is this a case of constructive dismissal

[clapton]

my employer accused me of a wrong doing 4 months ago. he claims it was a gros misconduct. he called me to a discaplinary meeting. where he said under terms of contract i could be dismissed right away but as he doesnt want to loose me ihe will be giving me one final written warning. i filed a grievance and he failed to meet with me according the procedure. he claimed he was very busy. he quted twice to me during the 4 months "if you dont like it then go". i resigned.

[Sidewinder]

If he accused you of gross misconduct four months ago, what action did he take?

When this took place did he hold a hearing, allow you to be accompanied, confirm what action he was taking in writing, offer you the right of appeal?

Constructive dismissal is notoriously difficult to prove without clear evidence of the employer breaching your contract in some way. Not following legally required procedures in the original disciplinary process may allow you to form a case for unfair dismissal, constructive dismissal or both. It would however be easier if you could provide more details.

[clapton]

to put the case clear. i am a teacher of a primary school and i asked the secreatry of the office for the next academic school calendar. she gave it to me and said it was only a draft version. another member of staff took it from my desk and made a copy and discussed the contents with other teachers. the head teacher heard there was a discussion about certain dates and asked the secretary if she had given it out.
he called me to a meeting (not mentioning at all that it was a disciplinary meeting) and gave me the final written warning. i said i done accept this as it is a false accusation against me.
i filed a greivance and asked for a meeting. letters went backwards and forward each time making note that the situation is untable and that i am accusing him of constructive dismisal.
last week of term he said that he has been very busy and would arrange the meeting during the 1st few days of the holiday.
he didnt call me. during the holiday whilst i was abroad i got a call. i said sorry but i am away and will be returning back 3 days priror to the new academic year.
he didnt call me. a day before start of term i sent in my resignation.
during this period he mentioned to me twice that "if i dont like the way he is handling i can go". i have a witness to this.
if you need more information pls ask!

many thanks

[Sidewinder]

Although the provisions of the Employment Act still hold for teachers, disciplinary procedures are complicated within education by the involvement of the Governing body and the LEA. Although minor disciplinary matters may be the responsibility of the Headteacher, it is my understanding that more serious matters have to involve the Chief Education Officer and Governors.

For certain, your initial meeting did not follow correct procedure if you were not formally advised in writing of the reason for the meeting and given the right to be accompanied. You should have been allowed to present your case and receive written confirmation of the warning with a right to appeal. The lack of any one or more of these would make it very difficult for the LEA to argue a case of unfair and constructive dismissal, even without the Headteacher's 'accept it or leave' statement.

As to the pecularities of employment by the LEA, it is my understanding that the Chief Education Officer should have been advised prior to any action taken by the Headteacher. There should also have been an investigation carried out before deciding whether disciplinary action was required and you should have been given details of that investigation. A right of appeal should have been given and this appeal should be heard by the Governing body.

I believe that each LEA has its own disciplinary procedure, which usually exceeds the legal requirements and from what you have said, it would appear that the Headteacher has not followed any guidelines whatsoever. Your formal grievance should have been heard within a specific timeframe (or by mutual agreement), irrespective of whether he was busy or not.

My experience is really not sufficient to advise beyond this, but I think that it is important that you should discuss this with your Union, or even phone ACAS for advice. There are time limits for bringing claims - usually three months from the date of dismissal or termination of contract, which may well make it difficult, assuming that you left in September.

I have to say that this sounds a pretty flimsy reason for disciplinary action to have been taken beyond a quiet chat about leaving documents lying around. What action was taken against the teacher who took it from your desk and circulated it I wonder?

[clapton]

[quote=Sidewinder;1287775] The lack of any one or more of these would make it very difficult for the LEA to argue a case of unfair and constructive dismissal, even without the Headteacher's 'accept it or leave' statement.


but i felt lost with no one on my side. head teacher doing what he wants and the governers of the school were informed with my 1st letter sent to them and no one asked me about it or try to settle it.
why do you think that there is no case of constuctive dismisal

[Lula]

Clapton, I believe that Sidewinder said that it would be hard for the LEA to argue against a claim for CD

[Sidewinder]

Originally Posted by Lula

Clapton, I believe that Sidewinder said that it would be hard for the LEA to argue against a claim for CD

Correct - thank you.

If procedure wasn't followed to the letter, the LEA would have no defense to a claim of unfair dismissal, or to an allegation that you felt compelled to consider your position at the school due to the Headteacher's actions. He cannot take action as he sees fit without adequate investigation and regard for your rights.

[patdavies]

Originally Posted by Sidewinder

Although the provisions of the Employment Act still hold for teachers, disciplinary procedures are complicated within education by the involvement of the Governing body and the LEA. Although minor disciplinary matters may be the responsibility of the Headteacher, it is my understanding that more serious matters have to involve the Chief Education Officer and Governors.

Minor matters are dealt with by HT. An HT cannot dismiss. Anything more serious, or an appeal, must be dealt with via escalation to a Governors' Disciplinary Panel. The only involvement of the LA (note LEAs no longer exist) is to provide HR advice to the HT (in the first instance) and to the Governors' Panel - where the school buys in HR support from the LA.

There is no longer any such post/person as Chief Education Officer. Since the Govenrment's changes in emphasis for children, there is a new role of Director of Children's Services - which combines Education and Social Services.

If the school is a VA or Foundation School, then the LA have no remit whatsoever - the GB are the employers.

I believe that each LEA has its own disciplinary procedure, which usually exceeds the legal requirements and from what you have said, it would appear that the Headteacher has not followed any guidelines whatsoever. Your formal grievance should have been heard within a specific timeframe (or by mutual agreement), irrespective of whether he was busy or not.

LA disciplinary procedure is, for the most part, irrelevant. What matters is the policy adopted by the Governing Body (which may be the LA procedure in entirety).

I have to say that this sounds a pretty flimsy reason for disciplinary action to have been taken beyond a quiet chat about leaving documents lying around. What action was taken against the teacher who took it from your desk and circulated it I wonder?

I'm afraid that I have doubts about the whole thing. The standard of English, grammar and punctuation in the OP's posts are not what I would expect from a teacher (possibly the OP is a TA?). Also, teachers tend to have very strong union representation. And I post as an experienced primary school governor

[Sidewinder]

Thanks for the input Pat. Your knowledge of the profession is far more up to date and relevant than mine. I haven't been involved for about 15 years which explains why I still think in terms of LEAs and Chief Education Officers

[clapton]

Originally Posted by patdavies

I'm afraid that I have doubts about the whole thing. The standard of English, grammar and punctuation in the OP's posts are not what I would expect from a teacher (possibly the OP is a TA?). Also, teachers tend to have very strong union representation. And I post as an experienced primary school governor

Sorry about my english. i am a teacher of french and therefore my english is not so great.