Forced to quit.

[Berryzzz]

Looking for some advise, I informed my employer that I have fibromyalgia in March, I had an occupational health meeting on Monday, the school I work at was informed of the outcome that evening, one of the main pieces of advice was that I shouldn't work with children with sen children that could physically hurt me. Something that I have been very mindfull of for a long time, one reason I am a class TA and not one to one. Yesterday my employer told me that in September I will have to work in the specialist SEND unit. I told him that my health won't allow me to do that, he just shrugged his shoulders, he then said that I have a discussion to make then. I am being forced to quit!! Anyone else had this happen to them?

[Purple_Badgers]

That’s shocking! Definitely trying to get rid of you by forcing you to do the deed instead of firing you. To be aware of your illness, then to be made aware that you shouldn’t be working with SEN children, only to suddenly insist that your job will now be in the SEN Department??

I think you need professional Employment Law advice, and quickly! The phrase “constructive dismissal” comes to mind, as they appear to altering your job without your consent to a role which you cannot agree to perform due to known health concerns.

What does your contract say about your specific role? Do you have a more sympathetic member of management who can advocate for you in a meeting? If it were me, I would quit then sue them, as who wants to work somewhere that you’re not welcome? But I don’t want to seem flippant about losing your income and giving yourself the task of finding another job. It’s potentially a huge stres either way. I feel awful for you. X

[Berryzzz in reply to Purple_Badgers]

Thank you for your reply. This all feels so lonely as fibromyalgia usually does, I really appreciate your empathy. I do need to check my contract, I can be asked to move to another part of the school but that doesn't mean they can just ignore a person's change in circumstances, surly!?!I have spoken to my union rep and am waiting for further information.

I wish I could quit and take them to court, I am now looking to leave as being there is so uncomfortable. But I won't leave without a fight!!!

[SpikeDinosaur]

Hi Berryzzz,

My advice would be to send the copy of the OH report to your manager and ask for them to confirm in writing what reasonable adjustments they will be making in response. And ask how that will be taken forward next term as well.

From what you say, your current role isn't working with children with SEN - or at least not all the time. So it's at least possible for that part of your job to continue.

Sometimes people say things they aren't prepared to write down. Once you have their response then you can consider your next step. It will also mean they will have to consider formally the role they are asking you to do.

Good luck

[Berryzzz in reply to SpikeDinosaur]

Thank you for the advise, you are right I am going to ask for them to put things in writing before I take my next step. I don't work with SEN children all the time, But I am able to do my main job, it can be difficult bit I have managed and done well for years, I can carry on being a TA no problem, I need a few minor changes to help my pain but nothing major. But being forced into a role when I am at risk of more pain and stress is exactly what my OH reports says I can not do and then my manager has told me that is the only job available for next year.

Feel like I am being bullied out.

[Maud-ie]

I too was an SEN TA and post occupational health the Head of the school made life so unpleasant for me the stress made me resign. She won but I knew my card was marked for out as every day it was obvious.

[Berryzzz in reply to Maud-ie]

I am so sorry to hear what happened to you, being forced out must have been heartbreaking, I am trying not to quit but working in a place where I am treated poorly just because I have a condition that I didn't ask for is disgusting. Hope you are somewhere now you are appreciated.

[Maud-ie in reply to Berryzzz]

Thanks. Have you contacted your Union? I did find them quite helpful. Please don't resign - keep fighting your corner with whatever energy you have. Don't make life too easy for them!

[Midori in reply to Berryzzz]

Don't resign, You are protected by the Equal Opportunities Act 2010 . If you have a Union, Join, quickly! Talk to ACAS, about it all. If you have been seen by OH, take the report to HR and ask about Medical retirement.

There are hoops employers need to jump through to get you dismissed, so they will try to make stuff as unpleasant as possible for you in hopes you will resign, but that will get you locked out of unemployment benefits for some time.

Cheers, Midori

[Cockerspaniels2]

it is a very challenging situation you are in and one I found myself in 10 years ago within education. What they told me was that there were no other positions within the school that I could work and they had made all the adjustments they could do, however they needed TA’s that could me moved around the school at a minutes notice and they would have to work within a classroom where they may well be SEN children.

You could ask to be retired due to health reasons but you would need lots of medical information to back this up. If they agreed to retire you through ill health then there were three levels which you would have to fall into, you would then have to be re assessed every three years I think and again would need to have lots of medical documentation to back this up.

Depending on what your school are like they would make it very difficult and I would think very carefully about going down this route.

I chose to leave on my own accord and then I applied for a deferred pension from the school, again this depends upon whether or not you are in the school pension. Also a lot may have changed as it was 10 years ago this happened to me. Hope this helps in some way. 😊

[Lovecavatese]

hi Berryzz, I am an ex science teacher who worked with year 7 and above. I’m not at all surprised to read what the school is expecting of you. Unfortunately, school staff are used to managing individuals. Lack of funding, ofsted visits etc make for a hostile working relationship with management. It’s a sign of our times. I can empathise, I was one of the thousand’s neglected and left behind. Management are also treated similarly if they cannot manage a 75 hour week without breaking a sweat. Hence the reason for teacher shortages. Please try not to take their behaviour personally, it’s not. Take care , hugs to you

[-JW-]

Sorry to hear your situation. I am a primary teacher and, in my experience, I do see the whole role of an LSA changing...we really don't have classroom LSAs now as we have so many more chn who require SEN support so nearly all our LSAs are becoming 1:1s, that's just the way the job is going I'm afraid! Doesn't help you I know, I'm sorry, but with less and less people wanting to do the role and more and more chn needing support, it's fairly unavoidable. Not saying you should be moved across to the unit though, that def sounds like an aggressive move on the part of your management.

[R-OD]

Hi

I am sorry that your employer doesn’t seem to have discussed this with you in a sensitive way. But unfortunately this is probably a step too far for any school regarding a reasonable adjustment. Teaching assistants and SEN often go hand in hand. With the EHCP taking so long and the school waiting for the funding for 1:1 it falls to the school to bridge the gap with their teaching assistants. Having been involved with this process fairly recently the Education Psychologist clearly stated that every school have funded assistants who can provide the intervention required for many children who have SEN. So it’s hard for the school as they have to juggle their resources. You should definitely take advice from your Union and keep evidence of any interactions you have with the school. Did anyone witness how you were told of your move to the SEN unit and the shrugging shoulders? If so get this in an email trail. Are any of your colleagues only working with non SEN children? If so you may have a chance. Either way good luck with it !

[Fedupandtiredout]

I agree: get it in writing, use your union - the school have to make reasonable adjustments, and if they have and you still can't do the job, then this can become evidence for an ill health retirement. This happened to me ten years ago (not as a result of fibromyalgia, as I hadn't had that diagnosis). I was Head of English and union rep. The school couldn't afford the time it would take to go through yet more reasonable adjustments, as they were on 'requires improvement' fast track plan. They were very supportive of my ill health retirement application as a result. Got me out faster, with a pension.

[Woodwalker]

Hi I would also recommend a call to ACAS who have all the information you would need on what your rights are and can also be a mediation service should you require that assistance. Also if you do leave or get pushed out, they can make sure you get the best agreed reference going forwards

[Jeanie4848]

hi there

Please go to your union ASAP

The school have a legal duty of care towards you and should legally be putting all reasonable adjustments in place in order for you to still keep working.

I would say you qualify as being disabled within the workplace and it probably states that on your OH report.

I was in a very similar situation and through the union and using my numerous OH reports I was placed into a different class/ department within the school and major adjustments were made for me .

Unfortunately I was still unable to carry on and finished work due to ill health with access to my pension at 52 .

Is this something you could look at do you have enough years in your pension ?

P,easedonot be forced out

[Berryzzz in reply to Jeanie4848]

Thank-you for the advice, I did contact my union and managed to arrange a meeting with him and work via video link on Tuesday, then yesterday my manager talked to me about where I will be placed in the school next year. She has doen a complete turn around and is now not forcing me to take a role in the school that will cause more pain and stress, so I no longer need to leave. I am really relieved that I am not being given that ultimatum. The fear of being out of work was the main worry but being thrown away because of a condition that none of us asked for was so demoralizing. We will have to wait and see of they honor the recommendations from OH but for now I can breath a little better.

Thank you for the advice xx

[Jeanie4848]

Fantastic, I’m so pleased for you .

[Debsdelight72]

Grrrrrrrrrrr, This is exactly the thing that really makes my blood boil,

The way this person is speaking to you is absolute 💩 He wants you to just quit so they don't have any dirty little strings to tidy up,

Bunch of bullying bar stewards,

Try to be strong ( I know it's hard and upsetting) Your OH has set out what you will be able to do, So if this manager is not helping you to stay in work with minor changes then he is in the wrong! You didn't ask for this illness, you have the right to do your job in a safe manner and he has a duty of care to make sure you can,

You may have to speak to whoever is higher than him to get some real answers?

Before Bus driver I had a few other little jobs in my time and have never been let go of any job, My friend was a office manager and got me an interview for a store person,taking stock in and sending out blah blah

I noticed when on a break and waiting for the kettle, A dirty little man (Bosses son-in-law) would go behind her and act like he was having sex from behind ( say no more) He did it all the time apparently,

So I was cleaning some parts for a machine in the main room and he was laughing and telling me it's just some fun as he came behind me, At once I told him not to do that again,

This went on for some time over the next couple of months, I was on a 3mth trial, I said to him don't push your luck and how he would like me to grab his balls,

So same situation in the main room and in he trots so he did it again and this time, so did I,

I got my parts and went back to my work station, while his two mates helped him outside for some "fresh air" A couple of weeks down the line and I was excited to be moving up and a pay rise after my trial, It was mentioned more than once i should go straight through

I was "let go" apparently I needed help when the delivery truck pulled up every day!!!!

Yeah right!! Feeble and very upset

[Cotswolds25121]

shocking disgusting behaviour from that self absorbed person 😡please as hard as this is for you please don’t let him get away with treating you so appallingly! He is self righteous uneducated in his role as he obviously has no idea of the correct procedures in law and to be frank how people should be treated in the workplace 😡I hope you are able to see him eat his words and that is me being extremely polite!! Take care xx