[CooperUK]

Some of you may remember that I've had a pretty rough year; my brother died and my dad spent over four months in hospital.

I suffered from stress during that time and spent 2 1/2 weeks off work, having been signed off by my doctor. My workplace have not fully supported me since returning.

I have been struggling with stress and depression, but am still working hard, as kids I teach need me to be there for them.

Yesterday I was reprimanded by a manager for not following a correct procedure. Following a chat with some colleagues today, it seems there is no procedure and they all do the same as I do (and have done so for years) without reprimand.

My union is now stepping in as my rep feels, as do I, that I am being harassed. I feel like I'm being 'managed out'.

Anyone been in similar circumstances? Suggestions please.

Went home yesterday feeling very bleak indeed

[Nick_UK]

'Constructive dismissal' is very hard to prove. If they are being that petty, you should be asking yourself if you really want to work for them.

[unique]

based on what i recall from before, it sounds like you should perhaps look at jumping ship and getting another job or moved to another school, as the management at your current school don't seem to be doing a very good job at managing or looking after your wellfare

of course thats easier said than done. my best friends wife is a teacher and she tells me stories of all sorts of crap that goes on in schools

you really never know what they are planning, they might not be trying to manage you out, it might simply be a case that they are just bad at managing and looking after staff, and you've perceived it in that way. maybe they are stressed and hassled themselves, causing them to manage issues badly

i'm sure your union should be of help to you. they would need to hold proper disciplinary hearings to deal with the issues and the union can back you on this. you can also bring up the past problems you've had with the school in your defence. you should have a pretty decent case

if there is no "formal written procedure" they can't pull you up officially for not following it. if they wanted to take action they would need to hold a formal disciplinary hearing unless it's a first verbal warning, in which case you would probably have the right to appeal, and could perhaps get in thrown out. they would need to proove there was a formal documented procedure, you knew of it, and you didnt follow it. if they cant do that, they shouldnt be giving you a warning

your union might also help you raise a formal complaint about the staff in question, even if its the "big boss" of the school, whoever that is (headmaster etc). if you do this they might lay off you

[overkill]

Agreed unique. Schools management are in a good position with regards employment, as there are too many teachers and a decreasing number of posts. Hence the same tricks that are used by employers elsewhere in an increasingly competitive job market are becoming more and more common in education.

I agree Cooper, you probably are being harrased. If you're on a higher wage scale and been ill, they see you as an expensive 'liability'. Get the Union on to it straight away, and just as important keep on at the union to take action once they get involved.

PJclark is good for information concerning employees (in education) rights.

However, having seen many schools in this area openly flaunting agreements made with the unions, and even govt employment regulation, it's a sad sign of the times.

[Decadence]

Ask the Union to help you and launch and official grievance to whoever you need to. Make sure all the paperwork is in place and there is a trail to follow should things turn nasty.

[Mrs AutomanUK]

I was in a position where I was being seriously bullied in the workplace too, where the buck should have stopped with someone more senior to me, but she was conveniently having her wicked way with the boss so the buck came down to me. It was really humiliating and there were days that I really wondered if I was in the right profession. However, when I finally got some support and changed departments, suddenly I felt so much better, and pleased that I had stood my ground. The easy option would have been to leave but it would have left all the other staff believing that I was in the wrong. I stood my ground and in the end it all backfired on the person who was senior to me. My advice to you is this... if there is a policy or procedure, ask to see it in writing. If they are unable to provide this but intend to punish you for doing something that everyone does, then get the union to have a word with the management. If they produce a policy then you should make it your mission to enforce it so they have no way to penalise you in the future. Are the other staff supportive? You have had a rough time and it is terrible that human beings can be so insensative to each other. 'There but by the grace of God go I' should be the moto of every person, but unfortunately at times like this, you really find out who your friends are.

Keep your ground though. You sound like a dedicated person to your profession and the more teachers we have like you looking after our kids welfares, the better. If you are right in what you did, stand your ground and hold your head high. Maybe offer to rewrite the policy and procedure !!!

[Londondecca]

Your employers has an obligation to investigate stress under the Safety at Work Regs (1999) plus they should also take into account your circumstances and devise a plan to phase you back into work, if it is necessary.

As for your reprimand, this depends on the circumstances, just because others have carried out a course of action for sometime it does not make it right. However, if the course of action is reasonable then the reprimand is unnecessary and you should formally respond to your employer.

If the reprimand was part of a disciplinary procedure then it is irrelevant if the employer has a written procedure, the Statutory Disciplinary procedures automatically apply.

If someone is suffering from depression, stress etc it is often wise to let the employer know, this way they need to respond but if they are not told about the issues they cannot be criticised later on.

[ELV]

There a strict procedures to follow for disciplinary warnings etc, if they have not followed them them they cannot make them stick, see your union rep to check if they were followed,also i'm not sure what job you were doing but a good Union rep or Safety rep could have a field day with them if you were not made aware or there was not a procedure in place, either way though it probally wont stop them being poor managers and it will probally only improve things in the short term, write down everything that's happened and also let them know if you are felling low and keep a copy, they cannot ignore what you have put in writing.

[pjclark1]

1) start a diary and write down all dates and events
(This sort of proof is needed for any legal action)

2) inform the manager "you think he is bullying you" and ask him to stop. Don't shout, don't argue, be polite.
(Often a managers defense is they didn't realise they were doing it, hence you must ask them to stop.)

3) carry a mp3 recorder with you at all times and record during any 1 to 1.
(This stops a manager claiming you made it all up or misunderstood them)

4) Reprimands cannot be given to staff without offering them the opportunity to have a witness present.
(are you sure this was an official reprimand, I suspect it wasn't)

Items 1) and 2) are required before any legal action can really be taken so you need to do them now, before it gets any worse.

I must say that 2.5 weeks off is a very small amount of time to take off with stress, as many teachers in the schools I have worked in take 1 to 2 terms off with stress related problems. There is never any comeback for them, and once staff take time off with stress they become almost impossible for the school to dismiss, and managers are supposed to treat them with kid goves. "Problem" teachers also get very good refs. as the school wants rid of them quickly but never quit without first getting employment elsewhere. The worst they can ever do is not promote you. As many schools now have a policy of no internal promotions, I don't see this as a big problem.

And finally.........
Bullying of staff in schools by managers is very common, don't let it get you down.
Teachers get used to shouting and telling kids off, some forget to change their behaviour when dealing with adults.

[Londondecca]

Regarding Pjclark1 points

1. Very good suggestion, contemporaneous notes are valuable evidence

2. Another good idea but do it in writing if possible

3. On less secure grounds, whilst it may put off a manager from saying anything, if the recording is in secret it will not be admissible evidence and also runs the risk of escalating the situation. Think how you would feel if your conversations were recorded with the intention of gathering evidence against you.

There is also the possibility that the stress-depression is causing undue stress by exaggerating an incident at work. This does not mean you are not being bullied but stress can seriously effect ones judgement and perception

[Mr.D]

Originally Posted by Londondecca

3. On less secure grounds, whilst it may put off a manager from saying anything, if the recording is in secret it will not be admissible evidence and also runs the risk of escalating the situation. Think how you would feel if your conversations were recorded with the intention of gathering evidence against you.

I was under the impression that recordings are admissable as long as one active party in the recording was aware of the recording at the time...this being the person doing the recording. I'm sure this is why covert police recordings (wires) are admissable as the wired individual is effectively aware that their activities are being recorded.

A remote bug left in a room to covertly record people unaware of its existence is still admissable I think but unless its the security forces with a sanctioned and approved warrant to do so in the first place the penalties for the covert recording are punitive regardless of the evidence contained therein?

[Londondecca]

If all the parties are aware they are being recorded, it could well be used in evidence.

If one of your staff stated that every time you were to speak to them the conversation would be recorded could this indicate a breakdown in the employment relationship