The Thirty-ninth Republic - Covid Carnage continues and spring term is just about to start

[SantaAssociationRepresentitve]

You are most welcome to this school staff support thread to get us through stressful times. It is meant for school staff only – a sort of room of requirement. Baiters, haters, goaders, and bashers can jog on somewhere else.

If you are NOT staff and just have a general education query please start your own thread.

You can play here if you are a member of one the following groups-

-ABBA - anti bashers and baiting association
-SWAB - school workers against bashers
-SWOT - school workers opposing teacherbashers
-STARS - schoolworkers together against ranting + slurs

Do not give the staffroom password just in case it attracts the wrong sort

Other requirements for staff room entry include the ability to find the staff room, the ability to find a clean mug in the staff room, knowledge of the photocopier codes, and the ability to sniff out where the booze is stashed - Thirsty Tuesdays, Fizz Fridays now in operation.

If you come with a stick to goad us then that is not allowed in the staffroom and you will receive a detention

Thanks staff 🙏

Fully fumigated but the fogging machine has now damaged the photocopier!

Dammit! Back to old school teaching...

Another deleted thread!

Thanks Staff!!

The trick is not letting the photocopier sense your stress. Ours is a very nervous piece of technology which seems to suffer from stage fright.

Cannot believe Boris on AM, or that you all go back in some way tomorrow.

Jumping on again!

So long as it didn't contaminate the gin! It's not dry January till tomorrow at least here.

Love the way we seamlessly move from staffroom to cupboard and back to staffroom again. This is the kind of flexible resilience and transferrable skills you get from a decade of austerity!

Thanks Staff!

Saw this on my Nas Facebook

I have seen that a number of people have asked why we are not doing what the NEU are doing. A colleague of mine in the NW posted this yesterday which sums up the issues around the H&S law related to Section 44:

NASUWT is not advising members nationally to use Section 44 of the Employment Rights Act. As with any employment legislation, it is not straightforward. The general understanding that is being thrown around social media at the moment is that you can refuse to attend your workplace if you feel that there is a "serious and imminent" danger to your health and safety. The understanding is that your employer cannot then dismiss you.
If I were to take each part of the legislation and apply it to current circumstances, this would be a very lengthy post, and, please remember, I am but a teacher, who is a trade union rep, with rather a lot of experience around employment law, and how it rarely works in favour of the employee.
So, rather than explain S44 itself and the various caveats to the refusal to work, and whether it is a reasonable refusal, I will outline what happens if an employee uses it.
The law does indeed state that if an employer dismisses you for exercising your rights under S44, it would be an unfair dismissal. This does not mean that your employer cannot dismiss you for invoking this right. They can and many will. Employment law is not like criminal law - nobody is going to 'arrest' your employer and stop them from sacking you (of course, trade unions have a very good record of preventing this, and do try). Breaches of employment law can only be challenged through the court system, after the event. The onus is on the employee to bring a case against their employer. You may win your case in a tribunal, if you can prove that you ticked all the boxes of the legislation. But we must be mindful of the very rocky road, surrounded by deep ditches on either side, to get justice for such a dismissal.
Getting to the actual tribunal can take at least two years, at the moment. During that time, you will have no income and, probably, no adequate reference from your previous employer to gain another teaching post. Legal representation will also be a further cost. Yes, trade unions provide legal representation in some cases but this is never guaranteed as they have to judge each case on its chances of success. Remember, it is members' money that is used to provide such representation.
Maybe, you will get to the tribunal stage. Maybe, the tribunal will decide that you have little or no chance of success and strike your claim out without even giving you your day in court. If you do get to the tribunal, the chances of them ruling in your favour are 50/50.
Yes, there may be a chance that you win your case (depends on each individual case) but the hardship and despair along that rocky road might make it quite a pyrrhic victory.
It's worth remembering that the right under S44 applies to individuals, not collectives.
Please do not misunderstand me. I am not saying that the right under S44 cannot be used at all but, given the many pitfalls and risks, it is not a national strategy that we can advocate using. If you feel that your school is a case where this legislation would apply, contact your Local Secretary, who will advise and support as necessary.
NASUWT is not advising members to use Section 44 of the Employment Rights Act. Please see the advice and guidance that has been sent out.

Thank you.

2021 a better year than last? There's still time!

@DollyMixtureLulus

The trick is not letting the photocopier sense your stress. Ours is a very nervous piece of technology which seems to suffer from stage fright.

Cannot believe Boris on AM, or that you all go back in some way tomorrow.

My interactions with the photocopier have become a bit of a running joke with some staff.

I work Monday, Wednesday and Friday with late starts so tend to come in about an hour early on a Monday to do my photocopying in the main staffroom which has all been sent to the job box on the machine there.

Virtually every single fucking time the minute I get to the thing it decides to have a meltdown. I'm all like I have to get this shit copied, I need it for next period, I'm not allowed in my department staffroom so it's here or no fucking where etc.

A few bastards, who I'm exceptionally fond of in an informal only at work kind of way, indulge in my suffering and panic and belligerent shouting at an inanimate object as the highlight of their week. To the point where some of them are piping up even as I walk towards the bloody machine.

Hmm not finding that nasuwt quote particularly balanced - they could have said test the water first, see what page your head is on, talk to your colleagues whereas they've seemingly just said don't do it, be afraid!

There's a lot of inbetween and safer ground available to use this this as a tool of negotiation and subtle cooperation between heads and teachers. It doesn't have to be confrontational.

@TheHoneyBadger

Hmm not finding that nasuwt quote particularly balanced - they could have said test the water first, see what page your head is on, talk to your colleagues whereas they've seemingly just said don't do it, be afraid!

There's a lot of inbetween and safer ground available to use this this as a tool of negotiation and subtle cooperation between heads and teachers. It doesn't have to be confrontational.

Exactly Honey

Thanks again, Staff

A wise old ex union rep told me years ago to make sure that if you lead a charge wrt workers rights then make sure the other buggers aren’t just standing at a safe distance behind watching you.

No I don't like that NAS response.

Also, what schools have the time or money to spend going through wrongful dismissal stuff?

Well it also ignores the fact of where are they going to employ a competent teacher to replace you? It's not mcdonalds and we're in the middle of a crisis. We have some degree of negotiating power if we handle it responsibly and heads and teachers aren't the equivalent of the ceo of mcdonalds and a cashier. We tend to be more on the same page as off of it.

Though tories did bring in that £1000 fee to access the tribunal system teachers (some of whom will be relatively comfortable with mortgages paid off and not far off their pension) might not be the demographic to test how much of a deterrent that is with.

For many support workers it wouldn’t need outright dismissal. We are on zero hour or yearly contracts, or minimum 5 hr contracts etc. Staff who don’t fit get cut right down to that in the hope they will leave to find more hours somewhere else. I would advise caution to anyone in that position about going in with a letter invoking safe working practices.
And I know that sucks, I know it is unfair and I wish the unions had the backs of teachers and other staff more than they do, but as above, you could turn around and see all your cheerleaders (including the union reps) waving sadly at you from a safe distance and you’re out of a job, or enough hours to make one viable, at any rate.

Oh for sure Saucery, I would hope it is the secure teachers in the kind of position I described above who would lead the way.

Thanks staff

I have completed the task of taking down the Christmas decorations. Can't believe it's back to work tomorrow! I don't feel quite ready yet

Maybe it's all the uncertainty around everything that's making me feel underprepared. A few of my team are really stressing and I am desperately trying to reassure them.

@RigaBalsam

Saw this on my Nas Facebook

I have seen that a number of people have asked why we are not doing what the NEU are doing. A colleague of mine in the NW posted this yesterday which sums up the issues around the H&S law related to Section 44:

NASUWT is not advising members nationally to use Section 44 of the Employment Rights Act. As with any employment legislation, it is not straightforward. The general understanding that is being thrown around social media at the moment is that you can refuse to attend your workplace if you feel that there is a "serious and imminent" danger to your health and safety. The understanding is that your employer cannot then dismiss you.
If I were to take each part of the legislation and apply it to current circumstances, this would be a very lengthy post, and, please remember, I am but a teacher, who is a trade union rep, with rather a lot of experience around employment law, and how it rarely works in favour of the employee.
So, rather than explain S44 itself and the various caveats to the refusal to work, and whether it is a reasonable refusal, I will outline what happens if an employee uses it.
The law does indeed state that if an employer dismisses you for exercising your rights under S44, it would be an unfair dismissal. This does not mean that your employer cannot dismiss you for invoking this right. They can and many will. Employment law is not like criminal law - nobody is going to 'arrest' your employer and stop them from sacking you (of course, trade unions have a very good record of preventing this, and do try). Breaches of employment law can only be challenged through the court system, after the event. The onus is on the employee to bring a case against their employer. You may win your case in a tribunal, if you can prove that you ticked all the boxes of the legislation. But we must be mindful of the very rocky road, surrounded by deep ditches on either side, to get justice for such a dismissal.
Getting to the actual tribunal can take at least two years, at the moment. During that time, you will have no income and, probably, no adequate reference from your previous employer to gain another teaching post. Legal representation will also be a further cost. Yes, trade unions provide legal representation in some cases but this is never guaranteed as they have to judge each case on its chances of success. Remember, it is members' money that is used to provide such representation.
Maybe, you will get to the tribunal stage. Maybe, the tribunal will decide that you have little or no chance of success and strike your claim out without even giving you your day in court. If you do get to the tribunal, the chances of them ruling in your favour are 50/50.
Yes, there may be a chance that you win your case (depends on each individual case) but the hardship and despair along that rocky road might make it quite a pyrrhic victory.
It's worth remembering that the right under S44 applies to individuals, not collectives.
Please do not misunderstand me. I am not saying that the right under S44 cannot be used at all but, given the many pitfalls and risks, it is not a national strategy that we can advocate using. If you feel that your school is a case where this legislation would apply, contact your Local Secretary, who will advise and support as necessary.
NASUWT is not advising members to use Section 44 of the Employment Rights Act. Please see the advice and guidance that has been sent out.

Thank you.

2021 a better year than last? There's still time!

Ugh, that's really worrying.

The NEU seemed to think that our chances of being dismissed were really low, because NAHT and ASCL are broadly on board with the action and have advised their members not to take any action against staff using the section 44.

www.mumsnet.com/Talk/the_litter_tray/3956504-Whats-your-DCat-up-to-today-Thread-8?msgid=103250415

If any cat pic lovers need light relief head there. I've seen the title in active so many times and assumed it was like a code for a support group who'd sprung out of a thread but finally clicked on it

I was the middle class mum going to Surestart groups (in fact first encountered them at the mums and tots group I ended up running). I remember thinking, "This is ironic, where are all the deprived mums?"

Then I accessed a short parenting course. Read a poster on the back of their toilet door, which stayed in my head. It was actually aimed at teenage mums but spoke to me. Wording something like this:

"Does your boyfriend keep telling you how pretty you are?

Pretty .... clumsy!
Pretty c in bed!
Pretty c at everything!

This is abuse."

At the end of the parenting course the facilitator had said if we had individual issues we could have a 1:1 chat with her. I arranged to meet. We only talked for about 10 mins before she had me on the phone to Women's Aid.

Reader, I never looked back!

Have often wondered how many mums with hidden needs they end(ed) up supporting.

Personally I don't feel like those union letters (remember one last year) should ever arrive in your boss's inbox without prior warning. There should imo ideally be a conversation first and a tentative exchange leading up to it. I definitely wouldn't want to be the nqt whose only been there ten minutes sending that out of nowhere to the head.

NEU zoom call is here