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Compromise agreements - legalised lying?

Discussion in 'Workplace dilemmas' started by mr_awkward, Feb 28, 2011.

  1. <font size="2" face="Arial,Bold"> From http://www.gtce.org.uk/documents/publicationpdfs/competence_referrals0210.pdf
    Page 52:

    "Compromise agreements</font>
    <font size="2" face="Arial">: although a slightly different outcome from a voluntary resignation,</font><font size="2" face="Arial"> compromise agreements lead to similar consequences for a teacher&rsquo;s employment position.
    Negotiations may be initiated by the teacher&rsquo;s union representative or by the employer, and
    tend to include some form of severance package, perhaps to pay the individual until the end of
    term, an agreed reference, and a clause that precludes the teacher from making any
    grievance or other claim against the employer. Participants from across the sample suggested
    that a compromise agreement can often benefit all stakeholders: the school hastens the
    process of removing the teacher from their post; the union does the best for their member; and
    the teacher is provided with time and money to consider their future.
    It was suggested by some local authorities and head teachers that some unions would try to
    negotiate as part of the agreement that the employer would agree not to refer the case to the
    GTC. Despite this, no employer in our sample had ever committed this clause to a
    compromise agreement and some local authorities argued that they would not consider a
    compromise in cases that reached the point of referral to the GTC or that they believed to be a
    particularly serious case. It was acknowledged, however, that agreed references may be
    written that are &lsquo;bland and open&rsquo; or focus on a &lsquo;narrow set of positives&rsquo;. Head teachers,
    governors and local authority advisors who acknowledged this felt that it would be obvious to
    an experienced head teacher reading that type of reference that there was an issue with this
    person&rsquo;s capability. One supply agency manager was asked whether it is easy to spot such a
    reference and responded:
    </font><font size="2" face="Arial,Italic">&ldquo;Yes, it doesn&rsquo;t talk about some things that you would expect it to usually. And it makes a big
    thing about, you know, assessments by Ofsted usually, it talks a lot about assessments by

    </font>[/i]<font size="2" face="Arial">(supply agency manager, LA02)"
    </font>
     
  2. I am just going through this process at the moment. My union requested it. There are no capability issues in my case but I shall note the wording of my reference very carefully. I'm looking at it as a sort of 'out of court settlement'.
     
  3. If its anb out of court settlement then it is likely you will be able to play around with the wording a bit more...

    Think about what you need for your next job.... make sure that you get this included and phrased as you wish....
     
  4. And make sure you get an undertaking that you will NOT be referred to the GTC!
     

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