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Advice wanted

Discussion in 'Workplace dilemmas' started by martydog, May 1, 2011.

  1. martydog

    martydog New commenter

    I am presently on sick leave however I have decided that I wish to leave my school. The question is do I do a compromise agreement or just resign. I am off work due to the pressure and stress my SLT has caused. Any advice would be good please.
     
  2. martydog I wholeheartedly sympathise with your situation. Was in a similar situation myself, only I missed the deadline to hand in my notice as I didn't really want to leave without something else to go to. Instead ended up being signed off and HAVING to do a CA. If you aren't worried about your next post I would say resign now and avoid the CA - you've got time to do it properly, ie, before the May 31st deadline and you can then possibly avoid having to say you're leaving due to the stress, but that you are looking for a new challenge or, in the best case scenario, that you've got another job - are you looking?

    Good luck and keep us informed!
     
  3. martydog

    martydog New commenter

    I am looking for another job but nothing so far. Just keeping my fingers crossed but then I'm not sure what kind of referrence my head will do so thats why I was thinking of the CA route as the referrence is agreed on, isn't it?
     
  4. minnieminx

    minnieminx New commenter

    The reference has to be factual. So, unless you have done something bad, it can't be bad as such.

    Personally I would try to avoid a CA if you can. It really doesn't look good and jobs are hard enough to come by as it is.

    A CA means involving your union in a big way and 'agreed on' doesn't mean it says what you would like it to.
     
  5. NO but it means that the employer can ONLY send out the agreed reference that you can quib over to get certain facts included. In many ways if you have burned bridges with the HT the CA maybe the only way to egt any sort of decent reference out of them plus you will get a pay out - but unless you have enough real evidence against the HT to support your case this is unlikely to be extensive amounts.
    In an ideal world I would say not go down a CA route but we all know that its not an ideal world anda lot of HTs hold unprofessional grudges against staff.....
     
  6. You can also regard a CA payout and guarnteed reference as compensation for the treatment you have been given. It might be some time before you get a new permanent job but you can dabble with supply and temporary work, get a solid reputation and then they can shove their reference.
     
  7. langteacher

    langteacher Occasional commenter


    my understanding of a CA is that they are often used to avoid costly tribunals. Without knowing your individual case I don't know whether this is an issue. Look at it from the point of view of your HT. What difference will it make to them if you just resign? Would you have a case for constructive dismissal?
     
  8. Sadly as I think I mentioned, it is often very difficult to prove your case at tribunal. Personal advice is if you have a real case, sit out your sick leave - a CA generally will not even be considered until you are at least on half pay and passed the resignation point. Let's face it unless you intend to go back to work out your resignation period, you will have clocked up an amount of sickness absence, so you may as well get a decent reference, that is agreed legally, and potentially apay out though this will depend on the situation; those with good evidences tended to have been paid more than those without.
     
  9. DaisysLot

    DaisysLot Senior commenter

    My advice is to just resign. You don't 'elect' to have a compromise agreement just because you fancy one... They are usually the way forward after a lengthy process where both side has something to gain, or has met a stale mate and the prospect of industrial tribunal, capability action etc. will not work in anyones favor. I am not sure how people seem to think that you rock up and say ' I want a compromise agreement please' - Such a document takes time to devise and is legally binding - An agreed reference CAN be part of it, but isn't necessarily so - the school can decline to have this as part of the agreement.
     
  10. DaisysLot

    DaisysLot Senior commenter

    Typically the agreement is made with resignation letter exchanged for agreed reference.... but as mentioned, the school can/ may decline to have an agreed reference as a part of the drawn up compromise agreement. Worth getting the union to cite that as a request though.
     

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