The disastrous impact of school disciplinary processes upon the individual accused was highlighted here a few weeks ago, and struck a chord with many users of the TES website. In response to this, TES reader E.A. Francis explains how you can protect yourself against such harmful claims. Source: TES
Established and experienced teachers are being forced out of their chosen vocation, through what they have described as malicious and fabricated allegations against them by their colleagues.
So what can you do to help yourself?
Here is a check list to help you to protect yourself:
1. Have you got every single accusation in writing? If not, the procedure must not continue.
2. Do you still have to work with your accuser? If so, why is this being allowed?
3. Contact your union. If they are unhelpful, call an Employment Solicitor. Ensure you are talking to a solicitor who specialises in Employment Law. You can telephone around and ask the receptionists in Law Firms. They may even be able to recommend a local EL solicitor, should they not specialise themselves.
"Do not discuss this with any member of staff, no matter how friendly you are with them. Moral cowardice kicks in because people will be frightened of their own careers and will not want to be seen supporting you."
Do not be afraid of doing this. If you know these allegations are unfounded, do something immediately. Do not wait around to get more and more ill. A solicitor has the potential and the understanding to reassure you within your first free-of-charge half an hour.
4. If your union is helpful, still call a solicitor for the same reasons. Unions have their limitations, Employment Law lawyers do not. It is a possibility that your union representative wants a quick conclusion. This usually means a quiet resignation. The first meeting with a solicitor is free of charge. Should you appoint a solicitor, you will receive an estimation of costs. Most will be around £500-£800, providing things do not get complicated. It will be the best £500 you have ever spent.
5. It will doubtless get to the point of organising a Compromise Agreement and your solicitor will negotiate a lump sum of ‘hush’ money way over the amount of their bill. The most valuable input they will have is to ensure every stage of the process is being carried out lawfully. They are also able to link your situation with breaches in Acts of Parliament or the school’s own policy document.
6. Do you have a copy of the school’s grievance and disciplinary procedure? If not, do not proceed until you do. When you have this procedure, ensure it is being followed to the letter throughout the entire process because it probably will not be. Show this to your solicitor.
7. Do not discuss this with any member of staff, no matter how friendly you are with them. Moral cowardice kicks in because people will be frightened of their own careers and will not want to be seen supporting you. This is not wrong, it is human nature. If they are brave and support you, they may be ‘warned off’ doing so. You will feel isolated and alone, but if you know this is going to happen, you are better prepared for it.
8. Do you have someone to attend the first meeting with you? You can take either your union representative or a colleague. Some people may not even be in a union, but do not worry. Join one straight away; they will not help you, but you but you can at least copy all of your letters to them. The union may have a hardship fund to help you with legal costs, even if you have only just joined.
"Take your own minutes, preferably taken by your companion, and make notes yourself. Pass these on, with the minutes from HR or SMT, to your union and solicitor. Trust me, they will differ."
9. Request the form and fill it in. Be careful who you select, should you need a colleague to attend the meetings. You may have to ask a number of them, as they could say no. What you must bear in mind is that they now know what you are being put through, so they must understand that confidentiality is paramount. This need not be leaked at all. There will be witnesses and they may be biased against you, so if it is becomes common knowledge around the school, ensure it is not because of you. If you have not found a companion, do not attend any interview until you do.
10. Do not be afraid to refuse to answer a question put to you; neither should you worry about being unable to answer a question. You may be asked about something you cannot recall. Fine, say so. If you are unsure of a question, make notes to your companion. If you are still unsure, do not answer the question.
11. Take your own minutes, preferably taken by your companion, and make notes yourself. Pass these on, with the minutes from HR or SMT, to your union and solicitor. Trust me, they will differ. Subtle changes in emphasis could mean the difference between you sounding frustrated and you sounding aggressive. Benign words or questions you have asked may be conveniently altered. For example, you could ask who supported the ‘aggrieved’ within the school. The investigators could ask you who suspect. You offer a few names as thoughts. The people may then be told you claimed they were supportive and how do they feel about that? Emphasis changed, another person aggrieved. Do not accept the minutes until you agree with them. Then and only then, sign them.
12. You will receive a copy of the grievance report and its findings. Ensure you agree with the accounts of your meetings. If you consider any part of the first report to be biased against you, allow your solicitor to write a letter to the school and refuse to continue in the process until you feel you are being reported on fairly and without bias.
13. If a hearing is decided upon, ensure the reasons for this hearing are set in writing and are just. If you haven’t already, visit your doctor, because by this time you will not be able to eat, sleep or function normally, and listen to their advice.
"Stop worrying about future employers, your reputation, what others are thinking and, more importantly, stop any feelings of guilt. There is life after that school."
14. If you are suspended prior to the hearing, do not accept that you are unable to collect your property. Remember, this is staff against staff. If you have not committed an act of abuse towards anyone then why are you still there in the first place? If you are suspended, contact your solicitor immediately and question the legalities of the suspension. If you are advised by your doctor to remain away from work at any point during the procedure, take that advice. Listen to your doctor. Do not struggle in because you fear the worst if you do not attend work. The worst has happened anyway.
15. Do not resign before the hearing; you may be advised by SMT to do just that. Don’t, unless you are negotiating a Compromise Agreement you are happy with, via your solicitor.
16. Do not be fobbed off with a promise of payment to the end of the term if you resign immediately. You may be tempted by the promise of an excellent reference and pay to the end of term. Do not accept it.
17. If you do not agree with the outcome of the hearing, appeal against the decision. You should have fourteen days in which to do this. Talk to your solicitor. If the appeal is upheld, revisit your doctor and seek their advice.
18. If you honestly believe you have been set up in any way, shape or form, submit a grievance against your school. Your solicitor will help you do this. Send it to the person responsible for all school governors within the LEA. If you send it to the school, the Head Teacher will doubtless open it.
19. Sit back, take your doctor’s advice and leave everything up to your solicitor. By this time, their solicitor will be negotiating with yours. Wait for an outcome and trust your solicitor to get a fair result.
20. If your solicitor suggests a tribunal, listen to them. Do not roll over and play dead. The more people act in this way, the less confident SMTs will be about using this system to get shot of you.
Stop worrying about future employers, your reputation, what others are thinking and, more importantly, stop any feelings of guilt. Concentrate on getting emotionally strong again and regaining your health. There is life after that school.
In order to continue raising awareness, people have to share accounts. Once the problems are widely recognised, current policy has more chance of being evaluatated and positive change can be affected carefully but definitely.
"It will mean the difference between you saying, "They broke me and you lost my job due to having to resign and then my career went" and you saying "They tried to break me and the outcome of the Compromise Agreement was negotiated on my terms. I then had a break and got another job"."
The most important factor is to not get so ill that you lose your ability and your will to fight against what you believe is corruption. If you search your heart and still find what has happened to you to be unfounded in any shape or form, stand up and refuse to accept this miscarriage of justice. You will leave the school, but how you leave will determine your recovery.
It will mean the difference between you saying, “They broke me and you lost my job due to having to resign and then my career went” and you saying “They tried to break me and the outcome of the Compromise Agreement was negotiated on my terms. I then had a break and got another job.”
I would like to highlight support systems already available for those suffering at this time.
www.bullyonline.org
This website offers support, advice and guidance and makes you appreciate that you are simply one out of thousands.
www.acas.org.uk
For excellent broad advice including mediation (waiting lists are long for mediation).
www.adviceguide.org.uk/what_you_need_to_know_dealing_with_grievances.doc
Here you can download valuable information from the CAB.
http://petitions.pm.gov.uk/care4teachers/#detail
Here, you can sign a petition requesting a fairer deal from Head Teachers.
www.TeacherStress.co.uk
www.ruined-damaged-destroyed@hotmail.co.uk
Email address for those who need to let off steam or link with others by email, to form a self-help group. If there is any advice we can offer, we will. (We do know our limitations and will refer you to appropriate sites if your problem is complicated). Simply having an empathic ear can be enough for some and a life saver for others.
