost me the job! I am gutted, upset, livid and I really don't know where to go from here. She wouldnt take my call this afternoon - i tried yesterday but couldnt get through! I worked my backside off for this job and the feedback i got about my performance was good and said i had reached the required standard - it was the ref!
  13. Gardening Leaves

    Gardening Leaves New commenter

    You need specific legal advice, if this is the situation. As others have said, your Head is potentially in deep trouble, if she has knowingly given false information. Almost certainly she will argue, however, that this is a simple administrative error - and it may well be, of course.
    Contact your union, not at local level but at regional level and ask for specific pregnancy-related employment law advice. If you are not in a union, another option would be to contact a lawyer who specialises in employment law. If you check your home insurance, you may well find that it includes legal cover for precisely this kind of situation. In any case, lawyers usually offer a free first half hour or hour. Your local Citizens' Advice Bureau will also offer free legal advice from advisors trained in employment law.
  14. The Equality Act 2010 specifically states that it is unlawful to ask questions about sickness and our LA have removed the section on application forms where it used to ask about this as well as giving clear guidance for heads that they should not ask referees for sickness information.

    The first time fitness for work should be discussed is when an applicant has been offered a job subject to satisfactory medical clearance by Occupational Health.
  15. skigirl

    skigirl New commenter

    Until I see what is written I wont know if they asked but from what I have been told she said she wouldnt reccommend me as I had 64 days sick leave. I did not have this! But like I said I am having trouble getting hold of her, and she wants advice before releasing the info she has provided - is she covering her back? Who knows. I am too devastated still! I travelled abroad for this interview, it cost me a lot of money!
  16. minnieminx

    minnieminx New commenter

    Were you off sick at both ends of a holiday time? This can add to the sickness days.
  17. skigirl

    skigirl New commenter

    No. If you are part time do they only count the days you are contracted to work or a full week? I have counted if they used a full week and its still wrong doing it that way!
  18. Rabboni

    Rabboni New commenter

    Take the whole thing to employment tribunal. If it means that you have become unemployable because of her then take the bull by th horn and argue your case in court. You have nothing to loose if you dont have a job. Plus you even have plenty of time to prepare your case or take to the union if you are a member.
  19. Rott Weiler

    Rott Weiler Star commenter Forum guide

    There's another issue here that hasn't been mentioned. The potential new employer who was interviewing you for a job cannot take into account your sickness record at all in deciding whether to offer you the job, although they can make an offer conditional on you meeting teacher health standards. It's been prohibited in most circumstances under the Equality Act 20101 since October last year. Discuss this aspect with your union as well.
  20. veritytrue

    veritytrue New commenter

    Would this apply though if the job is overseas?

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