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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to not do something that's not in my contract?

72 replies

Joolsy · 03/10/2017 16:20

I work in support at a college and a SN student started recently. He needs help in using the toilet. It transpires that anything to do with toiletting is not in our contract. Currently our contracts are under review, with a possibly pay increase for staff who would be undertaking this. AIBU to refuse to do this until I can see it in black and white? I have done it a couple of times because there was noone else available but am angry to have been put in the position where I felt I couldn't say no and the poor student was bursting for the loo

OP posts:
brasty · 03/10/2017 17:30

I would do it, but ask for something in writing that it was okay for me to do it and I was covered. Just in case anything went wrong.

Wormulonian · 03/10/2017 17:31

Just would endorse what Teutonic said - insurance issues, safeguarding, no training. Plus do you want to do personal care? The college I used to work in paid personal care assistants more than TA's - TA's/classroom assistants were on around £8 an hour and personal care assistants on £12+.

I would enquire about the care plan for the student - the college is letting him down

TheFirstMrsDV · 03/10/2017 17:36

Why have they allocated who is not contractually required to help with personal care to a student who needs help with personal care? Confused

That is awful What is the poor kid supposed to do? They are not providing appropriate support.

TheFirstMrsDV · 03/10/2017 17:37

OP YANBU for worrying about this.
Too often people who work in SN are railroaded into working outside their remit/paygrade because they care about their service users.
People with SN deserve to have their needs met by properly trained, properly paid staff.

yorkshireyummymummy · 03/10/2017 17:40

No way would I do it. With all of the safeguarding rules and regulations, if it's not in the contract then I doubt it's in the staff handbook or been risk assessed. If your Union say no don't do it then don't until it s even agreed. I feel really really sorry for this SN person who should not have been allowed to start until all of this was sorted. It's all well and good for people to sit behind a keyboard and say ' I would do it' AND for your management to assume you will do it but the lawsuit will come your way if anything happens. In some roles - especially those involving vulnerable people - it's imperative that every thing you do is written up and agreed as you just open a can of worms if you go and do something not specified. And I'm talking from experience here.

Butterymuffin · 03/10/2017 18:05

The college are being half arsed about arrangements here and this isn't good for anybody. In your shoes I would refuse to do it until the contract issue is sorted out. They have no incentive to make proper arrangements if everyone is just doing it anyway.

Papafran · 03/10/2017 18:15

Shocked at some of the responses here. The college has a legal duty to sort this out and the OP should absolutely not go beyond the boundaries of her contract. It's not going to lead to her being promoted anyway- it will simply mean that the college continues to shirk its responsibilities.

The student should not be attending college until full personal care has been sorted out. Speak to your union rep and get them to deal with this immediately.

For the idiot who fired someone for refusing to work, what the hell does this have to do with this scenario? The OP is being asked to do something intimate and specific that she is NOT employed to do. Refusing to do it is not refusing to work. Plus as others have said, what about the poor student? What about his rights and dignity?
Plus promotion in FE and HE seems to have bugger all to do with going beyond the terms of the contract, so I wouldn't worry there.

CockacidalManiac · 03/10/2017 18:41

For the idiot who fired someone for refusing to work, what the hell does this have to do with this scenario? The OP is being asked to do something intimate and specific that she is NOT employed to do.

It’s become some posters like to look so very important and dynamic, whether it’s got anything to do with the subject at hand or not.

treeofhearts · 03/10/2017 18:47

I do plenty of things outside my contract. Fix bits of machinery, lone working, testing the fire alarm and bleeding the sprinkler system. All fine. Not something like personal care. Way out of your remit and you don't feel comfortable with it

SilverySurfer · 03/10/2017 18:52

I wouldn't hold your breath for promotion if I were you, OP.

NeedsAsockamnesty · 03/10/2017 18:54

So you have the training required to do it, you have the equipment to do it and you are the persons allocated support?

Whose going to do it if you don't or will the young person just have to stay home or sit in messed pants

Mittens1969 · 03/10/2017 18:58

No, the OP has said she’s been doing it if no one else is there to do it. I understand her concerns and really there ought to be someone assigned to do this. There are all sorts of safeguarding issues here and it’s not being handled at all well IMHO.

hellokittymania · 03/10/2017 19:07

I'm so thankful the people who have worked for me have not said the same thing. Out of pure curiosity, can I just ask why you think it would be so much more responsibility if you took on toileting? I have had carers and don't need this, but I have needed them to do other jobs. I think if you are working with someone who has special needs anyway, you will always have responsibility. Doing a bit more, shouldn't really change that. I would hate to be the teenager or young person who might have an accident because the person working with me can't give me a bit more help.

Kailoer · 03/10/2017 19:28

The college is failing both students and staff here

They need a proper, approved care plan - not rely on someone untrained, unwilling & unsure of their remit or doing it unofficially - why on earth would anyone think that would be appropriate!

The only legit route here is for the students needs to be formally met. DO NOT cover up the care plan gap OP!!!

Joolsy · 03/10/2017 19:47

hellokittymania - are you serious? It is not a BIT MORE HELP! It's a completely new set of duties which are not part of our current job role and they come with huge responsibilities. As I said, I've assisted twice as I felt really I had no choice - there is no way I would have wanted him to have the embarrassment and the humiliation of having an accident.

We've now had an email from one of the seniors to say the matter will be dealt with when the head of HR is back from annual leave - next week! And there are issues that have only come to light now. They obviously thought that our contract would cover all the extra duties when it clearly doesn't

OP posts:
PrincessHairyMclary · 03/10/2017 19:49

Hello kitty, there is a massive difference between supporting a student with dyslexia, a child with autism or severe anxiety within a classroom or quiet public setting and aiding a student who needs support toileting.

The student may just need accompanying to the toilet and manage alone, or may need help in/out of a wheelchair or need to be hoisted showered and completely changed. It puts both adult and child/young person in a massively vulnerable position and is not necessarily part and parcel with working with those with special needs.

Pengggwn · 03/10/2017 20:14

This reply has been deleted

Message withdrawn at poster's request.

Whocansay · 03/10/2017 20:24

I think this is awful. Your employer should never have put you in such a position, but I feel desperately sorry for the student.

Not helpful though. Your employer should be rectifying this immediately.

JayDot500 · 03/10/2017 20:35

Some people on his site are so bloody self righteous. Like they'd all jump at the chance to wipe a stranger's bottom. Is it fair to expect students with SN to sit back and accept any old stranger following them into the toilet and viewing/touching them intimately? Hmm

Urubu · 03/10/2017 20:47

Wiping arses is something you specifically need to be asked to do, and never something assumed unless specifically excluded
Very true

DressedCrab · 03/10/2017 21:15

This young man has been badly let down. As have the staff.

He shouldn't be in college until a proper care plan is in place. I cannot believe they let him start without one.

He needs to stay at home until it's sorted and the staff have had the proper training.

Barbie222 · 03/10/2017 21:53

I was really taken aback at this initially but it does sound from your subsequent post that the college have tried to put as much as they can in place re training and safeguarding. Likely you'll be offered a new contract as soon as HR are back. You can then take it or leave it I suppose? It's poor organisation but it happens.

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