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AIBU?

Aibu to think this is discrimination?

109 replies

RexMyDarling · 28/06/2017 02:45

I'm a teacher in a secondary school. I changed jobs in sept to a one year contract that I was assured was just a formality (you'll be perm after that) from a perm job that was a long commute away.

I have crohns so then in January I started to have a flare up and ended up in hospital. In order to never (or unlikely to be) ill again I decided to have an ileostomy - basically my large intestine removed and a stoma put in place so I'd have a bag for the rest of my life. I wasn't forced into it, I could have struggled on but I made the decision to bite the bullet. I knew that once I'd recovered I'd be more healthy and would be able to work more.

Anyway the school has decided not to renew my contract despite the verbal promise (yes I know!!) and I am left unemployed and facing huge financial difficulties if I don't find a job. They are saying that it is because they don't want part time staff any more but we all know it's because I had from January to May off sick.

I can't get them thru the union because whilst it is blatant discrimination they have done it in a way that leaves me with no leg to stand on.

Would I be unreasonable to contact the governors and let them know the situation? Complain to them really... also the leaders of the school federation? I feel like letting every parent/teacher/kid in the school know and maybe even the press (!) but know that would be extreme. I do wonder what it says to the kids - that if you are disabled you don't deserve a chance.

I feel powerless and very angry.

What do you think?

OP posts:
Nowaynowjose · 28/06/2017 02:59

What a difficult situation for you, I'm sorry. I have a lot of sympathy for how you must be feeling, but can't really see any course of action which will improve matters for you. The verbal agreement of a permanent position is worthless, as you know, and it can't be proven that it is discrimination.
From the school's point of view you have taken a large proportion of your one year contract off and with today's difficult budget decisions they will want to employ someone with a more reliable record. Unfair and not your fault, but I suspect that is how the governors would also think. Kicking up a fuss in the media is not likely to help your prospects of getting hired elsewhere either. I think you may just have to suck it up and go for supply until something better comes along.

WhatToDoAboutThis2017 · 28/06/2017 03:13

You had five months of a one year contract off sick? Shock

It's not discrimination, OP, it's just practicality. They need to employ someone who will be reliable and won't be off for nearly half of a school year.

They need to do what is in the best interests of the school and its pupils, in terms of budget constraints and the security of having the same teacher for the children.

sonlypuppyfat · 28/06/2017 03:31

How awful for you I'm glad you are on the mend, my DD had her teacher off for 6 months in her GCSE year and she really struggled without her. Perhaps the school are worried about the pupils

Redglitter · 28/06/2017 03:54

I think most employers would be reluctant to make permanent a temporary member of staff who's been off sick for almost half their contract.

From their perspective they'll want someone reliable and whos a constant for their pupils. It's really not discrimination at all and I think if you did start telling parents etc they'll agree with the schools decision.

SukiPutTheEarlGreyOn · 28/06/2017 04:03

I'm sorry you've had such a difficult time, Crohns is awful. It's good to hear that you've been able to get the medical intervention needed. For your own recovery and peace of mind it would probably be better to let this go. It's unfair and upsetting but because the offer was verbal the steps you mention are unlikely to get a positive outcome. Focus on the future and a fresh position and good health. Wishing you all the best Flowers

user1497480444 · 28/06/2017 04:11

you can certainly lose your job because of this level of absence, even if you were on a permanent contract.

I hope you fell better, and find another job soon.

RadioGaGoo · 28/06/2017 04:54

Are you sure User? I have had colleagues off with stress for longer and they have not lost their jobs.

Heartoverheadhouse · 28/06/2017 05:33

This reply has been deleted

Message withdrawn at poster's request.

user1497480444 · 28/06/2017 05:44

I have had colleagues off with stress for longer and they have not lost their jobs.

if the illness or injury has been caused by work it is a different situation

londonrach · 28/06/2017 05:45

Thats alot of sick. Hope you better soon. Cant help but do now nhs my colleague had about that time off (abit less maybe) had been employed 4-5 years and had a meeting with reps , hr etc and left. No idea what happened in meeting but never saw/heard of her again.

londonrach · 28/06/2017 05:47

User...my colleague had ms so not work related. They tried to move her to education job before she was off for those months. Very sad as very amazing member of staff.

londonrach · 28/06/2017 05:59

Hope better soon op with the bag x

OhTheRoses · 28/06/2017 06:07

They have done nothing wrong in employment terms you are on a fixed term contract. It isn't being renewed.

There is such a shortage of teachers, it can't be too difficult to get another job.

You need to leave on good terms with a reference.

Shoxfordian · 28/06/2017 06:11

Yeah it's not really surprising they haven't renewed it given how much time off sick you've had. I'm sorry you've been unwell but I can see why the contract wasn't renewed.

I don't think it's discrimination

WannaBe · 28/06/2017 06:16

There's a difference between getting rid of someone because of their sickness record and not taking them on permanently because of it. I.e. The PP whose colleague had MS had likely worked for the organisation for a while before going off sick, in which case she likely already had a work trackrecord to fall back on, whereas the OP had only been working there for a matter of a couple of months before taking five months off sick. In fact, she's had more time off sick than she's been present.

An employer is at liberty not to renew a temporary contract for any reason they want, the very nature of the fact that it's a temporary contract means that it can be terminated at any point and the employer is not at liberty to even disclose why.

It's really hard but realistically no employer would take on someone on a permanent basis whose only trackrecord with them included five out of seven months off sick. Far better to terminate the contract now than potentially be bitten in the future.

StillDrivingMeBonkers · 28/06/2017 06:16

The Governors will know, they will have sanctioned the Heads decision.

Similar has happened to a colleague of mine with repetitive operations and outpatients appointments, whilst on one had I empathise with her as her friend and colleague, on the other hand as a parent I am pretty pissed off at the level of cover she caused and the impact on my childs GCSEs.

Ultimately she was forced to resign (or else) and it totally broke her.

However, schools especially, need continuity.

They are saying that it is because they don't want part time staff any more but we all know it's because I had from January to May off sick.

Frankly, you weren't there, you didn't fulfil your contract. Harsh, but you don't meet requirements.

Crumbs1 · 28/06/2017 06:29

Could you perhaps ask for another 1 year contract to demonstrate reliability? Five months off even for an ileostomy seems like a very long time.

Sunnymorningwithbacon · 28/06/2017 06:32

Speaking as someone who's child had a teacher off for just under 6 months in her A level year I don't see what else you expected. It's a fixed term contract and you weren't there for half of it.

I feel for you but you would have been better to struggle on until you had your perm contract. And then taken the time off.

RadioGaGoo · 28/06/2017 06:42

Thanks for that User

RadioGaGoo · 28/06/2017 06:45

Yeah, struggle on. Try not to go to the hospital (!)

Birdsgottaf1y · 28/06/2017 06:46

""I do wonder what it says to the kids - that if you are disabled you don't deserve a chance.""

As a Parent of a child with disabilities, I think that the School has a point. My Eldest DD lost large chunks of learning by the Teacher being off sick and use temporary Staff.

I worked in Social Care, have been ill for a while, I will be expected to do a period of Voluntary work, to show a 'work' record.

For too long Sick Leave was far too generous in public sector jobs.

You won't be unemployed forever and could take a role, somewhere temporarily.

IamNotDarling · 28/06/2017 06:59

For too long Sick Leave was far too generous in public sector jobs.

I think you'll find that for too long Sick Leave has been inadequate in many private sector jobs and that those who work in public sector roles with chronic conditions have a better chance of returning to work than those who work in the private sector.

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Janeismymiddlename · 28/06/2017 07:00

For too long Sick Leave was far too generous in public sector jobs

What on earth are people supposed to do?! Sickness is a fact of life.

OP - get on your local,council website and see what work there is available. Most people are now sorted for September so you might get lucky. Otherwise, sign with a few agencies over the summer and start supply in September.

MaisyPops · 28/06/2017 07:00

Sorry to hear you've been unwell.
I'm echoing other posters, you've been absent for around half a 1 year contract and they're probably thinking that it isn't going to provide stability for students if someone is off all the time. In some lines of work it doesn't make as much a difference but in teaching it does.

If you're in a big department they could just about make an entirely ks3 and y10 timetable so that exam groups aren't affected, but in anything other than core subjects that's probably impossible.

somewhereovertherain · 28/06/2017 07:09

Sorry but think the school has made the correct decision.

I know in my business if you'd have had that amont of sickness in the first two years you'd be gone.

It always amazes me how much higher the sick rate is in the civil service and public sector than the private sector.

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