To refuse to stay at work late?

[Onlyyours]

I’m a teacher. Due to strikes a parents evening has been rearranged, but I had plans for that evening.

Am I within my rights to refuse to do it, given the circumstances?

God forbid teachers protest for a best education system that OUR kids will benefit from!
and OP didn’t even strike!

But you’re not asking for time off. You are raising that the schools change of date clashes with something you booked and paid for and ‘stating’ that you won’t be able to attend. As someone else mentioned, show them your receipts.

Or, just call in sick I guess.

@Onlyyours do teachers have individual contracts depending on their school and role or are these governed at a national level? If individual, then the legal position will be as set out in your contract. My contract (I'm a lawyer not a teacher) says that unilateral changes to the contract cannot be made - so in your example above I couldn't suddenly be asked to work Saturdays when my contract says normal hours of work are Mon-Fri. BUT it also says that I may be expected to work beyond my normal hours and/or at different sites on occasion where required by the business. So I would look there first of all.

I really hope you get the time off. I'm off to see one of my favourite bands in a couple of weeks on a Tuesday and would be gutted to be told at this point that I had to work that evening!

How does that work? If the work that was planned during a strike day was to teach a specific topic, do you just leave a gap in the learning and move onto the next lessons?

We have had parents evenings previously where 1 of the teachers wasn’t available. Latest one was paternity leave but there has been sickness in the past. The latest one gave us an offer of booking an appointment at a later date, either in person, by telephone or video call. As it was it wasn’t a subject that I was too bothered about so we didn’t bother, thinking that he probably had enough to catch up on.

surely your head teacher cannot just spring these days on you? I would try your union just in case you get a half decent person this time, failing that I would ring Acas and get advice before speaking to the head teacher. As a parent, I would understand.

Also, don't ask your head, inform them.

Asking implies that they can say no. Which they absolutely shouldn't.

@Iwannabeacrocodilehunter i know, but that’s how HT will see it. I’m certainly not calling in sick.

I do know there are roles with only however many weeks notice for changing shift patterns, but the point is teaching isn’t one of these roles and never has been.

True giraffe, it’s just I do need to have some backup here, if only so I can link to it. I mean, I only heard about it in a letter to parents! So there is definitely an assumption we’re available.

Yanbu

Oh that's proper unfair on you. Can you sell the tickets on. I think everyone is being harsh on you. I would be annoyed too.

Presumably your specific legal position depends on your specific contract and what it says about making yourself available out of hours.

This is guidance for NASUWT.

Is there a page on mumsnet for legal advice? Employment rights?? Might get more reasonable responses

What do you think will happen if you say "really sorry I've got a commitment that cost £££ that eve, I won't be able to attend but I'll make sure I offer a virtual meeting to parents another time"?

I doubt whether there is a defined legal position, especially as you weren't striking, so technically it's not work cancelled because of the strike, it's just been rearranged with a fair amount of notice. If it came to it, it would be about what's "reasonable".

Fwiw that's often the case when unions are accused of being unhelpful. They can't give the black and white answer people crave because there isn't one.

Link to NASUWT guidance www.nasuwt.org.uk/advice/conditions-of-service/teachers-working-hours/directed-time-england.html

Your Union will have lawyers who can check out your legal position accurately.

The headteacher must expect that not all staff will be available on the rearranged date. You were available at the scheduled time, but the HT rearranged. Teachers are not paid to be on call 24/7.

I would go to the HT with a solution- you are not available on the rearranged date but could do telephone calls Teams meetings with the parents you will be missing.

From NEU - directed time should be shared in the summer term of the previous academic year. This revised date wasn’t published and so you are not to blame for having an event organised.

If you go straight in with ‘legalities’ linked in your email, it’ll put their backs up more I’d have thought.

A simple:

Dear Claire (or whatever HT name is)

I do apologise, I will not be able to attend the rearranged parents evening on April 19th.
I’ve attached the receipt for the tickets I purchased back in November and unfortunately they are non-refundable.
I do appreciate how inconvenient this will be for the school, so I will ensure that all parents have had the chance to speak to me via phone call or over Teams in the week leading up to the parents evening. I will also ensure I forward my line manager notes I make regarding the outcome of these conversations.

Kind regards
OnlyYours

Then, if she/he comes back and says you have to be there, I would then contact my union for advice.

Generally, I think they could argue that swapping one day for another due to unforseen (in September) circumstances was reasonable and part of the contingency arrangements mentioned.

Whether insisting that staff who have made other commitments based on the original calendar should attend is reasonable is another thing and personally, I don't think the school would win that, but there's always a risk.

This.

Apply for jobs elsewhere. No one should be scared of their boss

@Iwannabeacrocodilehunter a sensible suggestion, I'd hope though you could speak face to face as well.

From what you have described OP it is not the kind of event where you could attend only the latter part and only be at part of the parents evening.

So anyone who has an operation booked for an NHS strike day doesn't happen, sorry we were on strike that day, so you no longer need your hip replacement? You are never going to teach the work you would have delivered on the day, just skip a day, to leave students confused

The original poster, you should be able to give your apologies and arrange an alternative way of providing feedback. Not unreasonable given the change beyond your control.

My husband is a headteacher of a large secondary. He's got 12 teachers leaving at Easter - 3 English teachers, 5 science, 2 PE and 2 MFL.
A further 6 have already said that they are considering leaving at the end of the year. Three of those are science teachers which will leave him with just 2 teachers in that department.
None of the ones leaving are going to another teaching position.
My husband says he is going to do another full year and will then leave himself, but I don't think he'll make it to Christmas personally.
I'm the daughter of a teacher, I've had two kids go through school and DH and I have been married 15 years, so for a non teacher I've seen a lot - this is the worst it has ever been.

You haven’t said if you are primary or secondary have you? If primary, I am sure it can be done on another day, if secondary, do most parent’s actually care that much if they don’t see you? I don’t meant that in a rude way but I had one of my kids the other night and 2 teachers dropped out on the day. I hadn’t got any questions for them and I have no concerns about the subject so ultimately whilst I would have liked to have said hi, ultimately I could live without the meeting. They said we could email them or request a call if we wanted a meeting. One teacher had to leave before my appointment so called me earlier in the day. For most parents, parents evening is not that important unless you have genuine concerns or questions. They are just nice to do to have a connection to the school.

Go to your head on Monday, explain the situation and offer the solution of either phone calls or after school appointments on another evening. That would be fine in my school.

I agree with the PP who said they wouldn’t bring up the legal side at this point.