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Using capability procedures to justify dismissal.

Hi,

First time I've used this so please forgive if I'm in the wrong place.

I have been working in a school for 7 years, in the past year I have been the HLTA and I have never received any complaints about my work.

In September our school was taken over by an academy and all temporary contracts were terminated.

In February, I had my appraisal and I was deemed inadequate. As such I was placed on a six week training programme that met the HLTA standards. I asked my head 4 times to offer examples of where my short-fallings were, so I could improve. I was told only to look at the standards, no actual work or evidence was produced. I have spoken all the teaching staff and no one has spoken badly of my teaching.

I undertook the six week training, visiting other schools, speaking to staff from other schools about marking and assessing work, they indicated that my work is good. No other HLTA I met planned lessons except phonics lessons.

For week six, I had to plan and deliver a lesson to a class of year 2’s. Before I went for feedback, I realised that there were a couple of areas I had missed, which the head agreed. I was told that the lesson failed to extend learning and as such was insufficient.

The next day I had to take in evidence of planned work, recording of evidence and marking. On the following Monday I was told it was insufficient and I was now being placed in capability proceedings which would start with a meeting the following week. I asked the head if she could give me her opinion or examples on the work and marking I had submitted, she just said no!

The next day I went to the doctor and have gone off sick, and have been for 4 weeks. I am about to undertake treatment with the local mental health department for stress and depression. In the past few days I have been receiving texts and letters from the academies HR department saying they want to meet to discuss my return. Last year I was severely ill for 7+ weeks and HR never got in touch once (but at this point we were still under local authority control)

I and my colleagues at school all feel that this is just a way of cost cutting, without having to pay redundancy. If I go back, I go into capability proceedings and my work record gets a black mark , which clearly I don’t want.

I have never been in a union in the 26 years I have worked with children. I have spoken to the local CAB, who said I should talk to the school, but not to agree to anything, yet. And talk to a legal team.

I’m really not sure how to proceed. Can they force me in to meeting with them? Go back to work? Is what they’re doing harassment? Does my sanity or my teaching reputation count for anything?

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  • Hi Carl

    Distressing for you.

    Generally, the school management is entitled to subject you to formal capability proceedings but only fairly, and from what you say that hasn't been the case.

    Would suggest that you ask them for a copy of the capability procedures they are relying upon and that you ask them in writing to evidence in writing exactly how and according to whom you are not meeting required standards and exactly what support is going to be made available for you to begin to do so and exactly how this will be evaluated.

    Much depends on the procedures they are using, but it's highly likely there is an informal stage before it ever gets to formal capability hearings and warnings. So ask them to explain to you at what stage in the process you are now.

    Ask them to put everything in writing and don't accept anything they say to you orally unless it is confirmed in writing.

    If you can get a work colleague to act as your companion in your meetings on this matter, so much the better.

    If they refuse to do as you ask then you may need to raise a formal grievance about it all, but keep us posted here.
  • In reply to David:

    Thank yo so much for your reply, truly appreciate it.
    Since posting I have received another letter from HR stating I have refused to go to two meetings to discuss my return to work, so another has been scheduled for after the half term holidays, which they state if I fail to attend could result in suspended pay. Also to discuss alternative options if I feel I am not able to return to work.
    I have never dealt with anything like this before, are these standard messages from HR or do they seem a bit aggressive?
    Can they stop pay? Must I attend?
    I'm contacting the school tomorrow to get a copy of the capability procedures, illness policy and copy of the contract (these had to be returned when the local authority ceased control and the academy took over, not got them back yet)
  • In reply to David:

    PS Carl,

    With the benefit of hindsight, you probably would have been far better protected / less vulnerable had you been a union member. In my experience, Citizens Advice ( unless your local branch has access to specially trained employment law advocates or advisers ) aren’t usually able to help much in situations like this, and neither too are ACAS.

    Understandably, joining the union now won’t bring with it much if any help from them about a problem that arose before you became a member, but in the longer term, when / if this present matter is resolved, it may be worth considering for your future protection and peace of mind.

    Anyone advising your school management would probably be warning them that your mental health problems *may* amount to a disability under the 2010 Equality Act, and therefore they must be very careful not to directly or indirectly discriminate against you on account of that, and to make all ‘reasonable adjustments’ to allow for it. This doesn’t give you any immunity from capability proceedings in themselves , but the school must be very aware that if they pursue them in unfair or insensitive ways they run the risk of failing to make reasonable adjustments.

    All that’s not to say for sure that yours would count as a disability in this case, but it might, and the school might be well advised to err on the side of caution and assume that it did.

    - just something possibly to bear in mind.
  • In reply to David:

    Hi Carl

    Somehow I missed seeing your reply above, but unless there is specific provision to suspend contractual sick pay unless you attend meetings they summon you to whilst signed off, no they can't suspend your sick pay if you are putting in the usual fit notes.

    However, you'd be well advised not simply to ignore their requests to discuss - if you can't go in, eg offer to discuss by phone and as recommended before try to generate some written evidence about all that's happened.