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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To refuse to work without pay...

112 replies

Untilsummer · 31/05/2020 06:52

Morning, I've NCd as this is quite detailed and I don't want to be recognised.

So I'm a teacher, who lives in Wales but works in England. Wales is still in lockdown and schools haven't re-opened.

I'm due to return to work next week when my school re-opens. I'll be doing the childcare element with a TA as well as delivering online lessons to my class throughout the day.

Now due to my nursery being closed, I cannot come to work one day a week as I'll have no childcare. My HT has been aware of this for a few weeks. I can still do my virtual lessons from home, like I have been doing but I wont be physically able to come into school.

My HT has told me that I'll have to take these days as unpaid leave. AIBU to then turn around and say that I won't be doing any work on said day then? Including the virual lessons, giving feedback, answering parent/child queries, setting home tasks?

Surely I can't be expected to be work from home unpaid when this is what I've been doing for the past x weeks?

OP posts:
fodderbeet · 31/05/2020 08:17

And the child will go where for the 1/2 day? If childcare was in place there wouldn't be an issue.

Walkaround · 31/05/2020 08:20

MarieG10 - poor staff relations at your school is nothing to do with it not being an academy and if you think it is, I question your ability as a school governor.

Isleepinahedgefund · 31/05/2020 08:21

If you're on leave, paid or unpaid, you're not working. It's not clear from your post - is your HT expecting you to work on those days? I don't know why you'd think you would have to work those days.

In our LA the policy is work or unpaid leave unless you're an "official" shielder or living with someone who is.

As a pp said upthread there are so many ways people are trying to get out of returning to work, yet still expecting full pay. I suspect your HT is applying consistency here which is fair enough- if they say you can work at home because no childcare, I'll bet there are many other people who will ask for the same but for the whole week and then you end up with no staff (this has happened in the school I am a governor of - absolute nightmare thanks to the HT not being consistent).

curtainsforme · 31/05/2020 08:22

Have you been told you have to work?

JellyfishandShells · 31/05/2020 08:22

I’m confused about why the nursery being closed only affects you one day a week ?

olympicsrock · 31/05/2020 08:25

No you don’t work if taking unpaid leave

user1487194234 · 31/05/2020 08:27

Yo obviously can't be forced to work if you are not being paid,although in most professional jobs a bit of unpaid overtime is normal
But how can people expect to be paid if not working !!!

msflibble · 31/05/2020 08:30

Nobody should ever be obliged to work for free.

ArgumentativeAardvaark · 31/05/2020 08:39

Why do you think that you are expected to work? “Leave” means not working.

Are you sure you have not misunderstood?

Malachite19 · 31/05/2020 08:39

I have no doubt that the OP will have already full filled her 1265 hours, and then some

trinity0097 · 31/05/2020 08:49

Is there a nursery setting at your own school that you child could go to? The rules allow key worker children to attend different settings to their own if necessary.

Jessbow · 31/05/2020 08:53

why would you be providing on line learning if school is open?

donquixotedelamancha · 31/05/2020 08:59

Technically, you're paid to work 1265 hours. So unless you can show that he's allocated you the number of weeks you can't get to work by 6.5 hours already, under the directed hours agreement, then yes your ht can do this, whilst experiencing you to teach online. Remember your 1265 hours are to be "worked" over 195 days.

Christ you really did post this in the wrong place OP.

Speak to your union asap rather than just taking the musings of people on the internet.

AuntyRigsby · 31/05/2020 09:05

in most professional jobs a bit of unpaid overtime is normal
But how can people expect to be paid if not working !!!

@user1487194234

You must see the one-sided unfairness of that statement.

notchickenagain · 31/05/2020 09:06

Jessbow all the schools in our area are opening to the specified years from tomorrow but are also still expected to provide on-line learning for children whose parents are not sending them in. So for the foreseeable future both are the norm.

BlackberryCane · 31/05/2020 09:07

YY re union. Ask them, not AIBU.

user1487194234 · 31/05/2020 09:09

Ok but I meant if not working at all
I have always worked extra hours and am not a clock watcher
But can't imagine what any of my previous bosses would have said if I had taken time off and expected full time pay !!

Cosmos45 · 31/05/2020 09:13

Surely you’ve just got the wrong end of the stick. Your HT as said to take the days as unpaid leave which indicates he is not happy of the work from home situation. I think this is just mis communication and you simply need to write back and clarify that. No drama..

Ginandbearit1 · 31/05/2020 09:22

I wouldn't call in the unions Confused what other profession goes running to unions rather than just address it like an adult.

As PP have said, I would send a polite but clear email to the head, thanking him for understanding your situation and confirming that until further notice you will be doing online learning and classes Monday to Thurs, on a Fridsy you will be unpaid and unable to work.

MaternitySpongeBob · 31/05/2020 09:29

My HT has told me that I'll have to take these days as unpaid leave. AIBU to then turn around and say that I won't be doing any work on said day then

But has your HT actually told you they'd expect you to work?

Taking unpaid leave means you're on leave i.e. not working.

I'm fairly sure you're projecting an expectation which in bizarre and unreasonable unless they've actually said they expect you to work 5 days but be paid 4 days.. in which case I'd honestly laugh thinking it's a joke. I just can't imagine an hourly paid employee at a school being told that, it's not remotely reasonable and might open them up to wage abuse claims (you cannot legally pay employees less than nmw and there's a gov hotline to report rogue employers doing just that).

BlackberryCane · 31/05/2020 09:29

What exactly does calling in a union mean? People in all walks of life ask their union for legal advice all the time.

echt · 31/05/2020 09:36

I wouldn't call in the unions confused what other profession goes running to unions rather than just address it like an adult

FFS - all professions have unions, because they're adults in a job. How unutterably wanky to liken it to running to mummy.

If you're ever taken maternity pay - thank a union.

MarieG10 · 31/05/2020 09:37

@Walkaround

MarieG10 - poor staff relations at your school is nothing to do with it not being an academy and if you think it is, I question your ability as a school governor.

Walk around. Well that's a huge bag of assumptions isn't it. Actually I'm a pretty recent appointment to the governing bode, brought in with specific skills to help the governors get a grip on some aspects and support the new HT. Scenario is a school pretty much run by teachers more for teachers rather than children. Newish SLT pretty much appalled by what has been inherited but SOME staff go into shock the moment they are told no.

By the way the same staff refusing are the same ones that always pop up on most other staff problems so part of a theme I think.

So walkaround, poor staff relations is with some staff who don't like being told no when they are being unreasonable. The school isn't a branch of the Department for Work and Pensions to pay staff who don't fancy working.

YeahWhatevver · 31/05/2020 09:39

100% you're not in the wrong here.

Don't work for free.

Phineyj · 31/05/2020 09:40

In regard to a PP, what is the point of belonging to a union at all if you can't ask them to clarify the law or national guidance with regard to your personal situation? That's one of their purposes! Especially with a tricky issue over a national border like this.