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Suspended for upsetting SMT - How do I get a new Job

Discussion in 'Behaviour' started by Suspended, Mar 7, 2006.

  1. After being physically assaulted by 3 pupils since starting in a new school as a HoD in September, and getting no support from SMt over the distress it has caused me (as none of the pupils have been permanently excluded, and I still have to teach one of them), I have just been suspended for telling my fellow teaches about my distress in a staff briefing. It looks like the SMT want me out, and are getting me investigated for gross misconduct. regardless of the outcome - I don't feel i can go back to the school and want to start applying for new jobs - who will be my referee, what do I put in a covering letter about my suspension? i know at least my previous school will give me a glowing reference
     
  2. After being physically assaulted by 3 pupils since starting in a new school as a HoD in September, and getting no support from SMt over the distress it has caused me (as none of the pupils have been permanently excluded, and I still have to teach one of them), I have just been suspended for telling my fellow teaches about my distress in a staff briefing. It looks like the SMT want me out, and are getting me investigated for gross misconduct. regardless of the outcome - I don't feel i can go back to the school and want to start applying for new jobs - who will be my referee, what do I put in a covering letter about my suspension? i know at least my previous school will give me a glowing reference
     
  3. I presume you are in contact with your union over this? are you not entitled to discuss things with colleagues? It doesn't sound to me like it merits a suspension - get advice and good luck.
     
  4. I should think you are on pretty safe ground for constructive dismissal; do contact your union.
     
  5. oldhandatthis, it is extremely difficult to get constructive dismissal, however a good a case you might have - as I know to my cost. I am thinking of pursuing it myself, but have been warned about the difficulties by my union.
    Disgraceful, I know. It seems as though these are things are there for our protection - but, when it comes down to it, are almost impossible to achieve.
     
  6. Forgot to say, my sympathies are with you, suspended. My very good friend (AHT) has been suspended for nearly 8 months now - and still not been caharged with anything - she still doesn't know what she's supposed to have done!
     
  7. casper

    casper New commenter

    This is totally outrageous. Have you got anything in writing or e mail. I know of people in the same position. What would hapen if someone was assaulted in business. I have been assaulted adn it is very distressing.

    If I can help or offer support let me know.

    jazzchimp@yahoo.com
     
  8. Maths_Mike

    Maths_Mike New commenter

    did you report these physical assualts to the police? I wish more teachers would persue things in this way - I know police probably dont want to know but they ahve a duty to investigate!

    Good luck with finding a new job
     
  9. .... how was this 'suspension' done ?
     
  10. Thanks for comments.
    Did report to police (2 of the three assaults). One boy recieved a Formal warning - last one ongoing.

    recieved a letter today - although the head phoned me on Sunday night to ask me to meet with her on Monday morning to 'sort things out'. It was then i was told i was suspended. i was not aloowed back into my clasroom to get my things - another member had to go for me. I have been told I am not allowed to go into school or speak to any of the staff about the incident. trying to write application forms for new jobs now - but just don't know how to explain my situation and reasons for leaving.
     
  11. union involved, but i think Ht has decided they want me gone - so no stopping it.
     
  12. nomad

    nomad Star commenter

    Gross misconduct is pretty serious. It is misconduct deemed to be so serious that the school can no longer tolerate the presence of the employee on the premises. Gross misconduct may include physical violence; theft or fraud; deliberate falsification of records, deliberate damage to school property; serious incapability through being under the influence of alcohol or drugs at work; serious negligence which causes an unacceptable loss, damage or injury; serious act of insubordination; serious breach of the Equal Opportunities policy, etc., (this is not an exhaustive list).

    Your letter from the HT will need to state exactly what it is the school considers you have done, not just use the umbrella term "gross misconduct". I would suspect it will be along the lines of serious act of insubordination, but that really should be proved.

    Your letter should also detail your rights of appeal.

    One thing you will need to ascertain, is whether the school intents to report you to the GTC. This is a union matter. Keep them informed.
     
  13. The disciplinary system is totally contrary to employment law, irrespective of the grounds not being gross misconduct.

    Does the documentation state that you are suspended, and on what grounds ?

    If so, there is a clear breach of the disciplinary system IMO.

    You can take the case to an Employment Tribunal, or threaten it. You could also argue it is H&S and/or Whistleblowing and possibly even disability as well. Whatever it is , it sure as hell isn't Gross Misconduct.

    This comes from the TUC "WorkSmart" website, not a teaching one btw.

    I think you need to know where you are going. There are disadvantages to asserting your rights against a large organisation.

    "This one year's qualifying period is not required for dismissals on grounds of sex, race, sexual orientation, religion or belief, and disability or for any of the following reasons which would make the dismissal automatically unfair.

    * membership of or activities connected to an independent trade union
    * taking legitimate steps to ensure the observance of health and safety work place requirements
    * carrying out the functions of an elected employee representative or candidate for election or taking part in an election.
    * carrying out the functions of an occupational pension scheme trustee
    * disclosures of wrong doing under the Public Interest Disclosure Act of1998
    * due to pregnancy or childbirth
    * asserting a statutory right
    * refusing to work on a Sunday if working in retail or betting (unless part of your existing contract)
    * Seeking entitlements under the National Minimum Wage Act 1998
    * The employer?s failure to properly follow the statutory disciplinary procedure"
     
  14. redx11

    redx11 New commenter

    Am I being thick?
    How can you be suspended by upsetting SMT?
    I do this every day by just being there.
    I also question thing on a regular basis.
     
  15. No - I'm finding it hard to believe you can be suspended just for a bit of gosipabout the SMT - we all do it everyday surely?
    What have you done suspended?there must be more to it.
     
  16. SMT know the unions will do nothing. They know that most people don't have the resources to pursue their own cases. They know that colleagues still in a job will protect their own a***s.

    They can do what they like. They can rely on the dsbelief expressed in this thread and elsewhere.
     
  17. Sorry to dispute, Nomad, but your letter from the head teacher does not have to detail anything about the nature of the misconduct. All it has to say is that it is a "neutral act" while the case is being investigated.

    They do not have to give the exact nature of the charge until precisely 7 days before a disciplinary hearing. They can keep you on suspension indefinitely (with pay, that is).

    The suspension letter does not have to say anything about rights to appeal, but it may have in it the information about the disciplinary process. This will include a right to appeal, but only to appeal the result of a disciplinary hearing.

    A teacher was suspended and sacked for swearing in the staffroom at his colleagues. It was, from what I recall, a first offense. The GTC found he was NOT GUILTY of unacceptable professional conduct, in a hearing, citing the stressful nature of the job he had.

    Make sure whatever you do, you submit all incidents in writing, if this goes to disciplinary hearing. Make sure you sit down now and write down anything you recall about your time at that school, where SMT let you down regarding support.

    As a matter of fact, you may wish to file a counter-grievance against the SMT persons who refused to support you, and who did not take the assaults seriously. This can be cited as a health and safety issue, lack of SMT's duty of care, etc. Make sure EVERYTHING you submit is in writing - any evidence of what happened, what you did prior to the assaults, what happened as a result of the assaults, police records, if any (give the name of the attending PC, if possible - and make sure he's on a witness list for any disciplinary hearing). There's more but can't think now - it's a bit late.

    If you want to talk about it, email

    anonamuse2@aol.com

    for more help.
     
  18. casper

    casper New commenter

    Suspended how are you today, any news? I hope you are ok.
     
  19. Thanks for asking

    Am a lttle down - try to the see the funny side - as this is soooo ridiculous. Filiing out job applications again - but seems pretty pointless as my head has to be a referee!!
    can't seem to get my head round the injustice and the lack of rights I seem to have.
     
  20. Suspended,cannot believe you can be suspended just for speaking out in a staff briefing about the school's failure to adequately discipline those 3 pupils. Surely a teacher has to do more than that to get him- or herself suspended ??? Could you perhaps tell us a little more about.
     

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