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compromise agreement

Discussion in 'Headteachers' started by sadandconfused, Oct 5, 2010.

  1. Am curious as I have been off with WRS and depression since May and my union keep pushing me to go to mediation as part of the problem is SMT bullying, there's been no mention of any other options for me and I don't trust that mediation will work as the bully is a gossip and it's only confidential if she keeps it that way - not legally binding. I start shaking if I have to go into the school for a meeting and end up in tears whenever I try to talk about it. I don't think I can face an ET but there's enough lack of care for my well being that I am pretty sure I have a case so why won't my union suggest anything other than mediation.... the bullying has gone on for a long time and has been witnessed by others but I don't think they'll come forward, it's a small school. I'm so lost about what to do so any ideas or comments would be very helpful.
     
  2. Has the school provided you with access to couselling? this should be done as part of their duty of care, most LA's subscibe to BUPA, or the like, to manage occupational health issues and aid return to work, this includes access to different therapies. Schools are generally signed up to this service.
     
  3. HI, sorry I had a bad time in December, I've put some more info on a new topic thing 'it feels like they'll get away with my WRS breakdown' cos I suggested a compromise agreement via my Union and now it's take that or risk them sacking me but I've done nothing wrong - People think I should take it and change career but I'm in my 50s and a teacher on and off for 30+ years and it's massive to take a package that will leave me financially crippled whilst still on anti-depressants.
     
    brightandbeautiful likes this.
  4. My school became an academy in September. In July (it was meant to have been MARCH!) we were told whether or not we had a job. I didn't. The LEA gave me a compromise agreement that paid me until December and gave me a better redundancy than I would have got from the academy.
    Surely this should have no impact on my future prospects?!
     
  5. Flowerpot....
    You know ... this forum is helping me feel supported and I have to say thank you because sometimes it's very lonely staring at four walls[​IMG].
     
    brightandbeautiful likes this.
  6. I know exactly how you feel!! Its been very helpful for me too [​IMG]
     
    brightandbeautiful likes this.
  7. Have you spoken to a lawyer and not just your union on this? It may cost you a couple of hundred quid, but it could be worth it in the end. A compromise agreement will colour other Head's opinions, but if you think the end game for your employer is dismal through competency, that is far worse than a compromise agreement. If this is something else you need serious legal advice.

    Good luck.
     
  8. fifihay -- Re mediation -- My advice is do not waste your time. Do not negotiate with bullies Workplace bullies will generally present well at mediation, typically denying knowledge of wrongdoing and might even suggest concern for the target of the bullying, then suggesting that they fely that it was them who was being bullied.
    Bullies tell lies - targets tell the truth - naive mediators think, faults on both sides, or worse, 'poor bully'.
    More generally, both on references and bullying, here are a few links that it would be worth delving into. Gaining an in-depth understanding of what is actually happening in your own situations will be the starting point for regaining control. Do not jump into anything & while you might be being given well intentioned advice by your union, you must judge for yourself. Think about it. Once you have agreed to leave, the union job is done - no more time or money 'wasted' on you. They, as well as the LA have a vested (if flawed) interest in your departure.Once you are out, the union no longer needs to support you.
    To clarify on unions - My advice is to involve unions and as much as possible work with them - there are good people there and some offer good council - but stay in control yourself as much as possible and always be aware of possible agendas without being paranoid. (People will suggest paranoia when you get close to the truth - its all part of the bullying game - Smile when it happens -- Smiling confuses!)

    Some links which will be useful :-
    <h3>Workplace Bullying in Schools - Good teachers are most at risk - links</h3><h3>Workplace Bullying - Union reps being favoured keep them tame?</h3><h3>Is your boss a psychopath or a narcissist</h3><h3>Once
    upon a time there was this brilliant teacher who seems to have lost the
    plot. - The rumours that he wasn't coping must be true.
    </h3><h3>Over
    38 ? Why worry just because they tell you to. Take a step back and
    have a laugh at the stupidity of it all and don't believe it just
    because they say it.
    </h3>
    <h3>Dear Theo - Workplace Bullying is a big problem in schools</h3><h3>Over
    38 ? Why worry just because they tell you to. Take a step back and
    have a laugh at the stupidity of it all and don't believe it just
    because they say it.
    </h3><h3>Do you think that heads should be allowed to write negative references?</h3><h3>bad reference</h3><h3>Teachers
    being bullied by there seniors is clearly a big problem in schools -
    Are you safe? Is that all that's important to you?
    </h3><h3>lying headteacher</h3><h3>Reference problems - How common is this?</h3><h3>MLC - everything getting to me. Seriously want to chuck it all in go get a new life elsewhere</h3>
    <h3>Supporting ex colleague in grievance procedure</h3><h3>How to exact legal and cunning revenge...</h3><h3>Put on Competency Procedures whilst off sick with stress.</h3><h3>Q1 -- In 'bad' schools, what happens to incompetent teachers?</h3><h3>Why does this keep happening to me? I don't understand...</h3>




    <h3> </h3><h3> </h3>









     
  9. Hi there, I would really relish some help and advice. I started a new job July 2010 as the new 'SENCO' though the title was different. I have been victimised and bullied in this new post, by my Line Manager, who is SMT. The consequences of this have been absences because of WRS which was exacerbating my condition of depression. I have been absent now since May. I handed in a grievance which has not been dealt with, my LM put in a grievance against me which the head upheld and issued capability and disciplinary procedures. (unfounded) That was the straw that broke the camel's back. They have now gone ahead with a formal sickness review - in my absence despite my asking to postpone - and placed me as employee at risk!!! I have just lost an appeal against this decision. nThe head has asked the union if I will agree to compromise agreement. What to do? Unfortunately being debt ridden is making a 'pay out' tempting BUT I am still so unwell I believe that this is WRONG!!!!!
    Any advice welcome please.
     
  10. This may well solve some of your immediate issues, BUT bear in mind is unsuccessful in securing another job, you will not be entitled to any benefits as a CA is as though you have resigned.... this maybe more problematic....
     
  11. You will no longer be entitled to sickness benefits such SSP etc after a CA so will have to fend for yourself....likewise you will not be able to claim income support etc for 6 months after the CA was signed.
    Noone will know - but your reference will be obvious - and the potential employer may think worse than what really happened happened due to the layout/wording of the reference and the Dear Sir element...
     
  12. In saying that, are you admitting that some headteachers have issues ? (i.e. they encourage workplace bullying ?)

    If you are, then id be interested to understand your views as to why they are allowed to get away with using compromise agreements to achieve their ends.

    Further, it is time people understood that, despite the spin and innuendo released about staff who are bullied out, often the spin and innuendo are the anthesis of the truth. Many are bullied out because they are good caring teachers who are percieved as a threat to the control of the bullies who abuse their power to destroy them.

    I could write a lot more -- i shouldn't need to. Should I?
     
  13. Please, please, please, do not sign a compromise agreement, learn from my mistakes. I went to see my union after being bullied for a number of years.All of my roles were removed from me. I was not allowed to progress up the teachers' pay scale despite being marked as outstanding by Ofsted, passing my performance management and being asked to become a leading teacher by the L.A. I went to see my union over the pay issue (big mistake). Within minutes myself and the witness with me were shocked when the union rep. (a regional advisor) suggested I should leave my school with a compromise agreement. I refused. Unfortunately, once I involved the union, things went from bad to worse. On the day that the union informed my Heateacher that I would bring a grievance against him for refusing to allow me to progress up the pay scale, he informed me that he wanted me to leave and not come in the next day. A compromise agreement was presented to me again by the union, as the only option open to me. I reluctantly agreed to sign in order to obtain what is, an excellent and truthful reference, Within weeks of signing I realised I would never work as a teacher again. I have been rejected by countless supply agencies because not only are they wary of compromise references but they need two professional references from the last two years, something the union failed to negotiate. Despite being an outstanding teacher who achieved excellent results I have lost my job, career, home and car. I am prepared to do any job as i live on &pound;65 aweek benefits, but I am met with suspicion and rejection. The union abandoned me when I could no longer afford to pay my subscriptions. Please, please, please see an independent solicitor before signing!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  14. Sorry to hear your experience anncar.
    All I can say is that this is not the experience of many...
    It can be hard after a CA, but it can also be the start of a brand new part of their career.

     
  15. Anncar
    I just wanted to sympathise with you...my wife has a sickness absence meeting soon and feels that she could end up being put on competency procedures. She has been thinking about a compromise agreement, I realise you cant say too much/ if anything about it but what do you feel made it go so wrong? What would a solicitor help with / change? What should she avoid?
     
  16. Dear Theo,

    are head teachers obliged to comply with a compromise agreement if that is what the union rep has advised? What is an acceptable amount in terms of how many months' pay?

    Regards.
     
  17. Gardening Leaves

    Gardening Leaves New commenter

    Sorry to hear about your experience, anncar. Were you given independent legal advice as part of your compromise agreement? (This could have been by a union official qualified to give such advice - they would have signed and included a certificate to say so.)
    If you were not, your compromise agreement is not valid. You could apply to a tribunal to have it set aside. Have a look and consult a specialist employment lawyer or the CAB if you think this may apply to you.
     
  18. Hi please advice my union is involved but the reference states the issue which was the first reason why I decided to resign but was told by the union to go for CA I was bullied insulted in front of all the staff indirectly in an onset given horrible feedback indoors of that I kept going to school but the deputy and head kept on their unfair attics I feel extremely sick I am off sick but the reference is not yet sorted out what next step can I take how long can I go sick because if I go sick for a long time it will show on my record please advice
     

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