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Resignation while on formal capability

Discussion in 'Workplace dilemmas' started by gretel42, Mar 26, 2012.

  1. Has anyone got experience of resigning during a formal capability process? Is it better to try and negotiate a CA? Is it worth fighting the whole process when there are clear, but cleverly disguised, motives for getting you out?
  2. Torey

    Torey Occasional commenter

    Your union can advise you better, but I believe once you got to the formal stage it is on your reference if you go for a CA or not.
  3. I do know a lady who was on the formal stages of capability. She was on sick leave with work-related stress and the school agreed to take her off capability if she returned, worked until the end of term then resigned with a compromise agreement.
    Obviously this would have to go through your union but it clearly CAN be done. My union rep was just awful when I experienced bullying and didn't want to know, but clearly some can work their magic. Good luck, it's a horrible position to be in x
    PeterQuint likes this.
  4. No don't you decide to resign, that's what they're hoping you'll do as it makes it easier for them. That's why you're getting all the underhand pressure to do so. Definitely negotiate a CA and resignation might form part of that, at their suggestion not yours. I know it's tempting to resign as you can draw a line under everything sooner and start moving on straight away, but you'll be doing yourself out of a better deal.
  5. DO NOT RESIGN!!!!!
    Negotiate a CA & as a part of the agreement seek to negotiate that the capability is not mentioned. Obviously, I don't know your circumstances, but if the capability is as you have suggested suspect & a means of removing you from the current post, then you will have a right to not have it mentioned.
    Speak to your union. They should negotiate the best thing for you - that is why you pay your subs. Tell them exactly what you want - they should work for you.
  6. Dragonlady30

    Dragonlady30 Star commenter

    I resigned while on formal capability. Did not negotiate a reference, but the capability wasn't mentioned-I know as I requested copies of the two references sent AND I checked with the recipients.
    In rhetrospect, it was the best thing I ever did. I'm on a long term supply contract and am having the time of my life. I'd forgotten what it felt like to be appreciated by staff and kids. I'm 100% better in health and confience. Although my contract is coming to an end in May, they've already asked me to fill in some spaces that have arisen over the last few months so it looks as though I won't be getting a cut price holiday this year!
    There IS life after capability! If you'd said this to me this time last year, I'd have laughed-a very sarcastic laugh!
  7. thank you dragonlady30 for this info but I know from this forum that some heads can be vindictive and woud easily mention the capability. At least you have come through it all and enjoy teaching - just as you should!!!
  8. Dragonlady30

    Dragonlady30 Star commenter

    I agree about the vindictive HTs. I didn't know this forum existed when I really needed it, but since finding it, I have been gob-smacked by some of the accounts. They begger beilief!
    As for enjoying teaching again, I'm loving it! [​IMG]
    Lara mfl 05 likes this.
  9. chriszwinter1

    chriszwinter1 New commenter

    There are a few around.
    So have I, but I've seen what HTs are capable of.
    Brilliant. Good for you. That's what we'd all like. Any vacancies at your place?
  10. Normal



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    In my view, to resign before a compromise agreement is agreed would leave
    the teacher vulnerable and totally at the mercy of a potentially vindictive HT.
    And if the HT has behaved unreasonably leading up to the CA, then there is
    every indication that the HT will continue such conduct once the teacher had resigned.
    For example, the HT would be free to write a damaging reference or even lodge a
    malicious referral to the GTC. Of course, the vindictive HT could also continue
    the formal proceedings during the period of notice, leaving the teacher
    vulnerable to further intimidation and stress.

    I can understand that a teacher may feel under such pressure that there is
    no alternative to resigning unconditionally. I fear that to do so would simply
    make a very difficult position worse. One exception might be where the teacher resigns
    and still has some leverage over the school/HT, such as an outstanding complaint
    about bullying, harassment or discrimination. Under those circumstances, even a
    vindictive HT might realise that with the teacher resigning, there is nothing
    to be gained (and potentially a lot to lose) from vindictively pursuing the
    teacher once a resignation has been given. HT will not want to involve
    governors in handling formal complaints.

    A brief comment about the role of unions in such circumstances: I wouldn’t expect
    much help. Unfortunately (and disgracefully) many union caseworkers are totally
    overwhelmed with scores of live cases. I therefore have little faith that unions
    will offer much support in most cases and really wonder where the teachers’ subs
    go. In general I doubt that union caseworkers improve the terms of a CA. The
    caseworkers do not seem to have the time/skill to negotiate a decent agreement.
    It is also worth remembering that the union may be conflicted if the other
    teachers/HT are also members of the same union! The result: the union is likely
    to push for a quick (and weak?) CA.

    My specific suggestions are that a teacher:

    <ol>[*]uses the legal advice service provided under their
    household insurance (if they have legal protection) as well as the union. (NB The
    legal protection service should give teachers direct telephone access to an
    employment solicitor).[*]compiles a detailed chronology of events (gives achance of getting even) [*]presses the union continuously to take the
    case seriously.[*] remains actively engaged in the process,
    for example, looks closely at the wording of any draft reference to make sure
    it is as positive as possible while remaining fair and accurate.[*] (most importantly), protects his/her health
    and sanity, doesn&rsquo;t let the ******* get them down and should recognise things do
    not remain bleak forever. </ol>




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  11. I ended up on the sick because the incapabiltiy procedure was tainted. I was being 'supported' then in the week leading up to the final observation I was suddenly inadequate again in my planning? It was all a ploy to get me out. I resigned and dont regret it because I am still in touch with colleagues and almost two years later they are still at it, pushing out staff who are outstanding to bring in 'fresh meat'. It is a disgrace! Get out while you can. Only down side is they took away all my self esteem and ruined my career, I no longer teach.
  12. So sorry to hear that you are going through similar **** to me! I am an assistant headteacher in a school that has been in special measures for nearly 2 years. I was given the responsibility of raising our failing attendance - which I did within the first 2 terms ( and have maintained the improvement) I also have responsibility for EYFS and have ensured that we are moving from satisfactory to good (although not quite there yet). My year 3 class - completely awful in September - now behave rather well (most of them!) and they have all made progress. In fact, the week before I was put on 'informal capability', I was observed by headteacher who told me there was 'an excellent learning ethos' in my class and that I had performed miracles with these children.
    Apparently, my problem is that I am not 'consistently good' in lesson observations and some children still do not take enough responsibilty in their own learning!!!! Also, I have not been strategic enough as an EYFS leader.
    However, we are to become a sponsored academy in September and I firmly believe this is a move to 'get me out' so that she (the head) earns some sort of browny points as a 'hit man'.
    I lasted almost a week after the capability meeting and then completely broke down. I have been off sick for just over a week before the hols started.
    I have worked at this school for over 15 years and given a lot of blood, sweat and tears. I feel that my days are numbered but I am so angry and hurt that this could be done to me.
    As a governor, I have also been sent minutes that show she has told the personnel committee of 3 staff undergoing informal capability - yes, I am not alone!
    My union rep is not particularly helpful - I feel that she could have asked to see evidence (as there wasn't any!) but she didn't do anything other than attend the meeting.
    My salary is our sole form of income as my husband had to retire due to ill health, so we will inevitably lose our house.
    I really feel desperate and cannot face going back.
  13. Mariangela - You have my sympathy - what a dreadful situation to be in. Please keep strong.
  14. My suggestions are these
    1) Get copies of the school's capability procedure and
    bullying policy and study them. Informal stage is about support, so (at this stage) don;t jum the gun. They must
    document every stage and with luck the head will become totally overwhelmed trying
    to manage 3 informal stages at the same time, esp if they are contested.

    2) Contact your regional union and mention that
    allegations are being made without any evidence and that you suspect complaints
    are being fabricated in order to launch formal capability process. Send examples
    of her actions/comments that cause anxiety or stress or alarm (you only need
    a few, so don't suffer for long). Mention that others are undergoing
    capability. If the union does back you even then with a letter to the school, then
    (without telling the union) use your legal protection service that comes with
    your insurance and contact (by phone) the free employment solicitor. Ask about
    your options.

    3). Keep a diary of your successes and anything
    they might try to use against you. Keep a detailed diary on your home pc (and
    not your work pc).

    4) When dealing with the school insist on written
    evidence of any complaint/issue they wish to make against you. Do not correct
    them when they make mistakes in the capability procedures as they go along.
    Keep your powder dry.

    5) Liaise with the other two colleagues and coordinate
    action. Same union?
  15. hi 2 years ago i resigned during formal capability procedures and got an agreed rer . i have been working in a day nursery but am thinking of returning to the state sector and doing supply. have been worried about being out of the loop and dealing with discussing the capability procedures , despite being allowed to teach til the end of that year with no intervention from senior management and being expected to complete reports etc as normal. Any tips?
  16. Hi there,I'm a teaching assistant and just back into work for just one week , I got called for a meeting . I was told that I was going to be put on capability procedures . I was so devastated that I offered to resign as to avoid to be put on capability. Please,advise. I was told in an intimidating and bullying manner and it was demanded I hand in my resignation the next working day. What are my options? I don't want to be put on capability procedures because I've my doubts whether it's really regarding my abilities or the senior management is trying to get rid off me in this way. Can I get compensation for bullying?

    I'm on sick leave at the moment and the money is very little. I feel very vulnerable and extremely anxious about the whole situation.
  17. fishtoe

    fishtoe New commenter

    Hi Gertruda. How are you doing? I can understand your feelings completely. I've been there.

    First of all start yourself a new thread so that everyone can reply to you personally. There is some great support out there on the forum.

    I can not believe that the education profession has come to this. Everyday there is some new bullying event made by SLT to staff in an effort to cut the budget. What is the world coming to? If parents and others outside the education system only knew. Unfortunately this is a well rehearsed game with the outcome only geared to money and not to the welfare of the children.

    Have you been in touch with your union?

    Keep strong and remember it isn't you but the budget that they are worried about. 5-10 years ago you wouldn't have heard about this way of staff management.

    Sending you a big ((( hug))) [​IMG]

  18. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I don't know about reporting to the TA but you may have in mind the new regulation from September 2012 that if a prospective new employer asks the previous employer if there has been any formal capability proceedings in the previous 2 years the previous school must say so and give details. That's irrespective of what the Settlement Agreement (what CA is now called) says about agreed references. An agreed reference in a Settlement Agreement can't prevent formal capability being disclosed if asked about.
  19. rachiepoos

    rachiepoos New commenter

    When did the teaching world become like this? I don't understand what's happened? It feels to me that there are a lot of people who do not understand the procedure, including the unions. Unfortunately there is too much power with people who are not trained or qualified managers, but teachers who have made their way up the ladder. It is terrifying to think that I am being managed by people who essentially have no one to answer to and can therefore do exactly as they please. Many of my issues involved parental complaints, which are something that you can never control. I can never control what a child says to their parent and what the parent may think of me, without even meeting me or discussing things. I am the adult and not the child. Sometimes children take a disliking to a teacher and this is natural, not everyone gets along, but to use this to destroy a teacher's career appears completely bizarre.
    Mrsmumbles likes this.
  20. Mrsmumbles

    Mrsmumbles Star commenter

    Yes you can resign, yes this can be done in tandem with your rep sorting out a full, thorough and fair CA, and no way on this earth is it worth fighting. There are other ways of getting your own back on the bullies. Your health must come first. For resigning at weird times in the year, you could ask to released at the Heads discretion BUT ensure that a normal exit date in the school year is given on the reference. Also no safeguarding issues. All important stuff and the rep will give you proper full advice. Essentially, thanks to ******* Gove, teachers can be kicked out at any time and move outside of the official notice periods. But we don't want to talk about that particular elephant in the tatty educational room....

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