Where does my girlfriend stand in all this?

[[TW]Fox]

If this was just a "girl fight" where no-one was proven "guilty"

Then why would she have been excluded from school?

 

[Robbo]

Then why would she have been excluded from school?

You dont have to be in trouble with the police as part of an exclusion.

But the school must have deemed something against her favour with regard to what happened, though things like this can be difficult to prove within schools due to children lying and groups of people saying different things, and so on.

Still, it's hard to judge because we obviously dont have the full story and more went on than a little scuffle

 

[PapaLazaru]

Company sounds crap if this is the case, she's better off looking elsewhere.

 

[Gackt]

Murder the other girl and her mother.

Problem solved.

Also, Marmite.

 

[duc999]

99.99999% of most companies problems are caused by HR.

Usually led by a hairy woman with a Hitler complex and no qualifications whatsoever

 

[M0T]

I would suggest she goes in tomorrow with a letter setting out the truth of the situation, hands it the the MD and then walks out never to return.

There is no way she will be able to work there now and trying to find a way to keep going will cause her a lot of pain.

 

[Pookie Bear]

What rights does an employee have after 2.5 days though (and in a probation period)?

They have plenty of rights, they aren't fully developed employment rights, but they have a variety of statutory rights and protections against discrimination. I wish I had the time and inclination to point out all the errors in this thread, but I don't. I do this all day at work - which is why my advice was simple and direct.

Care to offer some good advice then?

I already did - I believe "Call ACAS" constitutes pretty damn good advice.

 

[Moley]

If this criminal record (or guilty proven assault against) was not disclosed, its her own fault for not disclosing appropriately and the company have moved her after being informed otherwise.

Unless she is in one of the jobs that legally requires disclosure (any job that has contact with kids) or the company asks her directly, then she is under no obligation to report the criminal record - also if she was convicted at 14 and is now 18 and never went to prison then any conviction she could have held is most likely spent now and she wouldn't have to disclose it anyway.

 

[gambitt]

Exactly. Bringing something that happened when she was 14 that resulted in her expulsion from school into a workplace is rediculous and very unprofessional. Probably busy body HR reps with not much to do trying to justify their jobs. I don't care if the police were involved - that doesn't mean anything at this stage if she doesn't have a record and I would class their actions as bullying.

Unfortunately as she has just joined the company they can probably sack her for farting.

 

[snowball1]

Community service for something she did at 14, are you sure?

 

[Wicksta]

They have plenty of rights, they aren't fully developed employment rights, but they have a variety of statutory rights and protections against discrimination. I wish I had the time and inclination to point out all the errors in this thread, but I don't. I do this all day at work - which is why my advice was simple and direct.

How about pointing out a few of the rights? I'm interested because I live with an HR manager for a large international software company and she seems to think during a probation period you're pretty much screwed, especially after only 2.5 days in a job. I don't really want to bore her all night with details of the stupid forums I visit though.

 

[[FnG]magnolia]

Arrange a fight in the car park between your GF and the woman she previously beat to a pulp. The winner gets to stay with the company whilst the loser has to buy 100 pairs of used jeans off you.

To add to the excitement, ensure everyone is yelling "FIGHT! FIGHT! FIGHT!" like they did when they were at school. You know, to get your GF in the mood for some reckless violence.

 

[Scrutinize]

I am going to keep this pretty brief so;

Firstly, just because she may not have been asked to disclose her criminal record / community service etc will not alleviate or resolve the issue in the employer’s eyes and as rightly pointed out above, in her probation period her rights are minimal.

From the employer’s point of view, this obviously affected the family who were effectively the victims and it was only 4 years ago. Principally, they probably do not want to have a person with this history / past working in the role she applied for or to be working in the company at all. Especially, in case her actions or behaviour affected many other people over the last few years.

Essentially the employer has their reputation to consider and any outward, staff or person facing role may not be deemed suitable for her. I would fully support the company’s view if this is the line they are taking. The employer will not know if she has really changed or if her behaviour is just masked and will obviously be concerned about the situation. Having trust in employees is an important consideration for an employer.

Secondly, has she ever sincerely apologised to the victim and their family? She may have been oblivious to the fallout of all the events. Has she ever tired to do anything to earn the trust back of the family and demonstrate she has changed?

I would suggest the realistic solution is for her to speak to the other family and girl, apologise and try her hardest to demonstrate to them she has changed. Irrespective of the below, she really should do this if only for some closure.

Then, her best option will be to either take the new role and work hard and prove to the employer she has changed and earn their trust (which is what will be in question at the moment) or leave and move on.

As for employment tribunal, she would have virtually no chance and even if she went it would take months or even years to get at most a couple of thousand pounds and cause a massive headache along the way.

 

[Von Smallhausen]

Community service for something she did at 14, are you sure?

That's exactly what I was thinking.

 

[HAz]

That's exactly what I was thinking.

im guessing head stomping with high heels on

 

[ColdAsIce]

Fox nailed this thread.

 

[FishFluff]

Then why would she have been excluded from school?

I suggest you stop talking about exclusions Fox as you clearly know nothing about them. I work in an LEA and believe me, exclusion reasons vary wildly from school to school. Some schools will exclude pupils for as much as throwing paper at a teacher, others will (quite literally) let kids get away with murder before excluding them.

 

[gambitt]

Not to mention that her exclusion from school is completely irrelevant in a professional workplace.

 

[matthab]

Personally I would see the CAB, speak to my boss which may refer you to HR. I would also try speaking to the girls and family to work out a way to settle this and solve it as this is ruining both of there lives and isnt bennifiting anyone.

Failing that look for a new job while working there and leave while also taking legal action.

 

[antijoke]

Why are people even contemplating discussing this with the family?

That is the last thing I would do. Two on 1 saying she hurled abuse at them/anything else they care to say?

Steer clear of any form of contact with them woul dbe my advice.