Have I done something wrong to be taken to employment tribunal?
I am single parent to disabled child who gets funding to employ tutors to work with my son at home and school. This has been going well for 2 years. I advertised for tutor part time, self emploed making clear it was 2 month probation period before Xmas. I employed someone from the school my son attends part time thinking they would be suitable....three weeks into training (34.5hrs/50hrs training) I assessed her to be unsafe i.e letting my son play with electrical sockets without stopping him/ not doing therapy as being taught; 90% incorrect then contridicting tutor whom was training her (did it to me days earlier when training her). Asked for reference from her when she applied for job and a few times up until she started the position. She eventually gave me reference two weeks into post (7 weeks after I interview her asking for reference ...the reference confirmed her 'danger' around children! She said she taught english to foreign students but could not write simple instructions for my son to follow, do phonics, teach writing skills and not say words including his name (my son has severe communication and speech impairment)She was also a bit off with him when he did not respond, pushed him to chair instead of direct him and screamed at me and refused to leave for an hour when I dismissed her (in my home my son started to cry and she pushed him out of way and slam door behind her.....my son follows his tutors to the door to wave bye and nearly had his hand injured by the sheer force she slammed door). I had no choice but to dismiss her as she believed sitting child down to explain danger was enough(she said she worked with this disability for many years and was experienced)...my son has no danger awareness due to disability needs to be stopped immediately from something not sat down after he has touched electrical sockets etc... The reference was from the HT from the school. She said the HT didnt like her. I explained with or without reference that I was very concerned and I would have had to let her go and the reference only confirmed my fears (I did not tell her what HT said over phone). She emailed me next day accussing me of ruining her life etc...and she was out to get HT very angry with her. Anyway had letter today at school she is taking myself and school to employment tribunal for racism ( I employed a greek man and american woman before her she is spanish) and wants job back and compensation. I am unemployed carer to my son and have a new tutor now...plus I would not want someone to be with my son who is aggressive, cant teach/speak/spell english to a level he can understand (age 5) and wont stop him from injuring himself. She also is saying I used reference as 'an exuse' to get rid of her as I didn't like her and the reference was not bad (it was,but would have had to let her go due to her way in dealing with my son and not able to teach him anything as was not doing anything we taught her and only had two more days to make 50hrs or training she should have been ready to work alone, but no where near any level in any skill trainined) and she denies I told her it was two month probation period (I told her infront of other tutor which all tutors get). What do I need to do..I have a form to fill in for tribunal that is due back in 3.5 weeks. i have enough stress with caring/managing staff/professionals/appointments/therapy/extra work to catch up etc for my son without this! feel scared....what have I done wrong? Advice please?????
Asked By: MOJO - 2/24/2010
Best Answer - Chosen by Asker
Sounds really stupid. Considering the fact that you hired her in the first place, I think that rules out racism.
Answered By: Gary - 2/24/2010
Additional Answers (1)
RACISM IS OUT
Answered By: Mike - 2/24/2010
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