Advice please - demoted upon return to work. (Teacher)

[TheDovefromabove56]

I have been second in department in a secondary school for the last ten years prior to maternity leave. Before I returned to work I successfully negotiated with the HM to work three days a week or 0.6 of my timetable. At no point during these conversations was my position as 2nd in dept discussed and I assumed that prior to my signing a new contract I would have a conversation as to whether I would do the same job in three days (completely possible) or whether I would do some kind of job share with the person who had been covering the role whilst I was on Mat leave.

So I was quite shocked when today (during my first day back at work) I have been informed by my very embarrassed HOD that the man covering my role received a letter offering him second in dept as of next term! He hadn't even applied for the job or been asked if he wanted it.

So where do I stand? My understanding (and what I plan on saying to the HM in a meeting tomorrow) is that if you return to work part time this should not automatically lead to a demotion or to less money (pro rata). If relinquishing my position was part of the condition of returning to work part time this should have been made clear to me and there needs to be a good reason why I can't do the job in 3 days.

Is this correct? Is there anything else I should say? Many thanks.

Speak to your Union. Check what the current employment rules are for the school, if it had of been a state school then I think the job would have had to be advertised and 'open & fair' recruitment process followed.

You can't advertise a job that isn't available.
The job wasn't available because the OP hadn't resigned or been dismissed.

If you can find evidence of other teachers doing the job part time with TLRs that will also help your case!

In your school, obviously.

Don't be surprised if it is to do with them being an academy and they can get away with it.

However, it depends what you have to do as Second in Dept in terms of can it be done on a 0.6. Whatever, they should certainly have discussed it with you!

In my situation, I had to officially give up the post in writing. It was then advertised on the staff room board and the teacher doing the job on maternity leave had to officially apply through letter and interview for the permanent position.

Sorry to read this.

Contact Union - essential. Ask their advice. When I was being shafted they came round and talked for ages. Turned out Head had a record for causing upset and Unions had her marked.

Take a friend / union rep into meeting ( they might not be allowed to say anything but they are A: a witness B: show that you are serious.

Take notes in meeting, control speed of meeting, clarify any points made, reiterate what has been said.

Write your main points down before you go in. Be clear in what you want.

Don't loose your rag or cry. Keep calm and be the personification of reasonableness. Remember that getting your own was in the classroom is a way of life. Your SMT are just big kids and need dealing with.

Don't agree to anything there and then unless you are 200% happy with it. Ask, if you are being pushed, to let them know after, say, the weekend.

Ask to see policies - they may be making them up on the spot.

You may also be able to challenge what you 'agreed' to. Was it verbal or in writing?

Sadly your previous LA conditions may not apply. I am in a former LA comprehensive that decided to go down the academy route. We aren't in a group nor were forced.

My terms and conditions were tuped(?) across and applied for a year. Now they can adjust/alter/rewrite them. So far we have had few changes but some look to be in the pipeline - loss of thresholds etc.

Not that it will affect me! I'm retiring in 14 days. CP

How did you get on today?

My understanding is that if you took on your role as part of your job (ie. interviewed for teacher with second in dept. responsibility) at full time then they can take away the responsibility with the time element because the role is considered full time.

Its similar to relinquishing control of a TLR: if your job was advertised as having a TLR then you may be forced to give up all parts of your job because the two go together. This may be what has happened with you.