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Whether you're a permanent teacher, supply teacher or student teacher, you'll find others in the same situation on our Staffroom forum.

If I go back will I be put on capability

66 replies

NameChange201 · 29/03/2016 14:35

I feel my school want to put me on capability.

I am signed off now. If I go back won't they just put me on capability straightaway?

I am very worried.

OP posts:
NameChange201 · 29/03/2016 16:27

Even if you are pregnant?

OP posts:
OurBlanche · 29/03/2016 16:27

No! If you stay away they will write to you, giving you the 5 day notice. It can go ahead without you.

The name change mix up was the possibility that you usually post under another name (mouldycheese) and had forgotten to change in one post. Don't worry, we will all now assume that you are not Smile

NameChange201 · 29/03/2016 16:28

Huh - module cheese was having a go at me Confused

OP posts:
LittleNelle · 29/03/2016 16:29

How is your pregnancy relevant to the capability?

OurBlanche · 29/03/2016 16:29

Unless you are on Mat leave already, yes.

Being pregnant, in and of itself, doesn't change the procedure.

PotteringAlong · 29/03/2016 16:30

The pregnancy is a red herring. They can absolutely put you on capability whilst you are pregnant. They cannot put you on capability for being pregnant but you need to realise that being pregnant itself is not a reason for capability not to start.

redhat · 29/03/2016 16:30

The pregnancy is completely irrelevant unless you are saying that they are trying to set you up because you are pregnant.

NameChange201 · 29/03/2016 16:30

So there's really nothing that can be done?

OP posts:
OurBlanche · 29/03/2016 16:30

No, I think mouldycheese was trying to correct me, not you Smile

OurBlanche · 29/03/2016 16:31

Well, yes. You can go through the formal procedure and meet the requirements set.

It is only a lost cause if you have given up and won't/can't make the changes required.

LazyDaysAndTuesdays · 29/03/2016 16:32

The pregnancy is a red herring. They can absolutely put you on capability whilst you are pregnant. They cannot put you on capability for being pregnant but you need to realise that being pregnant itself is not a reason for capability not to start.

^ this.

NameChange201 · 29/03/2016 16:36

Blanche, I am grateful for your responses here but I'm sure you don't need me to tell you that teachers are set up all the time.

OP posts:
mouldycheesefan · 29/03/2016 16:36

Wasn't correcting anyone!
Merely said informal stage may have happened, because op said it was hostile at work. Not a correction!
Two pages in, no further forward.
Lots of people are trying to help you and give you information op but you aren't easy to assist! We are still on 'even if you are pregnant'.
Yes capability process can start even if you are off work and even if you are pregnant.
Did you read the helpful links pp gave you?
Have you spoken to your Union or acas?
Do you think you are capable of doing the job?
Does your employer have good reason to be concerned about your ability to do the job?
Have you had previous warnings either formal or informal?
Are you getting GP assistance if MH issues?
Are you actually pg? If so, does your employer know and is your absence linked to that? Is your capability issue linked to that.
Chocolate

NameChange201 · 29/03/2016 16:39

It's actually not me Mouldy so am being v careful. Trying to support a friend, and yes I am a teacher before anyone jumps down my throat!

OP posts:
TheFallenMadonna · 29/03/2016 16:46

It is impossible to answer the query with this level of detail I'm afraid. "Hostile" is too vague. Are you/your colleague at the point where you have been given clear targets for improvement within a certain timescale? What are the concerns?

NameChange201 · 29/03/2016 16:48

I'm not exactly sure.

I know attendance has been a bit of an issue and been criticised for some books being 'scruffy.' Very spurious reasons I know, but then capability often is.

Normally I would tell someone in that position to leave ASAP but that's just not possible due to pregnancy.

OP posts:
DraenorQueen · 29/03/2016 16:49

Blanche, I am grateful for your responses here but I'm sure you don't need me to tell you that teachers are set up all the time.
Yes, this is true. However, I'm sure you don't need me to tell you that there are also weak and incompetent teachers who are unable to carry out the job, even when supported by the official processes. Obviously it's impossible to say whether you/your friend (I'm lost, sorry) falls into that category, but it sounds like you're hoping to use a pregnancy to delay the capability process. Which, as others have said, will not work.

redhat · 29/03/2016 16:50

poor attendance is not a "spurious issue"

NameChange201 · 29/03/2016 16:50

It's more that the pregnancy means other options are very limited during this time.

OP posts:
OurBlanche · 29/03/2016 16:50

OK. There are only 2 pieces of advice you can give a friend:

  1. Get union advice, right now
  2. Consider the realities: Is the capability happening for good reason? Have you done everything you can to make the required improvements? What further support do you need to make those improvements? Do you really want to make them, do you think you can make them?

The most important thing is that your friend faces up to the fact that this is happening and that there is nothing she can do to avoid it. Have a read of mouldycheese's list... has she done/considered all of that?

fastdaytears · 29/03/2016 16:53

poor attendance as in the teacher is not attending work or the attendance of pupils in his/her class is bad? I can't imagine that not turning up to work is a spurious reason.

LazyDaysAndTuesdays · 29/03/2016 16:54

poor attendance is not a "spurious issue

Agree

OurBlanche · 29/03/2016 16:55

And actually, I know more crap teachers who hang on in there than I do those that are rushed out via capability.

I would be a bit wary if I were you. Books being scruffy and attendance issues don't sound like a firm basis for capability. There may be other issues your friend is not revealing. Her being pregnant is her issue. Yes it will limit her other options but, unless it is the root cause of her poor attendance, scruffy books and anything more, then it can't be a factor in a capability procedure. And if it is, she can get union support to deal with it.

TheFallenMadonna · 29/03/2016 16:55

Books being "a bit scruffy" is not grounds for capability. Persistently failing to follow school policy on marking and presentation after warnings given is. Poor attendance is also grounds for capability. Your friend must get Union advice and be completely honest about the scale of the issues.

Wolfiefan · 29/03/2016 16:56

Your friend needs to consult their union.