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Grievance against a school while employed with an agency

Discussion in 'Supply teaching' started by palk, Aug 21, 2019.

  1. palk

    palk New commenter

    Has anyone had experience or knowledge of a supply teacher succesfully taking out a grievance against a school, but are employed by a supply company? Without wanting to give too much away, this involves a serious injury at work which could have been avoided if proper procedures were followed. Directly after the injury and while under medical care, was then told through supply company not to come back. This was after almost a year of cover, planning and teaching within one department. Attempts at communicating with SLT about the incident were ignored. The supply company are appalled and supportive, so there is no problem there.
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Have you asked your union?

    What does the school grievance policy say? Does it restrict it it to direct employees only?

    Your agency should also have a grievance policy and presumably you are their employee, so raise the grievance against them

    Where failures by the school have resulted in you sustaining serious injury a grievance probably isn't the best way to deal with it anyway. Consult your union or a personal injury lawyer if you are not in a union.
     
  3. les25paul

    les25paul Star commenter

    I agree, consult your union about your legal rights here. The school will have some responsibility for the safety of its staff and visitors. You should be protected as a visitor I would hope.
     
    agathamorse, palk and pepper5 like this.
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    OP's status is likely to be "Worker" in employment law. Not an employee but not a visitor either. That's to OP's advantage, in general terms school would have more obligations to a 'worker' than a 'visitor'. Union or lawyer can give proper advice on this.
     
    Last edited: Aug 22, 2019
  5. Stiltskin

    Stiltskin Lead commenter

    Talk to your union. Was the incident reported to the HSE?
     
  6. schoolsout4summer

    schoolsout4summer Star commenter

    You are a member of a union, aren't you?
    Foolish not to be in a union.
     
  7. palk

    palk New commenter

    Yes, I am in a union. Just not many people available right now because of the holiday.
     
  8. palk

    palk New commenter

    Will contact the union when they are all back from their holiday. I spoke to Citizen's Advice in the meantime. It was them that advised a grievance to begin with, though I will check with the union as well. I don't know if it was reported to the HSE as no-one is getting back to me when I tried to contact them. It certainly should have been, but somehow I don't think so.
     
  9. palk

    palk New commenter

    Unfortunately I have no access to the school grievance policy as I am no longer there. Those policies are not publicly available. I did check and nobody is reponding to me emails so I cannot even get it that way. Union staff are thin on he ground at the moment, but will be speaking gto them when they are back from the Summer holidays.
     
  10. palk

    palk New commenter

    Apologies if it seems I am taking long to reply. My comments all have to await moderator approval.
     
  11. Jesmond12

    Jesmond12 Star commenter

    It might even be worth contacting “Have you had an accident at work?” Solicitors.

    I would also contact the LA to see if the accident was reported to them - if it was as serious as you say then it should have been.

    I would also write to the school via recorded delivery advising them that you will be taking this matter further. However you do not say exactly what you want from the school. Is it compensation or do you want to go back and work there?
     
    agathamorse, JohnJCazorla and pepper5 like this.
  12. blazer

    blazer Star commenter

    Was it recorded in the school accident book?
     
    pepper5 likes this.
  13. Jesmond12

    Jesmond12 Star commenter

    Any accident needs to be recorded in the accident book and then, depending upon the seriousness, reported to the LA.
     
    agathamorse and pepper5 like this.
  14. blazer

    blazer Star commenter

    Agreed but if it wasn't then a) the LEA won't know and b) proving there was an accident in the first place may be harder.
     
    JohnJCazorla, Jesmond12 and pepper5 like this.
  15. pepper5

    pepper5 Star commenter

    Jesmond12

    Do you think my accident was serious enough for the school to have reported it to the LA?
     
  16. Jesmond12

    Jesmond12 Star commenter

    If you required medical treatment then it should have been recorded in the accident book and then reported to the LA.

    We used to record all accidents involving staff/visitors and accidents involving children which required medical treatment.
     
    palk, agathamorse and pepper5 like this.
  17. pepper5

    pepper5 Star commenter

    Hi Jesmond12

    Thank you for your answer.

    Do you know what the purpose is of reporting it to the LA ?

    Sorry to ask so many questions.
     
    agathamorse likes this.
  18. Jesmond12

    Jesmond12 Star commenter

    It was for monitoring purposes and duty of care. On occasions they would contact me to see what further action I had taken to ensure that the incident did not happen again. Sometimes you could do something, on other occasions it was a pure accident.
     
    agathamorse and pepper5 like this.
  19. pepper5

    pepper5 Star commenter

    Thanks Jesmond12
     
  20. blazer

    blazer Star commenter

    If it is an LEA school then they are your employer and they will be paying should there be any compo.
     
    pepper5 likes this.

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