DISCRIMINATION AT SCHOOL

[slayer]

I think the school will get her to apologise even though I don't want an apology - the damage has been done! Also, I don't think anything they will do anything about it because she will deny it and say she was looking out for me. In the past, I have enquired about reducing my hours when my health was not great, but my request was not granted. I feel like no one else will speak out against her either. HR suggested mediation between the two of us, the thought of which makes me mad because it won't change her views!!!

 

[bangkokdiabetic]

Hi Slayer. I recently retired from teaching and had spent 18 years as a union rep. During this time I supported other members of staff some of whom had found themselves in similar situations. There were usually several possible courses of action, the first being an (informal) meeting with your head of department in front of HR/Head. If this does not get her to back off, starting a formal grievance is your next option. You need to be clear as to what you want the outcome from this to be before you begin. The next stage is joining a union and seeking the support of the regional rep. However, as you are not currently a union member, you might find that your case is not a high priority. However, you may discover that other complaints about the same person have been made.
Will she back off and behave more reasonably if you begin to defend yourself? If you feel that this is not a fight that you are going to get any satisfaction from then seeking another job in either another school or out of teaching should be considered. Your physical health and sanity are also really important and teachers have to both in abundance to survive in the current climate. Good luck with any course of action that you decide to take. Remember, the school employed you knowing that you were diabetic. They must have recognised your skills and expertise![/QUOTE

Just to add a comment Unions are not just there to Support you they do Have full Time Officers who are employed by the union not and can represent you They also have Legal Depts and will be able to represent you in court or at acas not just at your school
and if you do get another job can also take case of[ Constructive dismissal after you leave Employment Law is a Minefield and you need Specialist advice Join a union your academy does not have to know until you are ready but you will get access to good advice based on experience talk to a Teachers Union /QUOTE]

 

[Scott-C]

HR suggested mediation between the two of us, the thought of which makes me mad because it won't change her views!!!

You might be surprised!

Litigation in court or tribunals can lead to each side adopting very entrenched positions at huge cost to all involved, with neither side very happy with the outcome, whereas a good mediator can be very effective at taking the heat out of the situation, getting each side to see the other's point of view.

I'm in a different field now, but in my last job, I used to do a lot of family law litigation; some of those were very hostile situations. It sometimes took a lot of ear-bending to persuade a client to consider mediation, but it was remarkable how often a warring couple would come back a few weeks later after a few mediation sessions saying they'd got it sorted because they'd ended up seeing the other's point of view.

Don't write off mediation.

 

[DCUKMod]

@slayer - I have been in your shoes, although different topics and circumstances. It flippin' hurts so much at the time, and for some time afterwards.

Please don't do anything rash. Give this a little while to see how it plays out.

In all likelihood, the lady concerned will deny the conversation(, but of course you and she know it happened). Please document what transpired, because in a highly emotionally charged period our memories can start to fail us, over time and you may need cumulative evidence if this moves forward into something formal.

Moving forward document dates and times of anything that happens.

I must admit that I decided very early on in the process that I would not resign, unless I had been offered a contingency agreement, with a compensatory payment sufficient that I wouldn't have to work any longer.

Just to comment on the opportunity you initially discussed with her. I'd apply for it, because now that your position is clear, HR will ensure the recruitment process is followed to the letter and is fair - just in case this were to go any further.

In large organisations, and I imagine teaching will be similar, interviews run from exactly the same set of questions for every candidate, with answers recorded, then scored and those scores are compared during the decision making process. Each member of the interview panel will be doing that scoring.

I would go for it because you are cast-iron to be given an interview, and if you did end up moving on the interview experience would be good to have under your belt; especially if you've been in post for a while.

It's a rubbish time for you, but as I say, don't do anything too rash. Good luck with it all.

 

[Bertyboy]

They won't sack her. Last time I was off having a miscarriage, she was on the phone to me for forty minutes asking me all the details and telling me they would struggle to cope in terms of covering my classes, if I didn't return to work the following week which left me stressed out and suffering from anxiety!

All mobile phones have audio recording capabilities. Use it. Make sure it is turned on for ALL conversations you have with the head of department. Have it turned on and ask to formally apply for the internal position. You do not need to tell her unless you are communicating over the phone. This way, you have all the backup you need in case you are being discriminated against either because of disability or gender.

 

[tim2000s]

In addition to every other fault - revealing personal details about other members of staff is not at all professional - assuming that it was not just made up about other members of staff not trying for a baby at the moment.

It's against the law. That's why the data protection act exists, and with personal data, that's considered particularly nefarious.

All mobile phones have audio recording capabilities. Use it. Make sure it is turned on for ALL conversations you have with the head of department. Have it turned on and ask to formally apply for the internal position. You do not need to tell her unless you are communicating over the phone. This way, you have all the backup you need in case you are being discriminated against either because of disability or gender.

Which is great, but unless you disclose that a conversation is being recorded, it is inadmissible as evidence. You can capture the conversation and then use it as an aide memoire to ensure you have an accurate written "recall", but without disclosing on the recording that the other party is being recorded, anything recorded up to that disclosure is inadmissible.

 

[Phoenix55]

As an ex teacher and ex association rep and although I have been out of teaching for some years I would recommend the following to someone with problems such as yours.
1) All teachers should be members of one of the teacher associations, there are enough to choose from in the UK. You do not have to disclose your membership to your employer unless you want to do so, and most will assume that you are a member. Believe me, if push comes to shove you will suddenly find that your Head of Dept is a member of a union.
2) Note down time, place and any witnesses to conversations that you have with this person, with a quotation of exact words if you remember them, but be very clear about the difference between 'exact words' and 'words to the effect'.
3) It is perfectly legitimate to have time off for stress, speak to your GP and they may sign you off for a while. If you get a call from your employer while you are off, say that it is not convenient to speak at the time, then give a time that they may call back when you will have a witness to the conversation in the house with you.
4) It is hard to move from a teaching post mid year but do look around and start applying for other posts. The experience of applying will be good for you, (you will be doing something to help yourself); it will serve as a reminder to the senior management that they may have to do without you and word gets round that a good member of staff is looking for a fresh post. Be clear about why you are leaving, to gain experience/ to broaden experience/to take on more responsibility; the interviewer will probably already be aware that there is a 'clash of personalities' so be prepared to be questioned about how you would deal with this.
Best wishes and take care of yourself.

 

[DCUKMod]

@slayer - I would sort of echo what @Phoenix55 says about moving jobs. That really is something to consider. When I was having my horror period, one of the things the lawyer said to me, off-record was to remember that business is a small village. It's astonishing who knows whom; particularly at a "certain level".

Some things somehow just get known. People talk over a glass of wine or whatever, with their friends who work elsewhere and before you know it, the gossip has gone around.

You're in a horrid situation, but you will learn from it and end up a more savvy, and likely stronger individual as a result.

 

[Dr Snoddy]

As an ex teacher and ex association rep and although I have been out of teaching for some years I would recommend the following to someone with problems such as yours.
1) All teachers should be members of one of the teacher associations, there are enough to choose from in the UK. You do not have to disclose your membership to your employer unless you want to do so, and most will assume that you are a member. Believe me, if push comes to shove you will suddenly find that your Head of Dept is a member of a union.
2) Note down time, place and any witnesses to conversations that you have with this person, with a quotation of exact words if you remember them, but be very clear about the difference between 'exact words' and 'words to the effect'.
3) It is perfectly legitimate to have time off for stress, speak to your GP and they may sign you off for a while. If you get a call from your employer while you are off, say that it is not convenient to speak at the time, then give a time that they may call back when you will have a witness to the conversation in the house with you.
4) It is hard to move from a teaching post mid year but do look around and start applying for other posts. The experience of applying will be good for you, (you will be doing something to help yourself); it will serve as a reminder to the senior management that they may have to do without you and word gets round that a good member of staff is looking for a fresh post. Be clear about why you are leaving, to gain experience/ to broaden experience/to take on more responsibility; the interviewer will probably already be aware that there is a 'clash of personalities' so be prepared to be questioned about how you would deal with this.
Best wishes and take care of yourself.

Hi Dr Snoddy again. I have been thinking about your original post a lot and I could not agree with Phoenix more. By joining a union you are becoming part of a much bigger support group and discussion. You also have back-up if ever required. Personally I would never set foot in a school without being a union member!

 

[Bertyboy]

It's against the law. That's why the data protection act exists, and with personal data, that's considered particularly nefarious.


Which is great, but unless you disclose that a conversation is being recorded, it is inadmissible as evidence. You can capture the conversation and then use it as an aide memoire to ensure you have an accurate written "recall", but without disclosing on the recording that the other party is being recorded, anything recorded up to that disclosure is inadmissible.

Not entirely correct. Covert recordings may be used, with application, at an employment tribunal. You just have to give good reason as to why it should be admissible (e.g. it shows that what is being said in the tribunal is contradictory to the facts). Employers may also use covert recordings in cases against employees:

http://www.mils.co.uk/component/con...-covert-recordings-in-the-employment-tribunal

 

[slayer]

Thank you so much for your replies. I am back at work on Monday after half term and to be honest, I am dreading it. This incident has really shattered my confidence and made me lose a lot of trust in my employer. From now on, I will not be disclosing the reason/s for my time off work whether that is due to a pregnancy, miscarriage or diabetes related. I will let HR know, but not my boss. I have also decided that during the mediation session or meeting with my boss I will make my thoughts and feelings clear about being discriminated against. In addition, I will let her know that in future if I apply for a position I do not want my health or pregnancy status to be held against me. I have worked so hard this year and now I literally feel like putting in the bare minimum effort - I know I didn't go into teaching for this! Part of me also wants to leave the profession. At the school I work at we are having meetings every other day. I have to mark over 200 assessments for my classes every half term and stay behind for over an hour to provide Year 11 with intervention. This is on top of the extra responsibilities placed upon us by our head of department.

 

[Daisy_Daisy]

Hiya Guys,

I teach at a secondary school and my head of department has tried to hide a job opportunity from me. When I enquired about the job in question, she said it wouldn't be right for me because of my diabetes. She said diabetes is an autoimmune condition and when you don't want to get ill, you get ill!

In addition, she told me that I might fall pregnant - she knows I have had a couple of miscarriages and that's the reason she assumes we are trying for a baby. When I pointed out that other people in the department might also fall pregnant, she told me they aren't actively trying!

I told her we might as well be living a hundred years ago when women didn't have the right to vote!

I feel really upset and I don't usually feel downhearted about my diabetes, but today I can't seem to shake it off. I spoke to HR who are speaking to her and I really feel like leaving. I don't know what to do

Ask the Head if they have medical expertise? she is wrong and this needs to be addressed..

 

[Daisy_Daisy]

Hello!

Ask the Head if they have any medical expertise or knowlege of your condition. suggest she is wrong to advise you, this needs to be addressed professionally, she is discriminating against you..
Take it further, put it in writing to her and the Head of School, giving CC names on the letter.

No need to add too much detail, for them to use against you! chin up, dont let them wear you down, be professional, take advice.

Employment Tribunal as a last resort, BUT do gather information before you act. don't let it go...

Best of Luck.

 

[Juicyj]

@Daisy_Daisy You are responding to a thread which is 39 weeks old so this advice may well be a little out of date now.

 

[WJP1055]

Slayer, having read your posts you sound really fed up with life at the academy? I would resign immediately and start to feel good about yourself. My T1 daughter was in a similar position - dreadfully unhappy. I didn't want her to resign but, she choose to and, hey presto my old daughter returned, happy and cheery. A month later she was in a new job which she really enjoys. You're a teacher, I'm sure you will find another job out there. Life should be fun!

 

[slayer]

Slayer, having read your posts you sound really fed up with life at the academy? I would resign immediately and start to feel good about yourself. My T1 daughter was in a similar position - dreadfully unhappy. I didn't want her to resign but, she choose to and, hey presto my old daughter returned, happy and cheery. A month later she was in a new job which she really enjoys. You're a teacher, I'm sure you will find another job out there. Life should be fun!

like your daughter, I ended up resigning and the school I am at now is completely different. I am so much happier and feel at peace with life.

There is a student who I teach who is only twelve and she is diabetic, I have been helping her deal with her diabetes.

You are right, life needs to be fun and if you are in a job where you are unhappy, you should leave regardless of fear of the unknown because no one deserves to be made to feel so dismal and depressed. Diabetic or non diabetic.