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disciplinary action / appeal

Discussion in 'Health and wellbeing' started by pip7410, Apr 1, 2012.

  1. Hi all

    My partner has recently had a disciplinary hearing. The issue was defined as child protection, and involved an.instance of throwing a pen to a child being interpreted as AT a child.

    The eventual outcome was that a note of the issue and disciplinary action shall be placed on her file for "as long as the headteacher think appropriate".

    This all seems a bit odd to me. If anyone can offer advice on the below points it would be appreciated!

    1. Is there a right of appeal? (Meeting took place 3 days ago)
    2. Can the headteacher just decide she did it without evidence?
    3. Should there not be a defined end date or at least reveiw date for the note on her record?

    It feels like victimisation. She suffers from a condition which has been confirmed independently by psychologist and occupation health, both of which reported to.the school. It does mean that she has a larher than average numner of days off sick.

    The note on her file will adversely affect her applying for jobs elsewhere, and means no chance for internal promotion.

    Any help gratefully received

    Thanks
     
  2. Hi all

    My partner has recently had a disciplinary hearing. The issue was defined as child protection, and involved an.instance of throwing a pen to a child being interpreted as AT a child.

    The eventual outcome was that a note of the issue and disciplinary action shall be placed on her file for "as long as the headteacher think appropriate".

    This all seems a bit odd to me. If anyone can offer advice on the below points it would be appreciated!

    1. Is there a right of appeal? (Meeting took place 3 days ago)
    2. Can the headteacher just decide she did it without evidence?
    3. Should there not be a defined end date or at least reveiw date for the note on her record?

    It feels like victimisation. She suffers from a condition which has been confirmed independently by psychologist and occupation health, both of which reported to.the school. It does mean that she has a larher than average numner of days off sick.

    The note on her file will adversely affect her applying for jobs elsewhere, and means no chance for internal promotion.

    Any help gratefully received

    Thanks
     
  3. fantastischfish

    fantastischfish Established commenter

  4. anotherauntsally

    anotherauntsally Senior commenter

    I'm in Scotland but the SNCT (Scottish Negotiating Committee for Teachers) Handbook says this: http://www.snct.org.uk/wiki/index.php?title=Appendix_2.11
    On the link page it makes clear (2.3) that "Disciplinary procedures must comply with ACAS Code of Practice (No 1) Disciplinary and Grievance Procedures." I am sure that must apply to England as well.

    I agree with Eva about the need for your partner to contact her union. There may be more information in the meantime on one or other of the English unions' websites - or a link to the English equivalent to the SNCT.
    Here's a copy of the ACAS guide to disciplinary procedures:
    http://www.acas.org.uk/CHttpHandler.ashx?id=457&p=0
     
  5. ROSIEGIRL

    ROSIEGIRL Senior commenter

    Post this on Pay & Conditions too - lots of experience and expertise on there.
     
  6. I too had a malicious allegation made against me. There were 3 possible outcomes from the hearing: verbal warning to last 6 months, written warning to last 1 year, final written warning to last 5 years(!) and of course the ultimate for gross misconduct - instant dismissal. This was in a private school - they do have their own consequences (more severe than my local authority) but they still have time limits. State schools have to follow local authority regulations, but as far as I'm aware, they ALL have time limits on them. Did she not take anyone with her to the disciplinary hearing? Her employer should have advised her to bring a colleague or Union rep. to the meeting.

    To answer your questions
    1)On writing to tell her of the decision of the hearing, they should also have advised her of her right to appeal. I was told I had 5 days to consider the verdict.and make an appeal or accept the verdict IN WRITING.

    2) On what grounds has someone made the allegation? Who complained? Any other witnesses of the incident?

    I would DEFINITELY advise getting Union support ASAP. If she is not in a union she can also go to the local Citizen's Advice Bureau who give 45 minutes of free advice and can make suggestions of solicitors and use of ACAS. If the school has not followed their own disciplinary procedures you may be able to overturn the whole thing, take them to court and/or get compensation.

    I went back to school, but they were no at all supportive and nearly 2 years later, having had only 4 days off sick in 18 months I am now off with stress related depression caused by work.

    I'd advise getting out and finding something else less stressful to do!!

    Good luck to you both!
     

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