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Work refusing to let me leave

345 replies

Summerreid · 04/07/2022 16:26

This has happened twice now where I have needed to leave during the day and work have refused, saying there is no one available to cover (secondary school teacher.) Just wondering if anybody knows what my legal position is.

OP posts:
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6
Sswhinesthebest · 05/07/2022 08:37

I hope the colleague whose dad had died, just walked out. That’s appalling.

I think next time I’d say, “in half an hour I am going to leave. If there is no one here then, the class will be on their own”. And make sure there are witnesses or it’s in writing, so the notice can’t be disputed.

ImAvingOops · 05/07/2022 09:06

Some nurseries and schools are very quick to call parents at the slightest sign of a sniffle. And if you don't collect immediately, they behave like you need social services intervention! The amount of times I've collected a 'dying' child, only to have him bounce around like Tigger once they got home!
Back up childcare that isn't from a family member is near impossible to get for a sick child - no cm wants them in their setting.

Back in the 70s when I was a kid, schools had a sick room and a school nurse. If we could return to that, it would help out a lot of working parents and cut down on the skiving of kids who just fancy going home.

OP, I would advise that you speak to your union to establish your rights if you absolutely have to leave and there is literally no one else who can get your child.

Schools would be mad to potentially lose a decent teacher for the sake of being accommodating occasionally.
No ones child will die if the teacher needs to miss the odd lesson - it's really not comparable to being a surgeon

MistressIggi · 05/07/2022 09:28

How often (covid aside) does this actually happen, and for how many years out of someone's working life?
I didn't realise when my mother died I should have given up my job, I think I've had 3 occasions since then that I've needed to leave (dh did the rest) and that was during an actual pandemic when you could be sent home for a high temperature. Is it worth losing me as a teacher for those 3 times? I wouldn't personally think so, but if the last few years have taught me anything it's that some (I hope not many) parents think teachers are dirt.

DasGirl · 05/07/2022 09:51

You're absolutely right @MistressIggi How often do staff actually have to leave over their entire career?

I'm not a teacher, but nhs which is another area that runs on a huge amount of staff goodwill.

Mine are older teens now but I can honestly count on one hand the number of times I've had to leave work to collect a sick child. I split it with DH and I always make sure my manager knows it's my "turn" this time as he did it last time, I work part time which I know cuts down the odds of it landing on a work day.

It seriously is not worth losing valuable, highly trained staff for the sake of a few occasions over an entire career where a parent may have to leave for a sick child.
Any workplace that doesn't recognise this is not investing in staff retention.

Time to look to work somewhere that actually is interested in keeping good staff

BobLemon · 05/07/2022 11:11

@Summerreid you have a right to leave under the Employment Act 1996 and are protected under the Maternity and Parental Leave Regulations 1999. Images attached for you. I don’t know this area of law, but I imagine there is case law around it.

Dixiechickonhols · 05/07/2022 11:58

The suggestion of nursery calling office is a good one then it’s recorded that nursery have called and you are already away from class.
Schools aren’t exempt from employment law and h & s requirements.
You’ve had a hard time as it’s not your sickness you are leaving for but it’s same principle. There will be odd times that you simply have to leave - management can’t leave a teacher puking in a bin in charge of 30 kids. For most people it will be a few times maximum they have to leave work suddenly.

Maireas · 05/07/2022 16:21

MonteStory · 05/07/2022 07:54

It is factually in accurate to say state schools do not have HR ‘as such’. They do have HR. That’s why I said it was an odd thing to say.

Obviously in the first instance issues would be dealt with through managers, perhaps this has been your experience.

You are right, that certainly has been my experience.
Whatever the situation, I think you're right that the OP needs further support from whoever can cut her some slack!

Maireas · 05/07/2022 16:25

I agree with pp that all schools rely too much on teacher goodwill.
A bit of goodwill from the SLT would support many of us, including the OP.
It's really heartening to hear of schools in Scotland and other places which do so.
Good advice on here, OP. Not your fault you don't have a network.

woodlands01 · 05/07/2022 21:49

It’s the practicalities of that in a large secondary school, @PrivateHall - you can’t wander around hunting for a colleague and begging them for a favour if you have a class.

In my school we would messgae 'maths' and ask for a favour and it would be covered. Advantage of a large secondary school

woodlands01 · 05/07/2022 21:50

Sorry - think this post makes the reply clearer:

It’s the practicalities of that in a large secondary school, @PrivateHall - you can’t wander around hunting for a colleague and begging them for a favour if you have a class.

In my school we would message 'maths' and ask for a favour and it would be covered. Advantage of a large secondary school

LondonQueen · 05/07/2022 22:28

My school has always been supportive in letting me leave when DC have been unwell. However it has been at times when SLT have been available to cover. I'm not sure what would happen if they were in meetings etc.

JustLyra · 05/07/2022 22:30

In many schools I worked in how that was dealt with depended on the Head.

there are certainly some who’d say no to a staff member they thought wouldn’t challenge them or feel intimidated into not leaving when they needed.

madasawethen · 06/07/2022 01:16

OP the questions you are asking aren't going to be answered here on mumsnet.
You'll need to get with your union or an employment attorney.

I've RTFT and you're being a bit precious about this.
You work 3 days a week. You're asking to leave every time your child has a sniffle or tummy ache.
The school isn't going to bend for you and they don't have to.
Your situation is nothing like the colleague who had a death.

You have 2 solutions.
Find somewhere else to teach where they will accommodate you.
Quit and stay home.

girlmom21 · 06/07/2022 07:25

You're asking to leave every time your child has a sniffle or tummy ache.

You clearly haven't RTFT as she said it's happened twice and it's when her child is vomiting.

Dixiechickonhols · 06/07/2022 09:46

madasawethen we don’t have employment attorneys! We have Solicitors and employment rights. Nursery will only call if they can’t keep a child - it’s a rare occurrence usually.

MrsOwainGlyndŵr · 06/07/2022 11:37

we don’t have employment attorneys! We have Solicitors and employment rights.

Some people watch to much crap American TV.

Dixiechickonhols · 06/07/2022 13:10

MrsOwainGlyndŵr · 06/07/2022 11:37

we don’t have employment attorneys! We have Solicitors and employment rights.

Some people watch to much crap American TV.

I was assuming poster was American giving advice on an English employment law issue. ‘Stay home’ is a very American saying.
I suspect her head would explode if she knew Op was entitled to 12 months off on maternity leave for each baby.

madasawethen · 06/07/2022 13:48

Dixiechickonhols · 06/07/2022 09:46

madasawethen we don’t have employment attorneys! We have Solicitors and employment rights. Nursery will only call if they can’t keep a child - it’s a rare occurrence usually.

Seems you understood what I meant.

Correcting someone's speech doesn't make you smarter. It just makes you rude.

Dixiechickonhols · 06/07/2022 15:17

madasawethen · 06/07/2022 13:48

Seems you understood what I meant.

Correcting someone's speech doesn't make you smarter. It just makes you rude.

It’s not correcting speech though it’s fundamentally incorrect. There’s no need for a mother to give up work because they might occasionally need to get a sick child as England have laws to cover that. If you are in a country that has fire at will and treats women appallingly with no paid maternity leave it’s a completely different kettle of fish.

riesenrad · 13/07/2022 15:47

Surely the parents should have to arrange for someone else to collect them if they can’t themselves Nurseries, schools etc all require a second and sometimes 3rd emergency contact for this reason

they can require it as much as the like. If you don't have it, what can they do? I did have my mother has 3rd contact but she was/is 3 hours away, so not much use if my son was puking everywhere. Some MNers are completely out of touch about how small peoples' families are or how friendly neighbours/other parents are in some areas (ie not very).

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