Employment Law - Help Needed ASAP

[Tipo]

All depends on her contract, I can only assume a teachers contract will state 6 months full pay and then six months half pay for sickness, if she's been asked to take a career break, then once again I can only assume that hey want her to take a break whilst they hold her post open, normally within agreed timescales.
It's a very sensitive issue and she will need to check the detail of the contract, sorry to hear about your Dad, I'm nearly that age.

 

[117 M34]

Get her to phone the regional office instead of her local union rep.

You will find lots of schools are like this now unfortunately, after 17 years she will be on a fair whack and they will probably have had budget cuts so might be looking to get rid for someone cheaper.

To be honest, if they want rid of her, they will get rid of her, one way or another. If she fights it and wins, they can just put her on capability when she returns and get rid that way. It might be best to look for a compromise agreement and get out with a cash settlement.
Contrary to popular belief, it is quite easy for a school to get rid of teachers.

Is it a state school or an academy?

 

[andyhinch]

I use someone who's good I'll have to find her number, might cost £100'ish

 

[urmston]

Mum is a teacher, has been for 17 years. Last August, my dad was diagnosed with terminal cancer and given months to live. Mum was his full time carer, looked after him 24/7. Dad sadly passed away last November aged 49. In her contract she is entitled to 6 months full pay, followed by 6 months half pay. September to February was full pay, now currently on half pay. The school are forcing her into a career break which means she won't be payed, and isnt guaranteed a job back at her school which she plans on going back to in September. Can they "force" her into this break?

Since you mother's sad bereavement it has been 4 months. Your mother has now been off work quite a long time after it. A couple of weeks is the norm for bereavement. To stay off work for 10 months after a bereavement is not a realistic expectation. 10 days is more usual. I'd say your mother has already been treated very kindly by her employer.

Consult the union, but extended periods of absence from work are usually only allowed for illness, not bereavement.

 

[Danny St.helens CTID]

Hi rick,

Simple answer no they can't if it's in her contract she gets 6 month half pay, same law etc as pregnancy and human rihghts and equal opportunities etc, end of day sorry to say it but she didn't choose for ur dad to pass away, my partner is all trained up in employment law, wages management etc, (in health care) which every move gets scrutonised, she said go to ACAS or if u want to pay go to a company called essential HR they will charge you but will give advice, she also said (under the radar) that ur mums best position is to go on long term sick, and then all of a sudden it's due to the stress of what's happened due to work etc, trust me mate they will then see there arse, and she will be paid all sickness etc and find them self in breach of contract and employment law, if u need any help pal drop me a pm and il send u my number

Danny

 

[rickmcfc]

Hi rick,

Simple answer no they can't if it's in her contract she gets 6 month half pay, same law etc as pregnancy and human rihghts and equal opportunities etc, end of day sorry to say it but she didn't choose for ur dad to pass away, my partner is all trained up in employment law, wages management etc, (in health care) which every move gets scrutonised, she said go to ACAS or if u want to pay go to a company called essential HR they will charge you but will give advice, she also said (under the radar) that ur mums best position is to go on long term sick, and then all of a sudden it's due to the stress of what's happened due to work etc, trust me mate they will then see there arse, and she will be paid all sickness etc and find them self in breach of contract and employment law, if u need any help pal drop me a pm and il send u my number

Danny

Cheers mate. I will start with acas in the morning and take it from there. May send you a pm tomorrow if we need any more help or advice

Thanks once again

Really appreciate it.

 

[Danny St.helens CTID]

Rick if u need her mate she will help all she can pal, pm me if need anything or need ask anything mate

 

[Andy Dale]

I think you should go round to this school with a gun . . . . sorry . . wrong country .