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NEU representation

Discussion in 'Workplace dilemmas' started by bluebaton, May 17, 2019 at 12:32 AM.

  1. bluebaton

    bluebaton New commenter

    Hi all,

    Please may I ask what your experience is of NEU representation.

    I took out a grievance against my line manager last year and the head did not uphold it. What was worse is that the outcome letter said that not only were they not upholding my grievance but that I face gross misconduct, as they viewed my grievance as vexatious.

    I have appealed of course but my union representation falls far short of what I was expecting and just wondered what others had experienced in similar situations.

    Thanks for listening x
     
  2. ridleyrumpus

    ridleyrumpus Lead commenter

    Gross misconduct is pretty serious so I would like to think that the grievance itself made some serious allegations for the school to threaten it. Did the union support your Grievance ie they indicated that it had merit?

    What is the NEU opinion of the schools position re gross misconduct?

    Where you represented / given advice by local or regional NEU rep? You need rep from regional as you job is at risk.

    Whatever contact your household insurance to see if you have employment law cover, many do, and contact them.tgey may give you a steer on your position but it would time. So you may well need to spend some money on a employment lawyer for an opinion, basic initial opinion may be free.

    DO NOT TELL THE NEU YOU ARE DOING THIS AT THiS STAGE.

    (You are not allowed to be accompanied to meetings/hearings by a lawyer so you may still need u ion support.)
     
    Rott Weiler and pepper5 like this.
  3. bluebaton

    bluebaton New commenter

    The union are up and down. Sometimes helpful, mostly not helpful. I expected them to be better. Wondered if others have had similar experiences or if it’s just me!
     
    pepper5 likes this.
  4. HolyMahogany

    HolyMahogany Occasional commenter

    When you say line manager instead of HOD or HOY can I assume that your line manager is a member of SLT. It may be that the HT is closing ranks with a member of their team.
    The HT and your line manager may have assumed that when your complaint failed you would move on and this is intended as a push in that direction.
    Without knowing the details of your case it sounds as if you now have to present your complaint and evidence all over again in order to prove that you had any sort of case in the first place. But first they should be presenting their evidence that your complaint was motivated by reasons other than the ones you gave.
    Yes it could be that if you have made a complaint against a colleague without reasonable evidence or cause, this could be considered as vexatious.
    I cannot give legal advice, but it is worth remembering that if someone is found 'not guilty' in a criminal case it doesn't automatically follow that the witnesses for the prosecution have committed perjury.
    The HT has to present a case that you were motivated by reasons other than the ones you gave, which I presume you based on sound professional arguments and evidence.
     
    Piranha and bluebaton like this.
  5. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    Did the union support you in bringing the grievance?
    What plan did you have at the time for the possibility of the grievance not being upheld?

    If a grievance isn't upheld, it would seem to have been vexatious and I can understand your line manager objecting afterwards.
    By this, do you mean the union don't support all the actions you have taken? Or that they are suggesting the school has a point?
     
  6. Pomza

    Pomza Star commenter

    Grievance nearly always a very bad idea. Never going to end well...
     
  7. ridleyrumpus

    ridleyrumpus Lead commenter

    And the alternative is?
     
    pepper5 and Daredevil111 like this.
  8. Pomza

    Pomza Star commenter

    If you don’t like where you work, go and work somewhere else. Like everybody else in the real world...
     
    border_walker and peakster like this.
  9. ridleyrumpus

    ridleyrumpus Lead commenter

    So you shouldn't call out bullying etc?
     
    pepper5 likes this.
  10. mothorchid

    mothorchid Star commenter

    My union experience was excellent. However, it will surely depend on the rep you have? As with everything, some may well be better than others. I cannot judge what happened in your case.
    I will add that I was advised strongly against bringing a grievance for bullying, despite the strength of the evidence. The somewhat surprising amount I was later offered as an SA indicated I would indeed have had a good case, but the emotional toll would have been considerable. The union rep advised me that, in his experience, grievances usually fail, then IF you want to, the thing to do is resign and try for constructive dismissal. But that often fails too.
    I am not an expert; I am only passing on my experience, which is, admittedly, about five years ago, so may be out of date.
     
    agathamorse and pepper5 like this.
  11. Piranha

    Piranha Star commenter

    The school can allow you to be accompanied by a lawyer, but doesn't have to. Unless your lawyer is either a colleague or a union rep!
     
    Pomza likes this.

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