Please could any school staff give advice on DM's work situation?

[Diorissimo1985]

Hope I'm posting in the right place...

DM (64) has been a SEN TA for nearly 25 years, she currently works full time, plus stays late 2 afternoons a week to run an after school club and attend a staff meeting.

DM had treatment for cancer last year - 2 operations on her leg and a long recovery process as she couldn't stand for long periods. She was signed off work for approx. 4 months and then returned to work after Easter doing just mornings until then end of summer term (on doctor's advice). She would spend afternoons at home with leg elevated which eased the swelling and pain - this will be with her for life apparently.

She spoke to her Head about returning to work full time in September '18 - the Head said if you want to continue part time then I can only offer 1-2-1 with a particular pupil. DM knows the pupil in question and didn't want this job as he is quite violent. Head said if DM didn't want that job then should would just have to return to her full time contracted hours.

DM didn't question this and has been back at work since beginning of school year - I think to the detriment of her health. She is exhausted in the evenings and at weekends, her leg aches, she is always run down, and she suffers from occasional swelling and pain.

I've said she needs to speak to someone at school about making some adjustments but I have no idea who and DM is petrified of losing her job as she is worried she won't find another as she's only working for another 2.5 years before retiring.

Ideally she would just do mornings but she said the Head is very anti flexible working - but I feel even if that weren't possible surely some other adjustments could be made like DM not having to do break time supervision (standing for 30 mins) or after school club?

I get the impression DM is intimidated by the Head and won't question things but I'm so worried it's making her unwell. Would really appreciate some advice about who she should speak to, and what she should say.

TIA and sorry for long post!

Is your DM in a union? Is it a local authority school?

Yes it's a local authority school. I will check with DM about a union - I am pretty sure she is in one though

Is she in a union? They’d be a good place to start.

Sen funding is in crisis right now. Many schools have lost all their teaching assistants apart from 1:1s. The trouble is, if she’s not doing break supervision or after school club, someone else has to because of ratios of staff to children so it’s not as easy to work out. Union would be able to advise what accommodations she is entitled to.

Cross post’

There should be a policy in place, and reading that would be first step before challenging, but as she effectively works for the council I'm very surprised more hasn't been done, it's usually much better than private sector for things like this!

Contact the job centre, they will (or they did not sure if they still do or it may be by telephone) send someone out to assess the 'reasonable adjustments' needed.

The head broke the law by not taking into account your DM's health when offering her ft or violent pupil.

The head broke the law by not taking into account your DM's health when offering her ft or violent pupil.

That’s not necessarily true. We don’t know anything about the pupil. We only know the dm doesn’t want the job rather than can’t do the job📎

Thanks everyone. Is there not an HR type person in schools that she could speak to? DM isn't sure and she's worried about speaking to another teacher or TA as they might tell the Head.
Is Occupational Health ever involved with issues like this?

(Sorry, I work in private sector in a completely different industry so I feel so I knowledgeable)

*unknowledgeable rather

As a TA, she should have a line manager who will probably be a member of the SLT. Confidentiality is not a given, the head may be informed, but surely they know already that your mum wants pt?

She should request an occupational health assmt who can advise the school about what reasonable adjustments they should be making. I think cancer is a protected diagnosis so there will be an expectation that school are supportive. Is the after school club in her job description or is it a good will thing?

I was in a similar situation but as a teacher and yes, Occ Health did get involved and a representative came out to discuss adjustments with both me and the head (no duty, special seats etc).

She should’ve automatically been referred toOH after such a long absence from work. That would’ve been automatic and nothing to do with the Head per se (the referral). They would then have made adjustments so she could return. Did that not happen at all? If not - she’llneed to contact HR - we use capita (north west LEA school)

Problem being that the school has already complied with the managed return when she came back at Easter. So now it’s a question of can she do the job she’s employed to do? Heartless, but that is how things are in schools now. Financial crisis pushes humanity into a small corner.

I'm a school business manager and there is so much wrong with how your mum is being treated I don't know where to start.

Has she officially requested flexible working? There should be a policy for this. In my LA all policies are available online.
Has she had an occupational referral?
As it's a local authority school, is redeployment to another school an option?

Although it doesn't sound like the HT is handling it well, I would say that we generally don't allow TAs to pick and choose with children they work with. Could your mum work with the "violent" child if she was given additional training?
And she should consider joining a union. Is she on a permanent contract?

From the 4 schools I’ve worked at the last decade they are absolutely not the environment for someone who can’t give a full 100% in every aspect of their job role as any role is too bad for others doing the same role to be expected to carry another, ie the other tas spending more time outside doing break duties in the middle of winter because you’re mum can’t there’s no way I’m afraid

This is why long periods of sickness on a regular basis is rife in schools

From the 4 schools I’ve worked at the last decade they are absolutely not the environment for someone who can’t give a full 100% in every aspect of their job role

That is such a shit attitude. That is why I am currently not working whilst schools are crying out for computer science teachers.

No I can't do playground duty but I can pickup other things for other colleagues.

That’s not necessarily true. We don’t know anything about the pupil. We only know the dm doesn’t want the job rather than can’t do the job

Did the head do a risk assessment? A referral to OH? Ask for advice? Make a 'reasonable adjustment'.

I had surgery to treat cancer on my foot a few years ago. I struggled into school because there was no one to teach my exam classes, but basically had to teach sitting down, didn't do any duty etc for a couple of months. I can empathise with your DM. I believe the Equality Act covers anyone who has had a cancer diagnosis, even after their treatment has finished. It may be worth looking into, especially if she makes a formal request for flexible working.

The other problem is that TA jobs are like gold dust, so if she leaves, there will be lots of applications for the head to choose from, and offer a yearly fixed contract rather than permanent. I know a number of teachers working as TAs who also do PPA cover for example.

I know this isn't the main point but isn't your mother entitled to her state pension by now? I'm 62 and have to wait until I'm 66 but I thought my friend who's 64 had claimed her state pension already. This plus her LG pension will probably be more than her current TA salary. (I'm a TA as well). She doesn't need the hassle nor the non-support of the HT.

www.macmillan.org.uk/information-and-support/organising/work-and-cancer/if-youre-an-employer/legislation-about-work-and-cancer.html

I'm sure not if this works. It discusses the Equality Act with regards to cancer and requests for flexible work.

Thank you so much for your advice.

In answer to questions:

• DM is actually not a member of a union anymore
• On returning to work there was no OH assessment
• she was born in 54 so she has to work until 67 yrs I understand

If her birthday is before April it's possibly 65 but otherwise it's 66. I thought it was earlier.

Here is the table of pension ages for 1954 birthdays. The age gradually goes up, but it could be quite soon if your Mum has an early birthday in the year.

Ah right yes it's 66, not 67 - she has a Nov birthday