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nervous day

Discussion in 'Workplace dilemmas' started by Bedlam3, Oct 31, 2018.

  1. Bedlam3

    Bedlam3 Star commenter

    I'm anxious that my head will try and sack me today with it being 31st October. Can I be sacked by a letter in the post or an email or phone call? I will be spending the day in the house with the curtains closed. If a letter or email comes and I don't open it til tomorrow does it still count as being given to me by the 31 Oct deadline? I can't believe I am in this situation. It just so bloody unfair as its all down to the heads mismanagement and bullying. I feel so on edge and upset. It's just so wrong that I should be the one sat here in tears too scared to go out. My stomach is churning. I feel sick. 5pm seems so far away.
  2. grumpydogwoman

    grumpydogwoman Star commenter

    I'm sorry I don't recall particular circumstances but where do you stand thus far in terms of the HT following the procedure?

    How far has the process got?
    Bedlam3 likes this.
  3. Bedlam3

    Bedlam3 Star commenter

    Give had an OH report which says I am unable to ever return to the school due to WRS. Redeployment has been considered and dismissed. OH says I'm not Ill enough for ill health retirement. So the head can now legally go ahead and dismiss me. I just don't want it to be today because then I will leave on 31st Dec. If she sacks me tomorrow I will Leave at end of April which will help me in getting another job in the meantime. so if I don't sign for any letters I'm hoping that I will be OK.
  4. 1970devon

    1970devon Occasional commenter

    Bedlam3, I'm so sorry to hear about your current situation. You're sounding like you are in a similar situation although my formal absence hearing was scheduled for beginning of October. I would assume your head would have to follow the absence policy, where are you in the procedure? Have you had union involvement? Sending lots of positive vibes to you.
    agathamorse and Bedlam3 like this.
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Very sorry to hear that Bedlam.

    I realise you may not want to post every detail on here but @grumpydogwoman asks the pertinent question about the HT following procedure and due process. It's correct, as you say, that someone can be dismissed if they are unable to return to work but the procedures in the sickness absence policy still have to be followed. Where are you in that process?

    You haven't mentioned your union. What have they been advising you?

    Most contracts of employment say notice must be given in writing so a phone call wouldn't do it. Probably an email would count as in writing but I don't know if there have been any court decisions about this. As a general rule notice is only valid when actually received by you not when sent but there are a some legal ifs and buts to that. If it became an issue you'd need advice from your union's employment lawyer, it's not a straightforward question to answer unfortunately. @peapicker posted about this a while ago. There was a case where the dismissal letter arrived when the employee was on holiday and the court decided that notice hadn't been given until the employee returned from holiday and opened it. But that's not the same as actually receiving the letter but not opening it....

    Let us know what happens.
    agathamorse and Lara mfl 05 like this.
  6. Bedlam3

    Bedlam3 Star commenter

    Thank you both. I'll just sit tight for today. My Union are involved and their solicitor has taken my case on. God it's stressful.
  7. lrw22

    lrw22 Senior commenter

    I understand that you feel really edgy about what might happen but is there something you can do other than sitting and waiting for the postman? I would recommend that you try and have the most normal, active day that you can. Go for a walk, pop out for a coffee, watch a favourite film. Anything is better than spending the day feeling tense and wound up over something entirely out of your control. Take care.
  8. Lara mfl 05

    Lara mfl 05 Star commenter

    As said above the most important factors are correct procedure. If as you suspect the Head is going to 'finish with your employment' a certain amount of time will have to be negotiated. That may also be influenced by how much time you've already had off.
    Although resignation dates are Oct 31/ end of Feb., I'm unsure if that counts here? They're usually for the individual, as opposed to School. Even were you to be 'sacked' tomorrow, there is no guarantee your 'end date' would be end of April.

    I know it's stressful, but moping at home waiting for a communication is not going to help you at all, so try to put it out of your mind and leave the details to your solicitor and Union.
  9. grumpydogwoman

    grumpydogwoman Star commenter

    There's nothing any of us can do at this point.

    Will the tsunami hit? Will the dreaded hurricane pass directly through your house or will it blow innocently over deserted moorland? We don't know.

    So I wish you the best. But, whichever way it goes, you'll get plenty of support - even if it's only of the "moral" variety.
    agathamorse and Flanks like this.
  10. Rott Weiler

    Rott Weiler Star commenter Forum guide

    For teachers on standard contracts ['Burgundy Book'] the notice periods and dates for giving notice are identical for the employee and the school so the school would have to give valid notice today to terminate at 31st December.
  11. Lara mfl 05

    Lara mfl 05 Star commenter

    Thanks for clarification Rott Weiler. :)
    For clarification of Bedlam 3 ,would that mean if a letter arrives after Oct 31 st, that the OP is automatically guaranteed fully paid employment till the end of April then? Even if say they've already had 6 months sick leave?
  12. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I wouldn't want to speculate on that. Bedlam has his union solicitor advising him so best to get the advice from them. In general though your guess would be mine too.
    lrw22, agathamorse and Lara mfl 05 like this.
  13. Jolly_Roger15

    Jolly_Roger15 Star commenter

    @Bedlam3: I cannot add anything to that said by OPs, other than you have my best wishes.
  14. Bedlam3

    Bedlam3 Star commenter

    Yes that's what Union said. But if a letter doesn't arrive tomorrow I stay on half pay because I am on sick leave.
    The postman has just been and I hid behind the settee like a criminal or rent avoider. It would have been funny if I hadn't been sh*****g myself. I am relieved to say there is no letter! So I think I will be OK. I'm going to go out like @Irw22 says. It's best to just get out and walk. Thanks everyone fOr all your moral support. I will post again at the end of the day.
    lrw22, Shedman, agathamorse and 2 others like this.
  15. scienceteachasghost

    scienceteachasghost Lead commenter

    ' I will be spending the day in the house with the curtains closed.'

    This alone highlights to me how far from being well enough to return to work you are. You have whipped yourself up into a state of paranoia. (just read further down, well done for going out!)

    You could always take matters into your own hands and send in a note on Nov 1st tendering your resignation to end on Apr 30th , with a view to getting a different job in the meantime. This gives you 6 months if the school keep you on their books. It sounds like leaving teaching altogether might be best for you IMHO.
    henrypm0, lrw22 and sabrinakat like this.
  16. mothorchid

    mothorchid Star commenter

    Nothing to add, just wanted to send best wishes.
    Lara mfl 05, lrw22 and agathamorse like this.
  17. lrw22

    lrw22 Senior commenter

    How are you Bedlam? Hoping no more posts means you've managed to put things out of your mind and that you're feeling a bit more relaxed.
    Lara mfl 05 likes this.
  18. Bedlam3

    Bedlam3 Star commenter

    Well after a very tense day I don't think I have been dismissed. Nothing came in the post and I haven't been onto my work emails and there is nothing on my home emails. So it looks like I am ok for a while longer. I had a good walk with the dog and felt better out of the house.
    An early night for me as I barely slept last night.
    @scienceteachasghost - I realise I sounded a bit paranoid. I think I had spent all night awake worrying and then just felt panicked this morning. It passed as the day went on.
  19. lrw22

    lrw22 Senior commenter

    Glad you are feeling better than you did this morning. Sleep well.
    Lara mfl 05 likes this.
  20. AnotherDayTowardsRetirement

    AnotherDayTowardsRetirement Occasional commenter

    Sleep well. The storm has passed for another day.

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