Any teachers or TAs around? Please advise on my DM's work problem

[Diorissimo1985]

Have posted in Staffroom topic too but would appreciate any advice ...

DM (64) has been a SEN TA for nearly 25 years, she currently works full time, plus stays late 2 afternoons a week to run an after school club and attend a staff meeting.

DM had treatment for cancer last year - 2 operations on her leg and a long recovery process as she couldn't stand for long periods. She was signed off work for approx. 4 months and then returned to work after Easter doing just mornings until then end of summer term (on doctor's advice). She would spend afternoons at home with leg elevated which eased the swelling and pain - this will be with her for life apparently.

She spoke to her Head about returning to work full time in September '18 - the Head said if you want to continue part time then I can only offer 1-2-1 with a particular pupil. DM knows the pupil in question and didn't want this job as he is quite violent. Head said if DM didn't want that job then should would just have to return to her full time contracted hours.

DM didn't question this and has been back at work since beginning of school year - I think to the detriment of her health. She is exhausted in the evenings and at weekends, her leg aches, she is always run down, and she suffers from occasional swelling and pain.

I've said she needs to speak to someone at school about making some adjustments but I have no idea who and DM is petrified of losing her job as she is worried she won't find another as she's only working for another 2.5 years before retiring.

Ideally she would just do mornings but she said the Head is very anti flexible working - but I feel even if that weren't possible surely some other adjustments could be made like DM not having to do break time supervision (standing for 30 mins) or after school club?

I get the impression DM is intimidated by the Head and won't question things but I'm so worried it's making her unwell. Would really appreciate some advice about who she should speak to, and what she should say.

So sorry for long post!

Is she in a union? That would be my first point of call.

I’d move this to legal if I’m honest Op,

However,

I govern for a school, so:

The issue with flexible working is this: education is seldom flexible, we have time tables for a reason, also, predictability and routine are crucial to SEN children.

Your DM’s employer has already given her a reasonable adjustment, in that she has been offered 1-2-1 with the child she doesn’t have want to work with.

GOod point - I will check with DM

Absolutely agree with PP - her union needs to be involved. This is a really poor way to treat your mum.

She is right to be worried about losing the job, a number of schools round here are financially unable to replace any TAs that leave. The only ones that are covering 1:1 with certain additional needs as they are a legal requirement.
If the head is inflexible, she needs to negotiate. Is she in a union, because a rep can support her and argue her case if she is. Governors might be more sympathetic.

@LittleLannister I have never worked in any school where what was offered would be considered a reasonable adjustment in this case. Going back to work after a long period of illness, one which affects one physically, mentally and emotionally is not easy.

She needs OH involvement, a doctor cannot influence reasonable adjustment in the workplace.
Aside from that, the notion of 'SEN TA' is ceasing to exist. Her job is likely to be entirely dependent on ehc money and if there isn't any then there isn't a job. This is not cancer related, this is a fact of huge over employment of additional adults historically which is totally unsustainable now. I have much sympathy for your mum's situation, many TAs are in a very precarious position at the moment.

I would dispute that it was an “over employment” of additional adults. The budget has been slashed to the bone which is why tas are being cut.

Dispute ehat you want, the point is schools cannot afford to employ additional adults unless they are funded to do so.

She should speak to union and occupational health. Schools have to consider her request for part time hours, the school have done this and have in fact offered her a part time role but she has chosen not to accept the role.

Thanks all!
She isn't a member of a union. How would she get to OH? What route would you go through?

I agree that the HT has offered reasonable adjustments, which were not taken. At my school, the only TA jobs left are with children whose behaviour can be a challenge. We have had to cut the other roles by not extending fixed term contracts or not replacing those who go.

She needs to request an occupational health referral through school. They will suggest what other adjustments school could make. Be prepared though, they might also suggest that your mum is not well enough to do it is her employment.

How far off 66 is she?

• not well enough to carry out her employment.

I don't think offering her a job with violence is a reasonable adjustment for someone coming back after a long illness with ongoing issues

There are usually quite a few TA jobs available in secondary schools. People don't want them as they think it will be much worse than primary but actually it's a lot better

Slippery, if she’s a SEN TA, then unfortunately, the possibility of dealing with a child having a meltdown is quite high. She should have the skills to avoid, deflect, manage and as a last resort restrain safely.
That’s the job, managing a child with additional needs.

I'm sorry your mum is in this position :( I'm a TA and over the last few years have watched our budget cut and cut.. I work in special school where there are generally 8or 9 kids in a class with a teacher and 3 TAs due to very very high needs children, and TA's still aren't being replaced as they leave or retire.
Having said that.. she needs union support (Unison is good, though I think she'll need to join for a month before they can do anything much)

Can she bear to have a trial with the difficult pupil? That was she has at least had a go and if it doesn't work there is 'proof' that the adjustment isn't reasonable. (Not ideal for either of them I know)

Personally I would be considering either early retirement or going for medical dismissal/retirement on ehalth grounds...again she really needs to get into a union now for that. Being a TA is so poorly paid it's not worth ruining your health for.

Another thought...could she go supply only? I have done that this year after 14 years full time. I work every day, but I don't HAVE to..my DD1 and son have both been very ill and it let me have flexibility. I'm never going back to a contract as it suits me better. Just a thought!

I hope she finds a way.

Firstly, she needs to join a union - Unison and GMB seem to be most common for non-teachers. Worst case scenario is that DM is about to be "managed-out" in which case she'll need their support. Unions won't take on cases that pre-date the employee being a member though.

Many schools buy into an Employee Assistance scheme - she may have been given a card at some point with a helpline number on, or the number might be in the staff from. They may be able to give her some advice.

To access OH, there will be someone in an admin role that can make the referral, e.g. the school finance / personnel manager or headteacher's secretary. If not, the head can do it/ delegate. OH should already be involved, given your DM has had what sounds like a Phased Return.

If she wants to stay, DM may need to be proactive and go to the head with possible solutions if the one the head has come up with is not workable for her. Is there another TA who works, or would consider working, part-time hours whom she could job-share a full-time post with? Or someone who could work the 1:1 hours, plus extra hours to cover time DM doesn't work? She needs to ask around, someone might be thinking along those lines but not have mentioned it.

I don't see how offering a role with a child prone to violent outbursts is reasonable.

Thanks for your replies, really appreciate it.
DM says Head is very anti part time and makes it known that she thinks job shares etc never work out - no one at the school has a job share currently.
I think we will find out who can help her access OH (DM wonders if Bursar might know) and see what they say?

MissEliza I don't think a violent child would phase my mum usually - she's very experienced- but she admits she isnt as physically able these days so she doesn't think she would be up to that particular role

Having had cancer is a protected characteristic under the Equality Act 2010 and the school needs to be particularly careful about how they handle her. This is not to say that they can’t get rid of her on health grounds, but they would have to be seen to follow correct procedure to the absolute letter in order to do it successfully.

Your DM should ask for a referral to OH or contact them herself and meet with them to explain the situation and how she is struggling under the current arrangements. They are usually keen to try to keep someone in work, not push them out and may help to be a middle-person between school and county (if state school).

The school needs to be extremely careful about not discriminating against her by asking her to do something that would be classed as not reasonable, given her health.

Op I totally agree with you. I've handled pupils like that and I know how to tough it is. It's completely unrealistic to ask your dm to do that.