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Asked to resign without prior warning

Discussion in 'Secondary' started by tigger1, May 11, 2017.

  1. tigger1

    tigger1 New commenter

    i went with HOD to see head about my hours and within minutes he said that he was concerned about my ks4 results and suggested I resign or the school would take out capability procedures against me. I am over 60 and expensive and feel it was all to do with cost as the whole schools results are low which is why we are category 3. Anyone else been put in this position? I resigned but wonder at the legality of it.
     
  2. FrankWolley

    FrankWolley Star commenter

    You really should have spoken to your Union before resigning. It may be too late, but I'd contact them ASAP.
     
    bonxie likes this.
  3. MrMedia

    MrMedia Star commenter

    I just observed a law lesson the other day and what was set out as a scenario was that someone was blackmailed. It made me look up the law. I wonder if a class action of retrospective blackmail could be taken out by all those who have resigned to avoid formal capability. That someone resigned, for no reason, with no job to go to, could be evidence enough that they had been coerced or blackmailed.

    To prove blackmail it must be shown the defendant did the following things:

    • made a demand;
    • with menaces;
    • that the demand was unwarranted; and
    • that the defendant has a view to make a gain for himself or another or have intent to cause a loss to another.
    Demand
    Does the demand have to be an express demand?

    There is no requirement under TA 1968 to show that a demand had been made expressly. If a demand is implied, this may be enough to prove blackmail.

    What is the case if a demand has been made by post?

    Where a demand has been made by post, the demand will be deemed to have been made the moment it is posted. This means the demand will have been made before the individual upon whom the demand is placed was even aware of it occurring. There is, therefore, no need for the victim to be aware of the demand for it to arise.

    Can this be extended to other forms of communication such as email?

    This is not limited to just postal communication. Forms of communication such as email or text message will also be included. Since there is no need for the victim to be aware of the demand for it to be made, it could take the form of an unread email, a text message or an answer machine message which has not yet been listened to.
     
  4. CheeseMongler

    CheeseMongler Lead commenter

    I'm not at all well read on the law, but I would expect that it would be hard to prove that any demands made with respect to avoiding capability (improve results etc) would count as unwarranted. I also doubt that (legally) capability would count as a "menace" as in the eyes of the law, it's a perfectly acceptable way to improve performance.
     
  5. JohnJCazorla

    JohnJCazorla Star commenter

    I'm certain this is against employment law, you have been coerced into resigning,

    How will your HoD jump if it goes down an industrial tribunal route? Or your union gets seriously involved? From your comments it would appear there were the 3 of you in the room and if the HoD decides his future is more important you might struggle for an accurate account.

    How did you resign, on paper then and there. If a letter still needs to be written then take union advice and write a letter retracting this hasty decision of yours and welcoming the support that is part of the capability package.
     
    tosh740 and bonxie like this.
  6. JohnJCazorla

    JohnJCazorla Star commenter

    Why did you think your HoD was there? Is it possible that he had already been briefed by the HT as to what would happen?

    Suggest you write a factual account asap as it will be invaluable when it comes to the ****-throwing in around 6 months time.
     
  7. GLsghost

    GLsghost Star commenter

    [​IMG]

    For God's sake ring your union NOW! This very minute! How many times do I say to people: Don't Resign!?

    Are you quite clear about exactly what the HT said? If the Head said that he would have to put you through capability, but offered you the option of resigning instead, that is a very different matter to being told to resign.

    Forcing someone to resign is a dismissal, not even a constructive dismissal. However, if the discussion was actually a protected conversation, in which resignation was offered as an option, that is quite a different matter.

    I am suspicious that you said you resigned. In a protected conversation, if you had said you would consider resigning, I would then have expected negotiation towards a settlement agreement to be taking place.

    Write down everything that happened while it is fresh in your mind, NOW! Who said what...witnesses...etc.

    BTW, there is no right to take back a resignation, once given @JohnJCazorla . If the resignation was made under duress, that's a different matter.
     
    bonxie likes this.
  8. GLsghost

    GLsghost Star commenter

    No. :)
     
  9. tb9605

    tb9605 Established commenter

    As others have said, ring your Union immediately. I have heard of staff rescinding resignations, so you might be able to... good luck!
     
  10. GLsghost

    GLsghost Star commenter

    The rescinding would have to be by mutual agreement. There is no unilateral right to do so.
     
  11. JohnJCazorla

    JohnJCazorla Star commenter

    Do you need to put it down in writing, for resignation to be binding?

    Or is this like the job start, once offered and accepted then it is binding on both parties, written agreement neither here nor there?
     
  12. GLsghost

    GLsghost Star commenter

    Good question and one which, ultimately could have to be decided by a Judge. Did a resignation take place?

    Theoretically it could be oral and not in writing, since employment contracts do not have to be written.

    There are jobs, of course, in which oral agreements to work and leave are the habit. However, in teaching and other profession roles, the standard practice to write a letter of resignation.

    It would be possible to argue that a teacher saying "I'm resigning" should be interpreted as an aspiration and not a binding contract term, because it's not the norm.

    It would have to be an argument, though, because you can bet your life the employer's lawyers would argue until they were blue in the face that the oral resignation was binding. You'd be amazed what they will try to argue sometimes! :)
     
  13. Riddlemethis

    Riddlemethis New commenter

    I cannot understand this.

    I could imagine someone in thier early twenties being coerced into doing this, but at 60 - what really can they do?

    In fact, if they really wanted to get rid of you, this could actually be negotiated into a nice settlement for you.

    If you are hit by something like this, my natural reaction would be to go away and have a think. You NEVER allow yourself to be pressuried for the sake of a few different minutes over something that has taken several years to achieve.

    If they demand an answer there and then, it's because they are desperate. If they are desperate there is a reason for that and it will be rare that it is in your self interest to comply.
     
  14. Riddlemethis

    Riddlemethis New commenter

    For arguments sake....

    If the OP stated 'I am going to resign', then would this be valid? The word 'going' implies at a point in time, such as tomorrow or possibly in 3 years time. Would that be classed as an aspiration?

    Of course, the Head may have misheard the words 'going to' but I would find it difficult for a court to enforce this is there was a dispute. Otherwise what would stop the Head and DOH collaborating over this when a Teacher has specifically said they are not resigning?

    Oh, by the bye, there was no chance that the HOD wasn't briefed about this beforehand.
     

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