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Dismissal due to ill health?

Discussion in 'Workplace dilemmas' started by Rapidstar81, Mar 7, 2017.

  1. Rapidstar81

    Rapidstar81 New commenter

    i am currently suffering from WRS and have been signed off by GP because of this.
    school has been in contact and mentioned being dismissed on grounds of ill health.
    I am so fearful of this. Do i have any rights regarding this?
    can they do this in a certain time period? (e.g. once the 100 days has passed or during?)
    any advice gratefully received
    Oh advised I am not fit for work and advised redeployment.
    has anyone else been in this situation and what did they do?
    thank you
     
  2. grumpydogwoman

    grumpydogwoman Star commenter

    Begin by asking them to email you school policy and guidelines on the matter. Of course you have rights. Statutory rights.

    But the first stop is to find out if school is adhering to its own policies and processes.
     
    pineapplehead likes this.
  3. grumpydogwoman

    grumpydogwoman Star commenter

    Teaching dismissal ill health

    Enter this into Google and look at the NUT PDF (first hit). I don't know how to copy links on this damned tablet!
     
  4. Rapidstar81

    Rapidstar81 New commenter

    TBH I feel 'stuck ' in fear. i am so scared of even approaching the school now. I am only ill because of the environment I have been working in. I am so anxious because of this. I am signed off by the Dr, but apparently this means nothing as they can dismiss me anyway.
    :(
     
  5. Rapidstar81

    Rapidstar81 New commenter

    Thanks GrumpyDogWoman :)
    I will have a look now.
     
  6. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    Are you getting advice from your Union? They should be able to advise, knowing much more than we do about your condition and the school's own policy.

    What do you want to happen? When OH advised 'redeployment' what did they have in mind? Redeployed as a teacher in another school? Or redeployed in a different role in your current school? Or something else?

    Can you be dismissed if you are too ill to work? Well, yes you can be dismissed if you are unable to work, being signed off doe not prevent you being dismissed. But there are procedures that have to be followed.

    I don't know whether they can dismiss before the 100 days sick pay entitlement has been used up. You need specialist advice.

    I hope your union can give you some reassurance.
    .
    .
     
    pineapplehead and wanet like this.
  7. grumpydogwoman

    grumpydogwoman Star commenter

    http://www.moneywise.co.uk/work-family/benefits/your-rights-ill-health-dismissal

    I'm on my iMac now.

    Please don't be downhearted. Please don't despair.

    It isn't a speedy process. Things have to be done by the book. It will be a right pain in the posterior. Whatever happens. Because you already know you work in a horrible place!

    But alert your union and don't panic. There really is no need. Not for panic. You will get through this with help and help is available!
     
  8. Rapidstar81

    Rapidstar81 New commenter

    thank you so much for the information.
    i will read it this evening.
    i have real problems with my union as there is no representative in place in my area.
    its a nightmare...
    I have been told by the union to call teacher support line as I am getting myself in such a state.
    I feel totally unsupported in every way, and do not know which way to turn.
    i even wondered what would happen if I tried to go back to work?
     
  9. grumpydogwoman

    grumpydogwoman Star commenter

    You have been signed off so you don't return to work until the note indicates you may.

    Have you rung the support line? You should!

    There's facts and information on the one hand. They can be very encouraging and affirming. But you may feel even more confused. You feel the way you feel at the moment. You are in the middle of the maelstrom. So get information AND ring the helpline for a bit of informal hand-holding. You're not well at the moment.

    It's all very well me sitting here thinking that there are procedures and processes and you should just breathe and not worry too much but it's not actually happening to me. It looks different from over here. A soluble problem. Complex perhaps. But disaster should not ensue. Not if handled correctly.

    Ring the line.
     
  10. shevington

    shevington Occasional commenter

    Please ring the Regional Centre for your Union. It is not acceptable answer that there is no local rep. available.

    Your Union has paid officials, who can help you with this problem.
     
    pineapplehead and grumpydogwoman like this.
  11. Rapidstar81

    Rapidstar81 New commenter

    I will try union again. However, so far no good
    What would happen if I present myself as fit for work?
    Can they prevent me returning if I have a fit note?
    Thanks in advance
     
  12. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    Yes. The school has been told by OH that you are not fit for work. The school has a legal duty of care to you which would justify them refusing to allow you to return until medically assessed as fit for work. Otherwise you could make your condition worse.

    If an LA school the school is under a statutory duty not to allow you to teach in the school if they are not satisfied that you have the health and physical capacity to do so [Education (Health Standards) (England) Regulations 2003].

    And they have a duty of care to others in the school and the education of the pupils with whom you would have to work.

    And it's not a great idea for your health.
    .
    .
     
    Last edited: Mar 8, 2017
  13. grumpydogwoman

    grumpydogwoman Star commenter

    Do you realistically think you can cope?

    Really?

    It'll only make it look worse if you go back and then go off again.

    You have been signed off PLUS you have an opinion given by OH. Don't think going back will do you any favours unless you are fit to do so. It won't help. So. Are you fit to work? If this weren't hanging over your head? Would you be fit to work?

    I can't recommend it. You have a duty as an employee to look after your own health and safety. If you do something reckless when you've been signed off then things will be even worse. I'm not going to give you any encouragement whatsoever to go back to work.
     
  14. rosievoice

    rosievoice Star commenter

    Some thoughts.

    Keep your GP in the loop regarding the HT's shenanigans.

    Insist on a home visit from your union.

    Do not enter the workplace which has made you ill. Returning while you are so stressed and poorly is unlikely to make you better. Anyway, your HT is probably prevented from employing someone who has submitted a certificate stating they are not medically fit to work at the moment.

    Keep a log of every communication from the HT, especially any snippy ones that make you feel even more stressed than you already are.

    Speak to the teacher support people. Unfortunately, you are not the first teacher in this situation.

    Keep posting on here.

    Eat more chocolate and take care of yourself. xx
     
    grumpydogwoman likes this.

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