Dismissed after ten years for first minor offence

[Teacher Annie]

Hi,

I worked at a famous boarding school for ten years without a blemish on my record. Last year a new deputy head started picking on me and the head supported him, even intimating that I had abused a child. I was so distressed about the constant battering about my competency that I finally broke down and took six weeks off because of stress. On my return they refused to allow me to teach my classes humiliating me in front of the students, telling the students I was not capable of teaching them. Some of the students accompanied by their paying parents insisted I be allowed to resume teaching their children; which was allowed. The group got 1xA*, 4xA, 4xB, 3xC and 1xD (a U was expected and parents warned of this by the deputy head). In June I successfully got the school to hear my complaint about bullying and got an apology from the Head with a written confirmation that I was not accused of child abuse.

In September I returned to a timetable that had 1/3 more lessons and contact time than any other teacher. I asked why and was told that was what the Head wanted. On Fridays I was made to work from 8am until 9pm without a break - I was advised to bring sandwiches by a senior manager. On September 22nd I was called into the Head's office and told there had been complaints about my teaching and a number of other things. I was advised to speak to the students to try and resolve issues brought about by the group that had been told I was useless the previous year. After an hour and a half of being harangued I had to go and teach the same class, without time for lunch or even a drink. I was upset. I laid out the causes for concern, asked what they wanted me to do about them, and started to teach. I admit I was upset, but I know I did or said nothing that was in any way bad. A student complained, I was suspended, investigated for gross misconduct and summarily dismissed last week.

I am appealing. What do you think I should take to the hearing?

Should I take documentary evidence that proves bullying over the year that may have contributed to my acting out of character during that one lesson?

Should I get letters of support from past students?

The union were useless and said that because the school had carried out the investigation and procedures according to ACAS guidelines there was nothing I could do.

I don't care if I never set foot in that school again, but I want to continue teaching and can't with dismissed on my CV.

Help.

Sorry for the long thread.

Edited January 28, 2011 by Teacher Annie
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[phoenix11]

This is really dreadful treatment and I find it truly awful that you've been put through this.

 

Something doesn't sound right and I would not take the union reps response as final at all.

 

You have nothing to lose by going to ACAS and even seeing if there is a solicitor who can help you with this.

[Teacher Annie]

Thank's for your kind words. Every one I have spoken to thinks this is appalling, but somehow they seem to be able to get away with it.

By the way they are A level results I have given.

Appeal and onwards I suppose.

The union is rubbish and failed to submit all sorts of evidence in my defence.

[phoenix11]

Annie - this may be not just one for ACAS but also one for a solicitor who specialises in these matters.

 

It's not just the dismissal as you say, it's the way they've blackened your character in order to achieve the dismissal.

 

If you can, also try and find people who will give you moral support as it's not just about being dismissed.

 

I hope you can get the right help and a satisfactory resolution.

[rebel11]

Thread moved.

[SarEl]

I am a bit confused by something in your post. You said that you know that you neither said nor did anything wrong. But later you said that the alleged bullying may have contributed to your acting out of character in that one lesson. Which is it - you did nothing, or you did something that was out of character? What were you dismissed for doing?

[Teacher Annie]

I was dismissed for:

Unprofessional behaviour by discussing a 'private conversation with the Head', even though he told me to go and discuss the points raised with the students.

I did not say anything during the lesson that could have caused offence, however I was upset and perhaps the student was unhappy about the way I discussed the points raised. The most ridiculous thing was the Head creating a massive fuss about the fact I give additional revision lessons in my own home during the holidays to A level students. All students are invited and some stay for the week because the they have nowhere else to go. This arrangement has operated for eight years with the permission of the head and parents/guardians. The student concerned said she had not been invited and felt left out, but as I pointed out the sessions are for A2 students not AS students as she was at the time.

[SarEl]

But there must have been witness statements or evidence of some sort against you? Specifically, what was the complaint made?

[Teacher Annie]

Witness statements were taken by the bursar who was designated investigating officer. She asked the class a series of questions about events leading up to the day of the complaint and what happened during the lesson. The questions asked and the answers given are quite different to those outlined in the dismissal outcome. The statements were taken after the students were put together in a classroom with the deputy head who bullied me, and told the same students I was a useless teacher. None of the statements were signed after being printed and none of the statements were read again by the students following the dictation of the statements to the bursar. The statements centred on my refusal to purchase out of date text books, prefering to keep students up to date with topical and accurate information and reference to websites. This was deemed my discussing the school's financial affairs with the students by the disciplinary committee. The rest of the statements concentrated on the students not wanting me to teach them because this year is so important for them and they "do not want her messing about", a reference to my taking time off work with stress. One student who was present on the day, was so distressed by the accusations against me he refused to give a statement and answer the questions, with his father complaining to the school.

The question of purchasing and issuing text books, which is what the focus of the complaint was originally was not given as a reason for dismissal, however my giving extra revision sessions was.

The dismissal letter states that decision was made solely about discussing with students a private conversation between myself and the headmaster, the state of the school finances, giving revision sessions.

[papasmurf1cx]

Hi Annie

 

I hope you are feeling less stressed. I think you are doing the right thing by appealing the judgement. You have to comply with these procedures in any event to ensure that you can access benefits in due course. Fighting for justice is a long hard road and you have to steel yourself to the task, which could take many months if not years in some cases. We know that unions don't like taking on bullying cases but sometimes it is only as bad as the rep you have. How did you get represented, is it someone from the union HQ or a local rep in the school? Perhaps you need to talk directly with someone that has more clout?

 

If you have not done so already, you need to sit down and write out a contemporaneous account of everything that has happened to you and what you did and said in response. Try and keep a diary of events from now on in and get any other evidence that you can eg letters documents.

 

You said "Last year a new deputy head started picking on me and the head supported him" This is very common, a new manager comes in and starts to change things. What struck me was that this was done with the Head's approval, so actually what has happened is that the Head has discussed problems and instructed the Deputy to do what he did. So bearing in mind that you have been there 10 years what else has happened that may be relevant for the Head to consider you to be a problem in that 10 years? It could be anything including sickness, attitude, being disrespectful etc etc. Is there anything else?

[SarEl]

I have to admit that I am perplexed that this has gone so far on the basis of what you say. If you were supposed to resolve these matters with the students which the head raised with you, how were you supposed to do that without any reference to how you knew about their complaints? I could accept, very possibly, that discussing school fiinances with students may be wrong, but I can't see it as a dismissable offence unless you went overboard - if all you said was that you didn't think it was sensible to rely on out of date text books and you wanted to use more recent material - how is that discussing school finances?

[papasmurf1cx]

SarEl... sounds like the school is in financial difficulties if they are resorting to out of date text books. I can see it as a very tricky subject to bring to the attention of paying clients as an exodus of pupils and their fees could result.

[Teacher Annie]

Thanks for the advice on gathering evidence. I have kept a log of all incidents, since the first episode of bullying and nit picking. I have a dossier of emails and letters etc which when read are quite alarming and demonstrate a consistant drip, drip of picking on me. The official letters from the Head in reply to questions I have asked him are so inconsistant they are laughable. During an OFSTED inspection my department and my teaching was graded as outstanding, a fact acknowledged by the Head in a letter to me dated 9th December 2009 and accompanied by the ofsted report which singled out only 4 departments, mine being one of them. We broke up for Christmas the following day. On our return on Jan 5th 2010 I was told I was to be investigated, observed and students questioned about me because of my poor teaching. I have the respect of my fellow colleagues not only for my teaching, commented upon by their tutees, but also for the dedication and hard work I have put into the school. One of the senior managers has written me a reference that is fantastic and reflects my contributions to the school. So have I done something to put the head's back up. Yes! Disrespectful of the head never, of the deputy head? perhaps. When someone tells me I should be showing them more respect because of their title it brings out the worst in me. But I hasten add only in private!

[Teacher Annie]

Because of the rapidly changing economic climate and a change in syllabus there are no up to date text books available for this course. The latest edition of the text book I have been using for years refers to the Celtic Tiger economy of Ireland. China as an emerging economy and India as an economy that lies in the shadows. I told the students that I was waiting for the release of ebooks which are automatically updated.

[papasmurf1cx]

" So have I done something to put the head's back up. Yes! Disrespectful of the head never, of the deputy head? perhaps."

 

So I am guessing you have been a thorn in the Head's side for many years? And now they are pulling all the stops out to get rid of you. There must be a procedure to complain about this to the school's board. The Head is only there because he / she has been appointed. This may be an up hill struggle but have you considered a grievance about the Head to the Board?

[Teacher Annie]

You tell me!!

[papasmurf1cx]

Normally there are Policies that are in place to cover these situations. Each company is different it may be in a handbook / manual. In any event it should be grieved about especially if you have so much evidence.

[Teacher Annie]

This is what started the whole thing. I complained to the Chair of Governors about the deputy head's bullying and the head's complicity. They were made to write a letter of apology. The Head has only been in situ 2 years and his deputy 18 months.

The Chair of Governors is putting together 3 Governors to hear my appeal. He and I have always had an excellent working relationship and he has seen me teach on many occassions, but I suppose they will have to support the head they appointed. I taught the children of two more governors who got higher than expected grades at A level under my tutilage, enabling them to go on to Oxford and Med school.

I don't know whether to go to the appeal on my own or take a friend who is a past parent and barrister. I won't take the union rep as he threatened the governor outside the room at our last meeting . I don't want to antagonise them at all.

[Teacher Annie]

"Normally there are Policies that are in place to cover these situations. Each company is different it may be in a handbook / manual. In any event it should be grieved about especially if you have so much evidence."

 

You're right. They wrote it after I complained about bullying.

Edited January 29, 2011 by Teacher Annie
To add quote from qestion

[papasmurf1cx]

Take a friend. These occasions are always stressful and it is better to have an independent person there. If they are legally trained all the better. I know this has not been raised before so may not be relevant but these problems normally have some sort of start point / event can you identify any one event. Is there any possibility of discrimination eg sex discrimination being an issue?

[Teacher Annie]

I know this has not been raised before so may not be relevant but these problems normally have some sort of start point / event can you identify any one event. Is there any possibility of discrimination eg sex discrimination being an issue?

 

Unfortunately the Head is very weak and has annoyed the teaching staff by not answering questions. In fact when asked a question he gives the reply he thinks you want to hear and then says something totally different to his deputy. The more senior members of staff and I was one of them pointed out these annomolies in emails. The second master at at the school for over 20 years has been forced to resign to preserve his reference and is now working in Australia. Five other heads of Department are urgently seeking new jobs and not one of them knows of my situation. They have been lead to believe I am off sick!!

On the point of discrimination the fact that I was summarily dismissed for one incident that still is a mystery to me, I can give three instances of men being allowed to resign with references for far more serious incidents (including subsequent jailing), when I have been dismissed without the option. However I do know the ruling on dismissal for gross misconduct where precedence accounts for little.

[Teacher Annie]

I have to admit that I am perplexed that this has gone so far on the basis of what you say. If you were supposed to resolve these matters with the students which the head raised with you, how were you supposed to do that without any reference to how you knew about their complaints? I could accept, very possibly, that discussing school fiinances with students may be wrong, but I can't see it as a dismissable offence unless you went overboard - if all you said was that you didn't think it was sensible to rely on out of date text books and you wanted to use more recent material - how is that discussing school finances?

 

You tell me! I certainly didn't go overboard. In fact I asked the students if they would like me to purchase available text books on their behalf, but gave them a warning about the fact they would be out of date.

[papasmurf1cx]

I am not legally trained Annie but it strikes me that if during the tenure of this Head 3 male colleagues have been allowed to resign and you have been sacked for something less serious then Sex Discrimination may be on the table. Have a look at the Equality Act 2010 http://www.legislation.gov.uk/ukpga/2010/15/part/2/chapter/2

 

Private Schools (and I am sure you are aware of this) fear publicity more than anything. A huge turn over of staff is a dead giveaway that it has problems. Take legal advice but raising the spectre of Sex Discrimination may be something that will work, even if it does not end up in a Tribunal as such raising it as a grievance so it is considered could open up a charge of Victimisation especially if the Appeal upholds your dismissal.

[SarEl]

Take a friend. These occasions are always stressful and it is better to have an independent person there. If they are legally trained all the better. I know this has not been raised before so may not be relevant but these problems normally have some sort of start point / event can you identify any one event. Is there any possibility of discrimination eg sex discrimination being an issue?

 

If it is allowed - the law does not permit this, and they can refuse.

[batfink99]

Sounds like another bad union who just want your money. I had similar with UNISON in a school please do not join them. It is an easy case to win if they do not follow the rules from ACAS anything else there legal team are not interested too much work for no reward for them. Have you noticed that most of the unions all use the same legal team Thompsons.

 

What you are describing does come under Gross Misconduct only Misconduct which should be a written warning. I would go to ACAS and get a deal compromise agreement. You should have been provided with paperwork which states what gross misconduct is in the school with examples. Violence, racial abuse, theft etc

 

Fight them all the way and please no one join unions that will hurt them and then maybe they will look after their members.

Edited April 3, 2011 by batfink99
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