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

@JanuaryChill

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.

Yep. Doesn't need ghettoising for either end of the spectrum and that's a pretty damn good example of why. I hope life is a lot better now? I'm a feminist so biased obviously but I do think our femaleness in this world is a pretty boundary crossing factor and many of our experiences transcend class and education and money.

Sorry grossly off topic but I remember as a single mum in baby groups listening to women talk about how their partner was harassing and guilt tripping them for sex after 2 weeks. Where else could they have voiced that and been reassured that no that wasn't fucking normal and didn't have to acquiesce to it.

@Saucery

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.

Yeah, I mentioned yesterday that as a teacher I'm on a temporary contract that runs out at the end of the year, and I think my school could use it as a reason not to renew.

I've sort of decided I don't care, because a) I think this is important and b) I think I could get a job elsewhere easily enough and I don't think my head/line manager would write me an awful reference c) I definitely could get supply work regardless.

But it is a tricky position to be in and I do think the unions are not always super in touch with the reality for their members.

Luckily, our reps started a collective action, and realistically, our school can't afford to fire/discipline half their staff right now!

Marking place x

I remember being pregnant and having to provide a urine sample and in the toilets they had little coloured stickers that you could stick to your urine sample that said 'I need help' without your partner knowing that you'd said anything.

That it was that common that they'd set up a signalling system in the only place the woman could be out of sight was so shocking.

Luckily, our reps started a collective action, and realistically, our school can't afford to fire/discipline half their staff right now!

That’s a good position to be in, I’m really not knocking the decision taken by any school worker, for or against going in.
Seeing as the offer of an NEU rep to come into our school was delivered in a slightly sarcastic tone by the Head and met with grumbles of “No thanks, what the hell for?” I don’t think my workplace is as unionised as it could be.

Impossible situation. Needs Public Health to grow some balls and advise LEAs etc to close.

@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!

That’s really crap-they seem to be suggesting that you shouldn’t do it as you might get sacked!

Glad my school is closing anyway, but I will sign it in a fortnight if nothing has changed.

The NEU were interesting this morning on the secondary LF testing, weren’t they? I had thought before Xmas that when it was optional, sensible secondary heads might just decide not to do it, but if they are forced to, as Gavin has made it mandatory, what will that look like if heads think it’s a really stupid idea?

Do they HAVE to put out the propaganda that it’s 97% accurate? Many heads have quite a way with words!!

@Saucery

Luckily, our reps started a collective action, and realistically, our school can't afford to fire/discipline half their staff right now!

That’s a good position to be in, I’m really not knocking the decision taken by any school worker, for or against going in.
Seeing as the offer of an NEU rep to come into our school was delivered in a slightly sarcastic tone by the Head and met with grumbles of “No thanks, what the hell for?” I don’t think my workplace is as unionised as it could be.

Impossible situation. Needs Public Health to grow some balls and advise LEAs etc to close.

I feel the same when you go to the toilet in the airport and there are stickers up for if you're being trafficked or your parents are taking you to their home country and you're worried they won't bring you back or taking you to get married. I mean useful idea but how fucking sad is it that we need that stuck to the back of every door at birmingham airport?

I think the chance of being dismissed is low, however it gets lower with numbers - I would not like to be the only person in a school using it, when you have 50% of staff using it it makes it much safer. Hence unions, being all about collective action. In England, does your head have the power to dismiss you, would that be a local authority decision or down to a head? I have never known anyone to be dismissed. Contact not renewed, or nudged into retirement, yes.
They would be on very thin ice giving anyone a bad reference for doing this.
I hope the decision is taken out of your hands and they just close.

Sorry I quoted the wrong post somehow - was supposed to be Noble's post about the stickers you could put on your urine sample.

@Saucery

Luckily, our reps started a collective action, and realistically, our school can't afford to fire/discipline half their staff right now!

That’s a good position to be in, I’m really not knocking the decision taken by any school worker, for or against going in.
Seeing as the offer of an NEU rep to come into our school was delivered in a slightly sarcastic tone by the Head and met with grumbles of “No thanks, what the hell for?” I don’t think my workplace is as unionised as it could be.

Impossible situation. Needs Public Health to grow some balls and advise LEAs etc to close.

That's a real shame- I hesitate to point out the obvious, but the lack of unionisation is probably a factor in staff being treated so badly.

But it's a vicious cycle.

Yy, Honey, Noble and January (I'm so glad you saw that poster, January.)

Nasuwt email

Some staff colleagues at my school have written to the headteacher to say that they will not be coming into the workplace on the advice of their unions. Is the NASUWT supporting this advice?
A direction to employees to attend work will be a reasonable management instruction and failure to comply will be a breach of contract by the employees involved with potential for the employer to take disciplinary action, implement a deduction in pay, or a refuse to pay them.

In circumstances where a union authorises or endorses or encourages its members not to attend or return to work in reliance on section 44 Employment Rights Act 1996 (ERA) (without a ballot mandate), would amount to the members being induced to breach their employment contract by the union.

In summary, a union’s conduct in supporting members who refuse to attend the workplace might be construed as, or at least alleged to be, a tortious act; inducement of breach of contract in furtherance of a trade dispute being the most obvious.

Further, members conduct in refusing to attend work, particularly where they are acting upon the union’s advice in concert with other members in the same workplace, might be construed as unofficial industrial action thus forfeiting the right to pay, or indeed, the right to claim unfair dismissal in the event of dismissal [see section 237 of Trade Union and Labour Relations (Consolidation) Act 1992].

Weve set off one finger to clean a classroom after a child had to go home poorly.

Set off all the fire alarms with it and we all had to evacuate and stand out in the rain for 25 mins. At least it was the ht who set it off!

The NASUWT have sent an email saying that refusing to attend is a breach of contract and that your employer can discipline you for it. They are advising to “voice concerns” and ask to see the risk assessment. Not sure if this has been mentioned on the thread already.

Feeling sick. The NEU members at my school are all chatting. I really wish we didn't have this decision to make. Tomorrow is an INSET. I'm really, really hoping that the decision gets taken out of our hands. We are still in tier 3 though so that is unlikely. No word from slt so no idea what they are thinking.

Oh I’ve literally just seen Noble’s post - not sure how I missed that 😂

I keep trying to post mammoth email just in from NAS but it won't let me!

Their position is so different!

Ugh

After the zoom call, I was feeling really reassured we were safe in taking this action, but the NASUWT stuff has made me feel sick.

The point is that risk assessments are a pile of shite.

My risk would be based on SLT not manging student behaviour and not ensuring students wear masks , for example ,in communal spaces. the risk assessment isn't worth the paper it is written on. They also aren't ensuring staff follow the RA.

Thanks staff. Think I need to take a MN break, feel like I've just lots it and been overly rude to lots of posters on a thread...

@MrsHerculePoirot

Thanks staff. Think I need to take a MN break, feel like I've just lots it and been overly rude to lots of posters on a thread...

Solidarity- I'm sure your rudeness was justified.

@Piggywaspushed

The point is that risk assessments are a pile of shite.

My risk would be based on SLT not manging student behaviour and not ensuring students wear masks , for example ,in communal spaces. the risk assessment isn't worth the paper it is written on. They also aren't ensuring staff follow the RA.

Yeah, I'm pretty sure our risk assessments say we are 2m away from students when teaching from the front.

I'm sure you can all imagine how true that is in reality.

When I was a very beleaguered primary teacher already in touch with my union and there was strike action about ?pensions (early '90s) I was grateful when my lovely Welfare Officer or whatever his title was told me that as the only teacher in a school (alongside the teaching Head) the Union certainly wouldn't expect me to follow the call to action!

Thanks for the supportive comments. Life is better although the kids still have to put up with him. And I have to watch the effects it has on them.

Abuse of all kinds is way more common than we all like to think.

I am intending to go in because I’m an NQT and really don’t want to stick my head above the parapet. I have no idea if anyone in my school will refuse to go in. I have just rejoined the NEU, though...