DH facing capability measures - your advice and support needed please.

[Crimebusterofthesea]

So, DH has come home and has said that following an inadequate lesson observation, he is being placed on formal capability measures. He feels like this is a bolt from the blue as his last lesson observation was rated 'Good'. The school is renowned in the area for being an impossible place to work and since DH has been there, so many teachers have left because the pressure is beyond ridiculous and expectations are just beyond what seem fair, reasonable and achievable (I'm aware that this is the case across most schools, but his school has a reputation IYSWIM).

I am so scared for him, for us, for our family. He is broken. They have beaten him down to a point where he feels worthless and truly inadequate in every way. I need help to understand the process and whether the reasons behind doing this are fair and reasonable. His last scrutiny of work was 'Good', his last observation before this one was 'Good'. I know that they have told him that he isn't meeting the targets with regards to pupil progress, but they just get more and more impossible and harder to achieve.

He is far from being a lazy, coasting teacher (70 hours a week normal) and he takes such pride and care in his work. Last week he was up until 11 every night doing his topic books. He just feels that the strive for outstanding means that the school don't want him there as ATM he isn't an outstanding teacher and he is the first to admit that he probably never will be.

He was off sick a couple of weeks ago and I keep looking at the card his class made for him upon his return - 'Hooray!! So glad you are back!' it says. I'm being overly sentimental I know, but my goodness, this is hard.

So, if you have read this far, thankyou. What will happen next? He has a meeting planned for the last day of term which will either result in a formal notice to improve, or things can apparently return to normal. I may have got this wrong though. What are the chances of him finding another teaching job? Are unions any good when it comes to this sort of thing?

I'm just rambling now but any words of support and encouragement would be greatly appreciated. Thankyou.

Ragusa, I specifically said that my comment on crap teachers was no reflection on the OP's situation. Please read posts properly before replying. You may be happy with sub-standard teaching for your children, I am not.

winklewoman; yes, I saw that you said it was no reflection on the OP's situation. I am not sure what's to be gained posting that sort of comment on this thread, though. The OP is asking for practical help, not inviting a free-for-all discussion on whether crap teachers should get the flick. If you read the other posts here carefully they almost, to a fault, attest to a situation whereby it's not the crap teachers that are getting the flick, it's the perfectly acceptable and often good or better ones and quite often for nefarious reasons.

I am not happy to have my children taught by substandard teachers, of course not. But the measurement of standards has to be reasonable and objective, and coupled with proper support for professional development.

Ragusa, as you say, there may possibly be some teachers who are unjustifiably sacked. However that is not a reason for retaining those who are demonstrably incompetent.

I posted the comment because I do not subscribe to the view, expressed frequently on here as you say, that most of those dismissed are 'acceptable' or 'good'.

Winklewoman I don't want to get into further discussion about this, this is not the point of the thread and we are at risk of derailing it.

OP, I hope that your husband and yourself manage to work through this :( What a shitty thing to happen just before Christmas

Fine, Ragusa. I am sure that everyone, regardless of the merits of capability procedures, is sympathetic to the OP's predicament.

Crimebuster... I'm so sorry you & your DH are going through this. I have always been a good/ outstanding teacher but, since suffering chronic illness, capability has been mentioned several times. Not as a threat but in passing, which makes me feel threatened. I know my HOD has been going behind my back, asking other staff if they want to report anything to do with me It feels like a witchhunt & it's horrible. I don't know what to do but I think capability is an easy way to get rid of staff who are expensive/ don't fit in (as well as those teachers who are genuinely rubbish)

I hope there is a relatively positive outcome to this x

There's always work for good teachers OP. Everyone knows that good teachers sometimes fall foul of school politics and a new school can be very understanding.

Can't say too much or will our myself but StG is giving all the right advice. Don't worry... A new job and a new school will come along..

Thankyou everyone, I can't tell you how much your support means to me. So, the regional union rep phoned last night and DH told him that he wanted a Settlement Agreement. I was under the impression that this would be more than possible but the rep seemed tothink that this would be unlikely as they are usually for people on long term sick. Could someone please confirm that this isn't correct, from what I've read here it doesn'tseem to be? The rep has suggested that we postpone the first meeting as he can't make it and that will then push things after Christmas. This doesn't sit right with me. He wants to get out, I want him out but it's the agreed reference that for us, is vital. Is it worth speaking to the rep again today, urging him to suggest a settlement agreement?

Apologies for lack of paragraphs, stupid phone.

The rep is incorrect. He should approach the school/Head on a 'without prejudice' (I think it's called) basis to suggest and discuss a compromise agreement whereby your husband will resign and forgo his right to take them to a tribunal for unfair dismissal in return for an agreed reference. Ideally a meeting with him and the rep and the SLT should take place this week if possible I would have thought so he can resign before the end of this term and be out of there sooner.

It seems that everything is resting on being able to get this settlement/compromise agreement, but what if the school simply turn round and say 'No'. What is in it for them? What happens if they force him into simply resigning? I guess that leaves them open for DH to take further action, am I right?

The rep is incorrect about the sickness although pushing it until next term isn't all bad as it moves it all into the next term increasing the likelyhood that his official leaving date will be September rather than leaving mid year. Once an agreement is reached in principle usually union rep to hr your DH may well be placed on gardening leave whilst the contracts are drawn up, this may take a while as there are so many settlement agreements being reached. This time to re-group will be key to him finding work as he can still apply for jobs but if he gets a job before the contracts are signed the agreement is off. I imagine an agreed reference will be essential when dealing with his SLT.

They can't force him to resign as that would be constructive dismissal which is then subject to employment laws NOT school policy. They can say no to a CA. Remember a CA is a gagging clause and your DH can only talk about it to his immeadiate family and union rep. Please Please don't put any identifying comments on here and encourage him not to talk to anyone in work about it before or after it's signed.

They don't have to agree to a compromise agreement but do keep trying. It might be possible to see if they'll give him an agreed reference but not the money which is a nuisance I know but ultimately better than capability.

Contrary to popular belief there are three leaving dates for teachers - December 31, march 31 (varies according to when Easter falls of course) and August 31. I've left at Christmas twice and Easter once, although with jobs to go to - its never been questioned, so don't worry about that!

What would be the possible reasons for the school to not agree to a settlement? Other than to really drive the knife in and make things ten times more difficult, I fail to see why they wouldn't allow him to leave with dignity and the realistic possibility of finding another teaching job. It is obvious to everyone that they want him gone. He doesn't fit in at all.

It's the reference that is clearly key here and losing out on some money in (hopefully) the short term is, in my opinion, far batter than the long term, damaging consequences of capability procedures.

Thanks again everyone.

There are two reasons for getting a settlement agreement. One is long term sick. The other is if you are about to be hit with a formal capability, first and final warning and you negotiate a settlement agreement instead. The school is not obliged to comply. The main reason why the school would not agree is that they are taking a principled stance and have concluded that your DH us unsuitable for teaching and should not be encouraged to continue with an agreed reference. Otherwise they might simply have have become exasperated and decided not cooperate. (Not saying this us justified, but they are humans)
Regardless, you are getting poor advice from your Rep. Don't deal with the school rep (if you were) deal only with the Regional Office.

The thought that they would consider him unsuitable for teaching is so incredibly sad. We have a lot of teacher friends and every single one of them has said that there is no way they could survive in his school. If they don't agree on the grounds that he shouldn't be in the profession at all, I honestly think it could result in mental health implications.

Has he actually received a letter notifying him of the nature of the meeting on Friday? if he is likely to be placed in formal capability on Friday, he should have received a copy if the capability procedures under which the HT is working. Without that, the meeting will not be properly constituted for the purposes of formal capability.
Furthermore, for a First Formal capability meeting, he has to be given 10 days written notice in advance and his nominated representative has to be consulted on the date and time of the meeting.

He has been sent a letter, but the notice period is set at 5 working days, not 10. I'm guessing it can differ from school to school.

AskAQuestion: I think your employer mean the off-hand mention of capability as a threat. They just want to pretend they aren't threatening you. And the asking around/encouraging people to make complaints about you is dreadful, and must be causing you dreadful stress. It is a kind of bullying.

My current employers have been doing the same thing to me, because a disabled employee is inconvenient and they want to redeploy some of my post elsewhere and save some money. They don't say this outright but it is obviously what's going on. It is very clear that the situation is be a 'normal' employee or they'll get rid of you. Or, as is actually the case, do the job of two normal employees with no adjustments, or they'll use capability against you. They seem to think that they are some tiny business with two employees for 'reasonable adjustment' purposes, not the extremely large (and well financed) employer that they are. And they also seem to think that they can correct me about how I feel or how the process affects my health and well-being. Luckily I have a new job starting in the new year.

Unfortunately disability discrimination is rife.

10 days may be OK, depending on area etc. It's not an academy is it? Without knowing exactly what the letter said , it is hard to advise further,

So sorry to read what is happening to you. Sadly I've been there and known many others who have too. It can be a witch hunt. My advice is get out and remember there is light at the end of the tunnel. In our recent Ofsted I was rated outstanding! It is incredibly hard at the time. It made me very ill sadly. He needs to try to keep it in perspective (which I never managed to do) as there is supply and once others have seen what he can do he will be snapped up. We have hired a teacher who left her previous school in similar circumstances, came to us as supply and is now a permanent member of staff. Good luck.

Ok, we have had another reply from the regional union rep who again is saying that a settlement agreement is not possible. They say that it is 'usually' for people on long term sick and is a way of avoiding dismissal. I have read on here, and on other forums that a settlement agreement IS possible if you are being faced with capability procedures. Any further advice?!

I'm getting really worried and panicky now - the advice is so conflicting. Is the issue here actually around justification? If the union rep actually feels like the school are justified in their actions, is this why a settlement agreement wouldn't be applicable? Are they only an option for people who are being 'wronged'? As far as I am aware, the rulings state that formal capabilities can be initiated on the back of one inadequate lesson so in that regard, the school are completely entitled to be doing this and therefore DH hasn't been 'wronged' at all.

What on earth do we do now? It seems that short of just leaving with no pay, no agreed reference, no nothing, we are screwed. But then the alternative will also leave us screwed. Back to feeling petrified