Boss giving order to employee to falsify documents

[mrs_overall]

My sister works in a school in a non teaching capacity and her line manager is the head teacher. The school did not fare well in a recent Ofsted inspection. The head has given my sister a direct instruction to falsify some reports. At the end of the day it would be my sister's word against the head's if this was brought out in the open. My sister says it's pointless asking for this instruction to be confirmed in writing as this won't happen, and the discussion took place with no witnesses present. Sis has told her union rep but has no evidence. Is it legal if my sis can engineer another meeting and tape record the conversation? Also, would pressure like this count towards constructive dismissal if my sis resigned through stress?

[kaztuz]

I think your Sister should seek professional advice from someone like Citizens Advice Bureau as they would be able to advise her the best way to go about this or know someone who could. At the end of the day your Sister is being asked to do something illegal and although it is her word against the head's why would she make something up like that. I don't think recording the conversation is the right way to go about it, as in a court of law recordings can not be used as evidence. I think if it was me I would report it to the Governors of the school and the County Council who run the school, whether I had evidence or not. At the end of the day it will become clear that the head had more to lose by getting another bad Ofsted report than your sister and if your sis and the head have a good working relationship and other members of staff back this up, who is the one most likely to be found to be telling the truth? The head has more reasons to be falsifying reports than your sis lying about being told to do it.

[thugulike]

The correct advice is for your sister to report this to the Chair of Governors. She should be aware though that her working life may become very difficult, She would, in effect, be making a 'protected disclosure' and would be able to make a claim to tribunal if she had to resign due to constructive dismissal. It may be appropriate for her to speak to the School Improvement Officer/School Inspector following her disclosure to the Governors.

Very difficult situation. She has my sympathy.

[Neild219]

this is a civil law and not criminal law therfore absolute proof is not required, only that the headmistress acted in this way on 'the balance of probabilty. It is essential that you keep a diary of these requests, stating time, what was said and what instructions you were given. Also how yuo felt, ie intimidated, bullied etc.
Produce this to your headmistress in due course and enjoy as she wilts before your eyes. This is may be used as evidence in any employment tribunal. If it is one word against the other, don't panic , The headmistress will back down long before that if you have made notes on time, dates requests etc,. Best evidence rule. Good luck

[mrs_overall]

My sister has read your answers and says thanks to all of you for your advice. Fortunately she has kept a diary of time/date/record of conversation etc. Her union rep is going to approach the governors on her behalf.
I told her that AB'ers would know what to do! You're all stars. Melanie xxxxx