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Capability after resigning?

Discussion in 'Workplace dilemmas' started by oldgreywolf, Jan 16, 2011.

  1. I suppose it is the employer's right to do this, even though it would be a complete and utter waste of resources.
    If you are being targeted in this way, take advice from your union.
     
  2. good advice i think...
    however, the HT can do what they like...the union has no power in this and will just be there to oversee/lobby.

    any objections can be voiced (by you or union) but the HT is judge, jury and exec.......in capability proceedings.

    i'd be interested in whether anyone disagrees, but i think the only challenge can really come through legal channels.
    all the best hough.
     
  3. I remember a case like this from a previous school where I was union rep. The answer is yes, however it would depend on nature of the capability procedure whether or not it could be completed.
    Speak to your area rep - as quickly as possible and show them everything.
     
  4. Crowbob

    Crowbob Established commenter

    I suppose that given the length of notice required, the Head would be poor if an incapable teacher were allowed to continue (unsupported) throughout the entire notice period.
     
  5. Not all teachers placed on capability are incapable often it is clash of personalities or workplace reform!
     
  6. Two teachers at my last school were put on capability proceedings after having received their redundancy notices, with the idea of getting out of paying the their redundancy money.
     
  7. Crowbob

    Crowbob Established commenter

    I didn't suggest that all teachers placed on capability proceedings are incompetent. I was noting that it would not be logical if, as a matter of principle, those who had resigned but were serving notice were immune from being placed on in a capability proceeding. Which seemed to be what the OP was asking.

    Thank you for taking such a long time to formulate such a considered response. [​IMG]

     
  8. This is what I've recently asked and to be honest, it contradicts with many people's response of "if you're facing capability resign before you end up on it as it goes down on your record and employers won't touch you with a bargepole". Now I'm in panic mode as I'm on informal capability and too late to resign before my support plan term is up. Good luck OP, hope you find somewhere more supportive.
     
  9. emilystrange

    emilystrange Star commenter

    you can't BE on informal capability, surely?
     
  10. May2

    May2 Occasional commenter

    Not sure what you are meaning Emilystrange. I think this is the latest threat put in place to weed more out. A teacher at my school was told she was placed on informal capability!
     
  11. emilystrange

    emilystrange Star commenter

    capability is a formal procedure. as far as i know, it can't be 'informal'. the unions need to be involved, as there are procedures to be followed.
     
  12. May2

    May2 Occasional commenter

    I think in some schools they now put you on informal capability as a warning the next step is capability, so if you want to resign first rather than go on capability you can, so not applying for another job when on capability. I think it is just another way of helping to push out the over 50s mainly.
     
  13. Crowbob

    Crowbob Established commenter

    Emily: It can be a formal procedure with an INFORMAL STAGE. Indeed, the model guidelines issued in 2000 had this type of "informal" stage:

    http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eorderingdownload/capability-guidance.pdf

    Although I do believe that this changed for September 2012, so there may no longer be the informal stage...
     
  14. emilystrange

    emilystrange Star commenter

    i'm just very suspicious.
     
  15. I think 'informal capability' is just a way of the school indicating to you that they would like you to leave without making a fuss, or any trouble for them.
     
  16. Basically, from what I've gathered there USED to be informal capability which is a formal support plan put in place with a given timescale. If you hadn't made whatever was deemed acceptable improvement in that timescale then you were placed on capability. Once there it goes on your record and so makes it very difficult to get a job elsewhere. Most unions from what I've seen advise you to quit if heading towards this route and find another job before it tarnishes your reputation. However, I'm in my late 20s so not too expensive yet! I have been informed that on the old system I would be on informal capability but as this no longer exists (due to Gove wanting more teachers out quickly!) it is now classed as part of the main appraisal policy as "formal support". But if in half a term I have not proved myself to be good or outstanding in whatever it is they decide on the day, I will be on official capability. By that point it will be too late to resign before it goes on my record. And now it is too late to resign before the end of unofficial capability.
     
  17. tiredandstressed!

    tiredandstressed! New commenter

    I think I may be in a similar situation...have a meeting with the head on Monday, Already have another job and handed in my notice. Can my head inform my new school? I was behind on my literacy marking...
     
  18. I keep getting requires improvement observations and was over observed but wasn't told why until the head placed me on the appraisal procedure (informal capabilities) I have 4 weeks and another 4 weeks, as made good progress with targets, so the head kept me on it. I was given 3 options that could happen 1: remove from appraisal 2: continue appraisal 3: formal capabilities. I have a policy from my school and it's quite a daunting and stressful experience. Formal capabilities will mean More observations and supposedly more support.

    However I'm being told that I'm still not good enough as not getting good observations. My head has informed me that i'm 'frustrating' and she doesn't know what to do with me and needs to contact our local teaching office. Mind you I don't feel that the support I have been given is acceptable, however I'm still waiting for my union to get back to me (e-mailed my rep a week ago) I feel that I may be taken onto step 3.

    I want to go and hand my notice in now, however as you mentioned, the hand in date has passed and if it goes in, can't leave until 31/12/2013!! I just want to leave at the end of July with a clean sheet. However I will not teach, as I am not putting myself through this all again. It's actually occurring more and more to experienced teachers and from reading the forums some NQTs. Satisfactory/requires improvements is no longer accepted.
     
  19. Saf114

    Saf114 New commenter

    In The Model Policy, Sept 2012, there is no informal capability stage. However, I think having an informal stage is important, as imagine being put straight onto formal capability without warning - whether it be for improving your teaching or looking for another job. In the Model Policiy it only takes 4-10 weeks to become unemployed, so I think it would be unfair to have no informal stage or warning before formalities are started
     

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