1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded education professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Resignation related to competency procedure

Discussion in 'Workplace dilemmas' started by theedudicator, Jan 27, 2012.

  1. Don't resign! Stay on and insist on a compromise agreement. You'll still end up with no job as if you'd resigned, but you will have the terms of everything, including your reference, in writing, and possibly a cheque.

    It sounds a little like they are trying to get you to resign without a compromise agreement, which leaves you open to them changing things in the future, including giving you an awful reference or refusing one completely.

    Also, if something has to go to the GTC, it will, whether you resign or not.
  3. Sorry for the caps.
  4. No, it isn't; or rather it doesn't have to be. You simply insist as part of your CA that the agreed reference is addressed to the person requesting it and that your former employer must not divulge the fact that it is an agreed reference.
    Good Luck!
  5. You may be able to get them to address it to the person requesting it, but most are not.
    Certainly I can tell you whose references that I have read that I suspected of being part of a CA becuase of this....
  6. rosievoice

    rosievoice Star commenter

    Only if you are naive enough to let them.
    I know recipients of compromise agreements who not only wrote their own references, but insisted, quite legally as part of the agreement, that this reference would always be addressed to the person requesting it, and not "To whom it may concern".
    Ensure you have a solicitor who is expert in these matters.
  7. Rott Weiler

    Rott Weiler Star commenter Forum guide

    DfE haven't spelt it out absolutely clearly in the consultation, but this is what they do say (my italic) which suggests to me the obligation to disclose capability procedures will apply to any request received after 1st September:

    "....we propose to publish revised regulations .... for implementation from September 2012. This will allow governing bodies the time to consider the proposed changes to the regulations and guidance and make preparations so that all appointments post 1 September are made in accordance with the new requirement. "
    What's less clear is what's meant by "....in the previous two years". Does it mean the two years prior to the request? Or the two years prior to leaving the school? Hopefully the final regulations and guidance will clarify that.
  8. Sadly, many unions that are instrumental in CA, do not seek this nor tell the often naive teacher that this should happen...
  9. teslagirls1

    teslagirls1 New commenter

    Thank-you everyone for the information and options. My competency review is due on the 7th February and I assume that the school will then seek dismissal which I wish to avoid. I will update what happens when my union have been in touch.

Share This Page