Here we go again- I had my OH appointment and school and I received the report and recommendations. Now my headteacher has emailed me to say that they cannot implement the advised adjustments; in particular they are not willing to let me teach my French lessons remotely eg by Zoom. Their solution is to get another teacher to teach the French and pay her instead of me! The report said that I was ‘fit to work with the adjustments advised’ so does this refusal mean that I am not fit to work?
I have contacted my union and am waiting for a phone call from them to discuss options. I am on the edge of asking my gp to sign me off with stress and anxiety as I cannot take much more of this!
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TeachKat
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Am pleased you are in union. They will be best to advise you. Seems head is unwilling to consider all options for you.
Why can’t you use zoom for french lessons. Should give you a reason. Is because you need to physically be there? Couldn’t a teaching assistant be in class and you use zoom??
Is not a nice situation to be in but union can help.
Seriously! It’s terrible! I don’t know anything about these things, but like Bevvy said, am glad you are in a union!!! It seems your head is not willing to make reasonable adjustments.
Ask the Head to put in writing the reasons for not applying the recommendations of the occupational health report together with the plan for you as an employee, including your future pay and employment.
I would also ask for written confirmation that the Head has consulted HR on the whole matter.
I suspect that they are unaware of their legal jeopardy by preventing you access to work on reasonable grounds ( discrimination). By asking for written explanations and who was consulted, the school may realise their need to consult with HR and revisit their decision. But it will provide you with the full facts, in writing, which will enable your union rep to support you in discussing the matter with the school.
No doubt your rep will suggest a grievance. This is just a written challenge, in which you state any failure on the employer's part to follow the law regarding discrimination and/or their own published staff handbook. It's a formal process but nothing to be afraid of. It puts everything on a fair basis that protects both sides and it certainly focuses the minds of those representing the employer.
At the end of the day, the Head has to justify their decision to deny you access to work and demonstrate that they have acted reasonably in light of the Equality Act and Health & Safety Regulations.
Thank you Poobah - you always give sensible and thorough advice! I have written to them along these lines, asking them to explain their decision not to allow Zoom teaching and pointing out that I am only unable to teach these lessons because they have not implemented OH’s recommendations. My gp has also written to school in support. On union advice, I have also put in writing that I do not agree to any reduction in pay!
My school (long-established independent) does always seem to feel that employment law does not apply to it!
I only want to do my job as safely as is reasonably possible! I’m feeling worn down by all this - I can’t understand why they won’t even give it a go!
Aww lovely ☹☹☹ basically everything I was going to suggest poobah has said already.
I completely understand about the unnecessary stress etc I went through discrimination a few years ago also did a grievance which escalated and I won.
If they're discriminating by not making reasonable adjustments and can't justify why it just strengthens your case.
Your union will guide and support you. I too got signed off with stress when your employer is like that it just makes it unbearable.
Anyway your GP has said its unsafe for you to work without the reasonable adjustments so until they do that or put in writing why they can't like others have said - ratio or insurance you will need to be paid or sick pay - again union will advice depending what's in contract etc.
I'm steroid sleep deprived still so hope I've made sense.. I'm sorry your going through this. Bug hug. 🙂💐
When I saw OH for MH reasons, I was declared unfit to work and recommended to come back for adjustments - I was also told that any adjustments would be recommendations and the school may say they can't follow them.
My school didn't refer me back and turned down all reasonable adjustments and told me that if I needed them, I wasn't fit for any school job (even the office). Unfortunately, this was verbal and not in writing.
Additionally, some of the reasonable adjustments I'd had with a previous head and were then taken away.
I got my union involved who essentially said that if they couldn't implement reasonable adjustments I should give them one more chance in writing and then ask for redeployment.
In short, make sure you get written confirmation of what your school are saying. Even if they seem nice in general, you can't rely on word being enough.
I have been signed off with stress and now I can’t go to school anyway during lockdown. Unfortunately school keeps pestering me with reproachful emails and asking why I don’t want to work! The latest is that they have suggested putting me on furlough until the end of lockdown- I don’t know what to do because the issues will still be there when lockdown ends. I was starting to feel a bit better but when I get the emails I feel physically sick and shaky.
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