Fellow teachers- AIBU re. Capability Procedures?

[Flouya]

Hi,
As an NQT, after about one term, I was threatened with Capability and jumped before pushed. I have a theory about what really happened, but would you care to give me your wise insights? I will provide some details that may (or may not) be relevant.

So, (not recent)
NQT, started before Christmas.
3 teachers in the year group- an experienced teacher, another NQT and me.

I had a Maternity contract, ran until end of Summer term.

Dont remember exat dates but in roughly this order these evemts took place:

I was given bottom set English- when I started.
I am also given bottom set Maths.by I think Feb aftwr half term.

Around this time maybe, im told by my mentor/deputy that they will support me with planning. Im happy with this, as I take criicism well and was happy to have some 'support'. Some efforts were indeed made to 'support' me.

Later in the term, Head says that there is good news and that the maternity lady who I was covering for until end of July, is able to come to my class straight after May half term, 5 days a week so that she can supoirt me in class, with planning, lear ing everything. I was soo grateful. What an expensive resource to be using on supporting me. And they have already done things to suooirt me, so this is just amazing!

Maybe a few days or a week later, (so about 2 weeks before May half-term) I am called into the Heads office. I was told that despite me being on a
'Support Plan' I have not made enough progress. Im confused cos ibthought Maternity lady was going to be lart of that supoort, but ok. This is when i realised i wasnt just being supported but was on a
'Support Plan'. I had never heard of this before. And still didnt understand the significance of it.

As a result, I was told, that the following week, on Monday, (the laat week of befire breaking up) we will have a Capability meeting and I can bring a Union Representative if I want and they will be discussing what other steps they can put in place or something, cant remember exactly. No idea what it all meant. So stressed! What's going on? They pull out a whole list of things ive not done well e.g. ' On x say in x lesson, during a learning walk, we noticed that...'

Spoke to a teacher friend in the evening. She said they want to get rid of you and you need to get out before they put 'Capability' on your record. She said do whatever it takes, even if it is going off sick until your contract ends, but do not allow them to put you on Capability!

I cant do that- go on sick. Doesn't sit right with me. Next day im discussing with another colleague- 'im not sure what my options are, is it better if I leave' etc, etc. In confidence, so I thought.

Pretty soon, Deputy comes to my room. And says we heard you are thinking of leaving. If YOU want to leave we will 100% support that. I say 'Oh, ok but what about serving my notice, how long would I need to do that? (as i only had 2 months to go) she said 'You dont need to serve your notice' 'ok, I replied, so when do you want me to leave?' ' You will be leaving end of next week' she replied. Meaning the last day of term.

Im then called into the Heads office pronto, so she can clarify that THEY are not telling me to leave next week, but if I CHOOSE to leave next week THEY will fully support that and that they can, as a gesture of good will cancel the Capability meeting on Monday. But if I choose to stay, then the Capability meeting will go ahead on Monday, and they just wont be able to change it. It is out of their hands! And that they wont pay my notice because I am CHOOSING to leave next week.

I speak to my Union. Hand in my notice. Not allowed to tell the students. They were informed on Friday via a letter. I was too sressed and compliant to go against that.

So if you have got this far- thank you. Do you see anything obvious about why this all happened or is it just what they told me?

Oh, also, they had an Ofsted the following term which had a poaitive outcome.

YAbu- They gave you support, you just werent good enough. They had no choice.

Yanbu- There were hidden reasons beyond what they told you.

People who go off sick the moment competency issues are raised are selfish muppets who take no accountability for themselves. Feeling stressed can be a normal part of life, it does not necessarily mean someone needs to be signed off sick. A person who chooses to go off sick instead of working with their employer should just be fired as its clear they have no interest in improving their skills and are just trying to rinse the company. This is a particular problem in the public sector because of the more generous sick leave allowance. The NEU are clearly a joke if this is the advice they give.

As to a 3 month payout, what makes you think the OP would have got that? For a start, she was the one who chose to resign. But if she hadn't, they could take her down the capability route or terminate her due to the maternity person coming back.

And no, the OP absolutely does not have a case for constructive dismissal.

In multi form intake primaries they do jumble classes up for core subjects

Teaching sets for maths and English is not uncommon in primary.

Offering to put an experienced Teacher into a class as an extra teacher to support 5 days a week, is extremely unusual though-even with a failing teacher.

What did your union rep say?

Have you been able to complete your training elsewhere since?

My first teaching job went like that. I just moved on, became outstanding the next year and had a successful 18 year career as a teacher/ senco/ deputy in lovely schools. Just move on, honestly, let go and put it in the bin as something to forget

I teach in a 3 form entry primary and we don't have sets. I'm surprised to hear that some schools do but if that's your experience then it must sometimes happen.

I've taught sets and normal classes within the same school at different times. I was surprised my child's school still does it (in KS1!) as I thought it was a bit out of vogue now.

This sort of thing happens all the time. The unions can’t do much. They can ensure procedures are followed properly but they can’t stop them happening.

And going off sick is sometimes necessary to buy some time.

Remember, there are long notice periods in teaching.

Thank you for all the replies. Wasnt expecting so many, so will try to answer as many as possoble here.
Yes, it was a little while again, hence NQT
Primary teaching, hemce the talk about different subjects.
Yes, classes were set and as the NQT, I was given both bottom set for English and Maths- the classes with the more challenging behaviours- interesting to give both classes to an NQT. (The maths group was alreasy not progressing well- even more interesting wjy the class would come to me)
Yes, I had definitely had some weaknesses, but also think I was treated very badly.
My contract was until end of tue summer term.
The Union did not tell me anything. Just said dont hand in your resignation. A lovely man wrote the letter for me asking for notice period pay. They paid me one month.

Tobthose with advice- thank you so mich. This was a while ago. I was very naive. Had no idea what is haooening. However, i went to a different school, passed my NQT uear. New head was very pleased with me and I have had a successful career since..

Every once in a while I wonder what the real motives were that's all. After this experience and a bereavement soon after, I did find it incredibly hard to push myself back into teaching, but I did it and do it well.

If I can, I will be deleting this soon. Thanks again for the responses.

Thank you for this lovely post. I came out the other side.

Thank you. Luckily, I was one of those who made it in the end.

I don't know because you'd need to show me your contract (teacher and union rep). Maternity contracts often have a clause that the role ends at the point the returning teacher comes back. They don't have to give much notice.

To be honest, it reads as if your returning teacher told them she was coming back, someone said something stupid about keeping you on and that would mean 2 x teachers for one class, so they back peddled and tried to make it sound like your fault. There might have also have been a mistake with your contract where they didn't include the break clause so would've faced double salaries including over summer.

Yes, people can be absolutely vile when they're trying to cover their own arses.

Good to hear.

You were treated badly. It takes years to get over the injustice. I think, with it being a temp contract it was difficult for union to get a better deal but please keep up your subs - and I say that to all in education.

It can be brutal out there, you’re spat out when you’re older, female, ethnic minority, pregnant, menopausal and so on.

And - everyone - check your pension, with the privatisation of state education the trusts are often slow to update pensions and you might see gaps in service that you have to fight to get restored.

Teaching is horrendous in terms of what it does to your time, body, mind and energy but please, please, please never neglect your health, your family, your union subs and checking your pension.

That’s what I was going to say. I’ve done a few maternity contracts and it has always named the teacher in the contract and if she comes back early I get one weeks notice. I’ve done one where the baby died and she came back months and months earlier than planned.

100% agree. If they screwed up with OPs contract the least they could have done was pay her off and give her a good reference. Instead they filled her with self doubt. Everyone is vulnerable to capability, if they’re out to get you, they’re out to get you. People go on about ofsted but it’s HTT/SLT that screw the job up. I know some people will say they are at a lovely school with decent management and that’s brilliant but such schools are few and far between. Academisation and the GERM!

The unions in this kind of situation usually act in the best interests of the individual member, rather than 'the greater good". Anyone who has been in a similar position and fought the employer will tell you how stressful it is.

Better for an NQT to leave in a dignified manner with an agreed reference than waste time and make themselves ill fighting a very stressful case.

OP, the H/T acted badly. I hope you have been able to move on successfully.

I was in this situation (moved schools and went on to have a successful career for twenty years).

union advice was to negotiate a reference and leave.

it happens a lot.

it actually cheered me up the first time I saw it happen to someone else as it made reality for me that it was common (as my union had said).

I then saw it happen many many more times and was less cheered up. Teaching is brutal.

Agree. Ect is 2 years now and you should have a mentor.

Glad to hear this is far behind you @Flouya and you’re doing well now.

I agree with @Pearlstillsinging sbout the brutality of some processes. I knew a lovely bloke who management took against (possibly because he became the union rep) and I heard that he ended up losing his house because he was made so ill by the way they forced him out. It kind of haunts me actually, because he was so lovely- a “real gent” but he actually was. I had moved on by the time this happened and had lost touch with him, I heard it on the grapevine and really hope that it wasn’t true!

Thank you. Yes, it actually worked out really well due to a family illness/bereavement. I also continied my NQT year elsewhere, did well and continued to teach in some much better schools.

I’ve been in the situation- worse, after 18 years of teaching and am wracked with guilt every single day that I didn’t do anything to stand up to the injustice and inhumane treatment because it’s just not right and keeps happening over and over again but I just don’t have the fight in me and was advised by the union to “just get out” and basically had a breakdown and am no longer teaching. But then these Heads get away with it and feel untouchable.

That must have been tough. It is brutal out there. Hope you can get past this and find something that goves you peace.

Thank you, I am now in a new job that I enjoy very much and have great colleagues. It happened in July 2025. It sounds ridiculous but it’s like being in/coming out of an abusive relationship. I’ll never forget having a meeting with the union and my head teacher I had worked with (and bent over backwards to do everything she asked) for 14 years, and her not making eye contact with me and referring to me as “the employee” throughout the meeting.