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Formal capability proceedings to determine your fitness to work.

Discussion in 'Workplace dilemmas' started by lboogie88, Mar 31, 2016.

  1. lboogie88

    lboogie88 New commenter

    I posted in here earlier about being signed off with stress.

    I have a doctors appointment at 3pm today and I think I will get signed off. Very long story but the short of it is bullying issues within my department. I have got a new job to start in September although they have said they would take me sooner. I spoke with the union at the beginning of the week who advised me to make a formal complaint and get signed off as I am really ill with the stress of it all.

    The spanner in the works is in the meantime I've had an email from personnel which states:
    If your absence is continuing we will be moving to formal capability proceedings to determine your fitness to work.

    My concerns are - will this affect my new job? I'm just really worried the union have given me this advice and now I feel like the school are backing me into a corner. It sounds really threatening.
     
  2. grumpydogwoman

    grumpydogwoman Star commenter

    Off the top of my head. Ring new place quickly,

    "I think I may just be able to start sooner. Long story but what do you think?"

    If they sound keen then ring existing school.

    "How do you feel about me leaving (insert date)? Then we sever our connection with no hard feelings and a fair reference?"
     
    Mrsmumbles likes this.
  3. lboogie88

    lboogie88 New commenter

    @grumpydogwoman I know the new school would like me to start ASAP

    My concern is I tried to resign from existing school by June but they said no initially. I feel they want to take me down this route regardless of my health and new job
     
  4. lboogie88

    lboogie88 New commenter

    Mrsmumbles likes this.
  5. grumpydogwoman

    grumpydogwoman Star commenter

    What vile people they are. You would have gone quietly but they want to have their pound of flesh. Hateful.
     
    thekillers, Mrsmumbles and wanet like this.
  6. Mrsmumbles

    Mrsmumbles Star commenter

    I am so sorry to hear this. My former psychoschool did a very similar thing, difference with me was they had already made me very ill and the union had been involved sooner, so there was someone else around to remind the incompetent HT and HR brigade that unless they bullied nicely, I could make their lives very difficult whilst ON my threatened FC. As in go in. Then be signed off on sick pay for six months. Start a personal injury case. Well done for getting the other job, I agree with grumpydogwoman, excellent advice. Just beware of the HT calling the HT of your proposed new school...you'll need that new contract signed asap, preferably go in and hand it to them personally. Rest assured that although I am sure you feel worn ragged, shocked, suddenly tearful, angry, and guilty that this vile treatment is somehow your fault, a start in the new school could be the remedy you need...and if the new school turns out to be bad, you are primed and prepared to deal with the bullies better.
    The best solution is to do the bare minimum at work, involve the union rep, and haggle for a settlement agreement and pay up to at least Easter. It will look odd not having an August end date..this is why you need the bully HT to agree to a good reference. Which your rep and then union lawyers need to check. This is happening all over the UK at present, and of course you need to exit this toxic school, but make the bullies pay up before you go!
     
  7. Mrsmumbles

    Mrsmumbles Star commenter

    Sorry, just re read the post you made about already having a reference from them...I think you do need them to release you from contract. It is often done. Thing is whether they grow a pair and agree to release you at the head's 'discretion', I think they call it. Union rep should help with this. Or maybe compromise with May half term and in return they put on the August as your end date rather than May? You basically need the rep and HR to hammer out a deal. Ugly, but today's edubusinesses are.
     
  8. Mrsmumbles

    Mrsmumbles Star commenter

    Last thing! It really infuriated me when I read that your bullies want to slap FC on you to assess fitness for work. Utter bolls. The occupational health referral they should be doing is supposed to do that. Be very, very careful with this lot. Hopefully gardening leave's ghost might see this and offer more precise legal info, although not of course advice. The outrage is these ****** dont understand employment law! Know of people who were very ill, recovered, even got a pat of the back from occy health, but the school abused the 'generally ok but go easier on him as he recovers' OH report to assume he was well enough to face FC! So what happens? He goes straight off sick for a month on work related stress leave, signed off by GP. In this example, he returns mid June, to be told all threats of capability will be lifted and so sorry sorry if the bullying caused his health to crash...but FC is due to restart again in September...so they will always find a way to bully staff out. Stand up to them. I know it's hard, but read my posts...lots of us have done so and won payouts, new and better jobs...it could all be better for you in three months. Just do not take your eyes of the HR and mismanagement teams for one second...not until you get that p45 and have signed your new contract. I guess you could just walk out, but at least have a go at negotiating with these 'people'...Gove has given them more power that is best for them and ten years later, you don't want a revised nasty reference blighting future job applications.
     
  9. grumpydogwoman

    grumpydogwoman Star commenter

  10. peakster

    peakster Star commenter

    Get signed off

    Contact the other school and see when you can start

    Don't return to your previous one - it's a no brainer really.
     
  11. TheoGriff

    TheoGriff Star commenter

    .

    Easter is already past . . .

    Best wishes

    .
     
  12. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    You can't just leave, much as it is an appealing thought. You have a contract with this horrid place and cannot just break it. If you ring your new school and suggest that you are about to do so, you may find your offer of a new post is withdrawn.

    I assume you were signed off, as you certainly seem unable to work at the moment, so formal capability is highly unlikely to start while you are off. Don't panic about the capability just now, your union will take care of negotiations on that front. Talk to the union and get them to talk to your existing school about negotiating early release from your contract. Once the horrid school have agreed to that, then contact your new school and negotiate a starting date.

    Follow the advice of your union and make that complaint. The horrid school won't want to contest and investigate it, so will likely offer some kind of early release. Then you are free to go to pastures new without worry. Horrid schools will play hardball, but your union will support and help you.
     
    Mrsmumbles and grumpydogwoman like this.
  13. grumpydogwoman

    grumpydogwoman Star commenter

    You have to sink to their level.

    "You can let me go now. I don't come back. Or we can slug it out. But do you really want me to go that route with you?"
     
    Mrsmumbles likes this.
  14. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    I disagree completely.

    You will not be able to sink to the level of some SLT members. They have such nasty depths to their character that they will never cease to amaze you.

    Depending on your school of course, but it probably isn't even worth trying to sink to their level, you'll never make it.
     
  15. grumpydogwoman

    grumpydogwoman Star commenter

    Well, that was my idea of getting down and dirty. Threatening to make life difficult if they pursued the capability ballcox.

    Not terribly down and dirty really. But then I remained a bog-standard classroom teacher for 32 years so what do I know of POWER!!!
     
  16. lboogie88

    lboogie88 New commenter

    Thank you all for your responses. Quick update - I emailed the 'horrid' school and asked for them to release me early by way of a settlement agreement. They have asked me on what terms of settlement I am suggesting. I have replied (probably stupidly) to say I want no financial gain, simply to eave with a fair reference so that I can recover my health in some way. they have now come back to me and said that they would be willing to consider releasing me early from my contract and to let them know my intentions.... Not sure where to go from here
     
  17. TheoGriff

    TheoGriff Star commenter

    .

    You should go where your union advises . . . you cannot have a settlement agreement without proper advice.

    Settlement Agreements

    Best wishes

    .
     
    GLsghost and grumpydogwoman like this.
  18. lboogie88

    lboogie88 New commenter

    I spoke to the union adviceline and they said to see the GP and then wait to hear formally from work re capability. I wanted to set something in motion before it got to that stage. I have read your blogs on SA @TheoGriff and would certainly not sign anything unless it was checked by a legal advisor/union rep. Just wanted to give them the option to let me resign rather than having to go through Capability. I'm worried I may have done the wrong thing?
     
  19. Torey

    Torey Occasional commenter

    This is a different kind of capability. You need to get a copy of the absence policy amd check that they are following it. They have to go through the absence proceedings and it doesn't even seem as if you have gone to occupational health yet. Once you have a copy then you will know what to do next.

    I'd not panic as you have a job to go to and a reference. Get the GP to write that you are ill due to the situation at school (if that is true). Then if the current school does contact the new school they'll have to admit they are the reason you are off.
     
    thekillers and GLsghost like this.
  20. TheoGriff

    TheoGriff Star commenter

    .

    Perhaps not wrong but possibly a tad unwise to be e-mailing them about a settlement agreement, and stating the conditions, without going through your union.

    You need to get the agreement from the other school about starting soon before you get into any negotiations with this school. As suggested by @grumpydogwoman earlier on.

    Best wishes

    .
     
    lboogie88 likes this.

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