reasons to be put on capability

IguanaTail · 15/02/2016 20:50

A spiteful headteacher can twist anything.

Original poster

goinggrey1978 · 15/02/2016 21:35

and put it in writing to scare the crap out of you!

OP posts:

IguanaTail · 15/02/2016 21:38

Ah well a truly spiteful head would tell you they are considering it, so that you resign before the action starts. That way they have the double whammy of getting rid of you while being able to deny it all.

Maidupmum · 16/02/2016 08:39

You can me put on I'll-health capabilities or taken through a capability procedure of the HT feels you're demonstrating a level of incompetence.
Not all HTs are out to get you- some of us are genuinely concerned about the education of the children and well-being of staff (both the person being investigated and their colleagues who have to support them)

Original poster

goinggrey1978 · 16/02/2016 08:47

various staff members have been pushed out with the threat of being put on capability, rather than being offered help and support, seems to be a pattern, recently i've had to take time off for medical appointments and school has now started this payback from that everyone has to fill out and then they decide whether its a payback the time appointment or authorised unpaid leave or you don't have to payback, i have various medical conditions to have many appointment which if i can i arrange out of work time but this is not always possible, just wonder what the real rules are concerning medical appointments??

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IguanaTail · 16/02/2016 08:50

Each school has to have a policy. I've never heard of paying back the time!

Having said that, a headteacher where I worked a few years ago cut the pay of a support teacher when she went to see her son in A and E who had just been in a car crash. She was paid so little and it was such a serious accident that I thought that was particularly spiteful.

Original poster

goinggrey1978 · 16/02/2016 09:15

that's interesting as there's a history of policies not being accessible to staff, lots of its on the system and its not!!

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MrsWooster · 16/02/2016 16:01

Policies should be completely open. Contact your union.

Pud2 · 16/02/2016 20:39

Sickness and capability are two different things and have two different policies. If there are issues to do with your attendance due to sickness ( which includes appointments) you will be called to meet your manager under the sickness code. Matters of capability can't be discussed in this meeting. However, you could also be under the capability, or disciplinary code for a different matter but this would need to be dealt with separately.

Original poster

goinggrey1978 · 16/02/2016 21:31

well a colleague was signed off by her doctor after suffering from depression, doctor signed her back on but there was a meeting between her and several parties, where by she was given a letter saying if she had any time off once she was back to work they would put her on capabilities?

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kaitlinktm · 17/02/2016 09:44

She really needs to contact her union if she hasn't already done so.

Pud2 · 17/02/2016 17:15

Yes, contact her Union as she's been poorly advised.

StealthPolarBear · 17/02/2016 17:20

" can you be put on capability if you have had a period of illness and were signed off sick??"
My understanding is yes - illness can make you genuinely incapable of doing your job and that is what capability is for. I don't think it's spiteful by definition.

KinkyDorito · 17/02/2016 21:06

Usually they would go on sickness absence monitoring which can lead to dismissal after a period of time and repeated failure to improve, however school should also consider reasonable adjustments. I don't see how she could be put on capability without evidence that she wasn't doing her job properly when AT work.

This sounds like scare tactics to get rid.

Is her illness covered by the disability act - I think depression is if long term history or using ADs.

She needs union and occupational health. Also, ring up ACAS for advice.

If she isn't in a union, she definitely needs to join one. They have legal teams to advise for this and she should have representation with her at every meeting that she has to attend.

KinkyDorito · 17/02/2016 21:08

Sickness and capability are two different things and have two different policies. If there are issues to do with your attendance due to sickness ( which includes appointments) you will be called to meet your manager under the sickness code. Matters of capability can't be discussed in this meeting. However, you could also be under the capability, or disciplinary code for a different matter but this would need to be dealt with separately.

This.