1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded education professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Can see no option except for tribunal claim. Terrified.

Discussion in 'Workplace dilemmas' started by squashua, Jul 23, 2015.

  1. squashua

    squashua Occasional commenter

    So my union are still wavering, but got the report from my solicitor (through household insurance) today. He says I have a 50%+ chance of success in the areas of direct discrimination, failure to make reasonable adjustments, discrimination arising from disability and victimisation. Has made a real difference knowing that someone legal also thinks what's been happening is legally wrong.

    But...he also reminded me that, by going ahead, I risk a total breakdown in relations with the school.

    I know that, which is why I've put this point off for as long as possible. On union advice, I appealed and appealed until I couldn't do anything other than raise a grievance (which has literally been ignored, for weeks). And, in the meantime, the Head has treated me appallingly since I returned to work - even before I raised the grievance, which I only did because his behaviour left me with nothing to lose.

    He has tried everything to make me resign/ go off sick, but my stubbornness and the support of so many colleague friends has scuppered that. However, I know that he will step up his efforts in September. He has a history of getting rid of people who challenge him by any route he can. So I think I still have nothing to lose. I can't get another job because of my absence record. I can't afford to resign and have no job. He's going to push and push whether I go to tribunal now or not, isn't he?

    In an ideal world, the tribunal outcome would be that they'd make him apologise, have some disability training and make the reasonable adjustments now suggested by 4 different doctors. I want to be able to stay in my school. I think I'm living in a dreamworld, but don't see any other options. If he'd behaved like a decent human being or even professionally since I returned, it would be different. But I don't see a route now other than a tribunal. Solicitor says we have 5 days to fill in the ET1 form.
    Happyregardless likes this.
  2. GLsghost

    GLsghost Star commenter

    I'm afraid that if you are after an apology, the chances are that you will never get it.

    You have three months minus one day from the last substantial act to issue a discrimination claim. The moandatory ACAS EArly Conciliation buys you a bit more time as it stops the *** while the conciliation process is going on.

    Good luck with it all. Going to Tribiunal is not easy.
  3. squashua

    squashua Occasional commenter

    Thank you. I don't expect it to be easy and, to be honest, nobody thinks it will be great for me health-wise. But nobody can see another way ahead. Every medical person involved with me has written letters and I think they're frustrated that they can't help resolve it, so have decided that the best way to support the situation is to get me to resolve it legally. But the best way of all would have been to allow me to do the (free, temporary) things OH and my GP recommended months ago. Things would not have got so bad for me health-wise and the Head wouldn't have backed himself into this corner.

    I know he'll never apologise. But a second choice there would be for someone to tell him that what he did was wrong. And that he needs to stop.
  4. chriszwinter1

    chriszwinter1 New commenter

    Have you submitted a grievance to the governors?
  5. GLsghost

    GLsghost Star commenter

    c_l_o_c_k? Really? They want to censor that?
  6. josienig

    josienig Star commenter

    Clock..checking if they made a genuine mistake, GLsghost!
  7. squashua

    squashua Occasional commenter

    Yes, I submitted the grievance to the Head and Chair of Governors. Had informal meeting with each of them first. Pointless. Well, CoG was sympathetic to a point but claimed it was all out of his hands.
  8. squashua

    squashua Occasional commenter

    GLsGhost, did you miss out the L?! If so, a very apt typo.
  9. They only put three stars in as well! Things is weird

    Good luck Squashua. I am thinking of you.
  10. sabrinakat

    sabrinakat Star commenter

    You will never get an apology, nor will the SOB realise that he was ever in the wrong, that's the problem with bullies - it's never their fault.

    If you have a good legal advice and support, then fight it. But it will be a nasty battle. I was successful in a tribunal as a) the employer didn't show up (!) and b) when it went to appeal, their appeal was thrown out as I had loads of evidence on my side. [This was in Ireland], and I was lucky as the employer was known for being bullies that when I began to apply for other jobs, the comment was more 'how did I survive so long' rather than 'why did I leave'....

    Wishing you success and luck.
  11. Torey

    Torey Occasional commenter

    I agree with Sabrinakat. Even if they do 'apologise' it won't be genuine. I'm in the minority that I had the support of my union at the highest level as well as using a solicitor paid for by my insurance company. I didn't take their choice, but negotiated my own and they were brilliant. I decided to take a settlement in the end as I had another job and wanted to move on. I also wanted an apology and instead they doubled the settlement offer. I know off the record that the head was in trouble for what they had done, but they had stayed whilst I was forced out and so it didn't mean anything.

    The relationship with the head is already ruined from the sounds of it. Talk through your options with the solicitor, union and family. Then decide on what is best for you.
    Happyregardless and pepper5 like this.
  12. chriszwinter1

    chriszwinter1 New commenter

    Then stick in a grievance against the CoG, alleging with evidence that he did not follow policy - if that tis the case.
  13. birmanmum

    birmanmum New commenter

    And - if he did not follow policy, then a quick report to OFSTED would also be worthwhile, they are very keen on governance, and governors being seen to govern.
  14. rooney1

    rooney1 Occasional commenter

    Just wanted to say good luck. Part of me wishes that I had been brave enough to go to tribunal. You are unlikely to get an apology but you will have the satisfaction that everything will be out in the open and you will have had your say. Hopefully you will get appropriate compensation. It may be that once they know you are going to tribunal you get an offer of a settlement that is difficult to refuse. I hope it works out for you as best as it can. Life won't go back to how it was but the 'new' life may be better.
    hhhh likes this.
  15. squashua

    squashua Occasional commenter

    They have not followed the policy as the hearing should have taken place within 2 weeks. We're way past that. The Governors are in a difficult position as the Head has openly lied to them. His word vs mine and my union rep's. Plus minutes of meetings prove it but I guess they chose not to read them. It's easier for them if they pretend to believe him. Thanks for the good luck. Think I will need it. Wish there was another way. Well, there was, but Head chose not to take it.
  16. Morninglover

    Morninglover Star commenter

    I'd have said this is pretty strong evidence that the Governors are not fulfilling their duties, and you should follow the advice given by others earlier and go for them too...
  17. scienceteachasghost

    scienceteachasghost Lead commenter

    Sorry OP but to quote a well known pop lyric 'sorry seems to be the hardest word.' Some people are pathologically incapable of saying Sorry. And there is a disproportionate number of them in management. The only chance you have of an apology with some people is when they are dangling on the pitchfork of Hades in any Afterlife and even then its probably just to try and save their own skin. I would write any expectation of an apology out and concentrate on your tribunal. Good luck with it, we all know you deserve to win it but if you don't you will know you have tried!
    TailwindTurner likes this.
  18. Rott Weiler

    Rott Weiler Star commenter Forum guide

    It's not any sort of evidence that governors are not fulfilling their duties. Just because squashua doesn't agree with the outcome doesn't mean governors weren't fulfilling their duties. I'm as sympathetic to squashua's situation as everyone else but I don't it helps squashua to waste his/her time with red herrings about grievances against governors and complaints to Ofsted when there are now less than 5 days within which to file the ET1 and it's the school holidays..

    If the governors grievance hearing(s) weren't conducted fairly and reasonably then the next step is Tribunal, with the governors' failure to act properly as part of your case. squashua's solicitor - who knows much more about it than we do - will recommend whether to include that in an ET1.

    Ofsted will not do anything as (a) they will not get involved with individual employment matters and (b) they will not get involved when there are other legal avenues open to squashua (ie Tribunal).
  19. Morninglover

    Morninglover Star commenter

    If the OP has this amount of evidence, then I'd suggest my comment is accurate.
  20. Rott Weiler

    Rott Weiler Star commenter Forum guide

    If you think that's evidence FF it's just as well squashua has his/her own solicitor to advise. "Guessing" that governors didn't read the Minutes isn't evidence.

    But even if it were evidence I don't understand your advice to "go for them too". Who else do you think you bring an ET claim against if it's not the governors (or the LA in Community schools)?

Share This Page