On
23/03/22, I made a Subject Access Request to my previous school’s council’s HR
as I had to the school before (see previous posts). Data protection law requires that such requests
for personal data are dealt with within one calendar month. I finally received
documents at the beginning of July… And the contents were woefully meagre. A lot of the communication I had had with HR over the years was not included. More importantly, unless the vast majority of communication between the school and HR had been conducted over the phone or in person, it is odd that was such little email correspondence between the head and HR knowing the number of unresolved issues.
Below is one of
three e-mails I was given. It was from HR to the head sent after my
Sickness Review Meeting – I have of course anonymised it and added annotations.
It concerns my sickness review meeting, a month after my breakdown. It is
mainly verbatim: I just added the odd bit of punctuation. A lot of the minutes are poorly transcribed.
For clarity’s sake,
I am first including the invitation from the school to attend the meeting:
______________
From HR to head
Sickness
Review Meeting – Informal 18th December 2019
Sickness
Absence – Due to Work Related Stress I held an informal meeting on 18th
December with [the head], Alex and [his] NEU [case worker].
It was a
difficult meeting as the teacher suffers from anxiety and depression. It ended
fine with an agreement to catch up early in January (no date agreed) and to
discuss the stress risk questionnaire provided to him at the meeting to
complete and return so that the head could prepare a stress risk assessment in
presence of HR and his [case worker].
[Alex]
wants to return to work but needs to feel the environment is safe. It all went
downhill when the [head] decided to send him an email listing all the areas he
needed to improve without a meeting first. This caused him to have a “clinical
breakdown”
and go off sick.
Following
the meeting I provided a draft letter and (example of templates for risk
assessment) to the [head]. She did not send me the final letter version of what
she issued out to Alex. I also have some management notes of the meeting that
helps to pick this one up as a date will now need agreeing to meet again with
the [head] and Alex and [his case worker].
[HR
minutes]
Me: When I arrived at Occupational Health the Doctor
advised to call beforehand. You mentioned I had been on a programme for the
last year.
Her: That is a misunderstanding. We spoke about the
email I sent to give context.
Me: The phone call lasted a long time.
Her: It took a while as [the business manager] was
not around and took time to find me. I pulled out the reason stress and anxiety
at work being the reason for absence. Is
there anything you want to say? What can we do to help?
Me: I worked very hard and the children made
progress yet I seem to be in the firing line.
Her: Would help to be given some context to email? I
disagree you are in the firing line
Me: The whole email is a list of complaints and as
far as I know talking to colleagues, I am the only one who has this, it was a
drop in.
Her: Appraisal policy says managers can drop in at
any time.
Me: Other members of staff are not treated the same.
Her: Not as far as I am aware; you need to
substantiate this to me.
Me: I cannot use this information.
HR: You can give information without names of the
drop in.
Her: Discuss issues I have looked at in classes. What
is the reason as this is about Alex? (sic) I am in regularly, looking at books,
monitor by walk around
and I feel I have been accused and take exception. I am absolutely not.
NEU: This is part of Alex’s perception. If you have
evidence X number teacher, performance issues it would be evidence to him that
he is not being targeted.
Her: My word as a Headteacher should be enough,
we monitor all classes, all week, to provide context, to give context to the
email, it was out on peer group review, maths had too much in them, and back to
see the lessons and gave feedback and this was changed (sic). The peer review
(ex-Ofsted) had very clear concerns on Alex’s classes,
this was the final review
we had maths and on top of monitoring that highlighted concerns about Alex’s
practice. I said on Monday following that I will drop in and went out on
Tuesday.
NEU: Lot of targets set, aware Alex says anxiety
(sic), do you feel it was appropriate?
Her: Given his experience, upper paid as number
things can be addresses easily (sic).
NEU: Do you think the targets were SMART (Specific, Measurable, Achievable, Relevant, and Time-Bound)?
Her: We have a support plan for leadership
and Alex reacted emotionally. I did not think it would be appropriate to go in
with SMART targets,
and more than happy to put together SMART targets.
Alex: You agreed verbal feedback.
Her: This was about leadership time.
Alex: You were aware of my mental health yet you
sent this email without warning.
Her: We had a discussion face to face and the
perception was you did not want to speak face to face. Please be clear how I
can communicate with you?
Me: Surely you agree the class is progressing?
Her: No I think more progress is necessary.
Me: About presentation?
Her: The amount work and curriculum coverage.
Marking and feedback for example Staff to write the policy is not implemented
(sic).
Me: I am following it.
Her: I think it is confusing the SLT you did not
like written feedback so we moved to coaching and mentoring.
We have since September, not doing observations, pupil voices and drop in (sic).
When received feedback I have tried to coach and it did not appear to get
through. If you want SMART targets I can do that. This is the basic teaching
standards.
NEU: The tone of the meeting, is not a meeting to
help Alex back to work. This is you reiterating your views, what are you
suggesting?
Her: Let’s go back to the OH (Occupational Health)
report; we are looking at the stressors. How do you want to do this?
NEU: I would suggest: how do you feel you can
implement these?
Her: I need to know what the work-related issues are
otherwise I am stumped.
NEU: Given Alex’s illness the email, if concerns
this is how we can help you (sic).
Her: Stress risk assessment, HR advised me to get
you to complete the questionnaire to help inform the risk assessment. When a
realistic time scale to send it back?
Me: First week January
NEU: Alex needs to take medical guidance.
Her: Is it needed before the return.
HR: Preferably, or during the phasing back.
Her: I would prefer if it was before returning.
Me: I have missed my children.
Her: They missed you; I will wait to hear from you
on a date.
Me: Phased return.
HR: Normally OH give advice
Her: Suggest one day first, 2 days second, etc
Me: Can we do more? I need structure.
Her: Risk assessment before.
Me: I don’t know I can suggest.
HR: We can check with OH.
Me: She didn’t know until work discussed the issues.
Her: We can review adjustments You can have regular
supervisions Would be me every week?
Me: I think it should be someone else, you and I
need mediation.
Her: Not sure possible due to budget restraints.
Me: You are aware I had a clinical out of body
experience, it was horrible.
Her: Noted that I had not been made aware other than
my observations.
Me: I told you.
Her: I’ve had no evidence in writing. People come in
all the time.
NEU: OH told you, surely a good relationship even if
not had in writing you would not send an email. It is not responsible, again it
is about Alex’s wellbeing and you are raising it.
Her: I am suggesting what is mentioned in the OH
report; I need to understand so I can put things in place.
NEU: No issues being a teacher, stress comes from
your demands and way you respond.
Her: What is your suggestion?
NEU: Another line manager and mediation.
HR: Is there anyone else you wish to have support
you?
Me: Yes, but I don’t want to say.
HR: An additional person could sit is a supervision
as observer for a while.
Her: Confirm back to me about regular supervision.
NEU: This is about support.
Her: I am struggling; I don’t want to impose my
thoughts do please give me more guidance.
NEU: I think we need to consider who and what is
appropriate.
HR: The stress risk assessment will help.
NEU: Perhaps leave it there for now.
Her: Wait to hear appropriate date to go over the
stress assessment, work related issues and operational adjustments we can
accommodate (sic).
NEU: Yes.
Me: How do you see my role?
Her: I just want you to come back; you are a valued
teacher.
Me: I don’t feel that.
Her: I am sorry you feel that way; I have not
communicated any different. I am a straight down the line person.
Me: When you are telling me it informal you never
told me external review (sic).
Her: Would that be helpful, I directed a Senior
Leader to help you.
Me: Helpful to have heads up.
Her: I can assure you that there is nothing I would
like more than you coming back.
Me: Do you regret email?
Her: There are a few quick wins and I did offer
support.
HR: Would you like a break? It is progress that you
are here today.
Me: Trust me I know. The children love me and
parents love me.
Break
NEU: Best to fill the questionnaire and agree a date
for a meeting in new year.
Her: Hold off and discuss work related, useful
school.
HR: We will write up in a letter what we agreed
today.
Her: Thanks for coming in today.
Dear
[head],
Please
see the suggested sickness script for holding the meeting with Alex. Also
attached is the link to the stress indicator tool which Alex should complete
and will help you to then meet and discuss and complete a stress risk
assessment with him.
Just to
inform you, [the] NEU [case worker] has been on the phone to me today
complaining as to why Alex is being asked to come in under CAP (capability) stage
1. I explained it is informal review and we need to meet with him as we have
the OH report to discuss and try to help support him back to work. He is
suggested that all the TU representatives are being targeted in school and are
subject to management actions. I reassured him that is not the case, that I am
supporting you and there are valid reasons for the actions taken in each case.
He is likely to bring this up again at the meeting, and quote the CAP is being
applied early to Alex as he considers Alex should not be meeting with you under
the procedure until he is absent for 2 months!! I
explained it is informal and reviewed on a case by case basis depending on the
circumstances but we could have more than one informal review meeting under the
procedure it doesn’t mean it will automatically then progress to the formal
stages of CAP at the next meeting.
Many
thanks,
[HR
officer]
______________
From head to me
Informal Meeting (Review Absence)
Thank you for attending the meeting
on 18th December 2019, with myself [Senior HR
Advisor - Schools HR]. You choose to
attend with [your Trades Union Representative – NEU]. I clarified that this was
an informal meeting and accepted the request from your representative for this
meeting to remove any reference to it being held under stage 1 (informal) of
the School's Capability Absence Procedure.
I explained the meeting was arranged
to review your continuous absence from your class teaching position since 7th
November to the present date (currently a total of 25 days), and to discuss the
latest advice received from our Occupational Health Advisor dated 6th December
2019 (copy attached) and consider what additional support could be provided to
assist an early return.
I will now summarise the main points
of our discussion.
You confirmed that you are currently
not well enough to return to work and have been prescribed with a high dose of
anti-depressant medication. You have also been referred for psychological
therapy but did not have a date of when this will commence. You explained you
wanted to return to your teaching role and had hoped that this would return in
the new term as you had missed teaching the children and wished to get back to having
some structure and routine. You sought clarification regarding detail contained
within in the Occupational Health report dated 6th December, stating you had
been "on a monitoring programme for the last year". I confirmed that
this was incorrect and an error due to a miscommunication between myself and the
Occupational Health Advisor.
You explained that you felt undervalued and criticised despite working very hard
and stated that there was evidence that your class children had made progress
with their writing skills. You considered the email from me dated 5th November
had listed targets that were not SMART and that I had sent this negative
communication without due regard to your health or medical condition. You
described the impact of the content and timing of this communication as causing
you to have a "clinical breakdown".
You confirmed that you did not feel ready to discuss the detail of the work
related issues at present.
In response I clarified that all
teachers are required to be working at a minimum level that meet national Teaching
Standards and that teachers work consistently within the school's policies.
Following feedback from teachers, the school has recently adopted a coaching
and mentoring model for our monitoring and evaluation cycle, and prior to your
absence I had meetings with you to support you on a one to one basis
in addition to the support provided by other members of the leadership team. To
provide context to why the email of 5th November was sent, I
explained that this was following areas for development identified from
external consultants and specifically from peer review feedback that I received
regarding your performance and I then undertook a "drop in
observation" of your teaching lesson in line with school policy.
Due to my time restraints, I followed this observation up in writing to detail
the areas for improvement. It was always my intention to then arrange a follow
up one to one meeting with you and to agree a plan with SMART targets.
Unfortunately, I had no prior medical evidence as to your current medical
condition or evidence of the
existence of any Health & Safety Risk Assessment and had been assured by you
that you were well enough to be in work. I can assure you that going forward I
will discuss all feedback with you in person before any written feedback is
provided and I will also ensure that all of the leadership team take the same
steps.
I reviewed the advice in the
Occupational Health report that recommended we undertake a stress risk assessment
to help identify the work-related issues and make any operational adjustments
necessary within organisational feasibility. I provided you with a health &
safety questionnaire to complete and return to me by 6th January. We
agreed that you would communicate when you would be able to meet again in early
January 2020 to complete the Stress Risk Assessment together before you return
to work on the recommended phased return over 4 weeks. Once you have notified
me with which date is suitable for you, I will liaise with HR and confirm this
in the new term.
As before, you are entitled to be
represented by your trade's union representative at this meeting.
I proposed that when you are assessed
as fit to return that a proposed return could be agreed on the following basis
and shared with your GP and the Occupational Health Advisor but that we could
review on a week by week basis if appropriate.
This is a proposal and therefore can
be amended accordingly.
Proposed Phased Return - Hours on
Return
Week 1= 1 days
Week 2 = 2 days
Week 3 = 3 days
Week 4 = 4 days
We discussed having regular
supervisions on a weekly basis. It was suggested that initially the meetings
could be supported by another member of SLT as a third party observing. You
agreed to give this some consideration and that we could discuss again in the
New Year.
I would also like to offer you
private counselling (…) that will be paid for by the school. They can provide
up to 6 sessions of face to face or telephone counselling. This is confidential
service and we do not receive any feedback or any details of the sessions with
you. Should you wish to take up the offer please email [HR], providing your
mobile telephone number and the area that you reside in and she will pass these
details to [practice] who will make direct contact with you to make the necessary
arrangements.
I hope you agree this letter
accurately summaries the main details of our discussion. Should you wish to
make any amendments/comments please do so by returning these in writing to me
with a copy of this letter. If you should have any queries however, please do
not hesitate to contact either myself or [HR].
In the meantime I do hope that your
health improves and that you understand that you are a valued member of our
teaching team here at (...) Primary School who is missed by the children and
your work colleagues. I look forward to seeing you in the New Year.
Yours sincerely,
Headteacher
______________
Dear
[head],
I'm
writing as requested in response to your letter dated 19th December. In it you
state: "We agreed that you would communicate when you would be able to
meet again in early January 2020 to complete the Stress Risk Assessment
together before you return to work on the recommended phased return over 4
weeks. Once you have notified me with which date is suitable for you, I will
liaise with HR and confirm this in the new term. As before, you are entitled to
be represented by your trade union representative at this meeting."
Knowing that [my case worker’s] general availability for representation is
Wednesdays and Fridays, I'd like to suggest that we meet on Wednesday 8th
January at 10am, if that suits everyone? You also wrote: "I hope you agree
this letter accurately summarises the main details of our discussion. Should
you wish to make any amendments/comments please do so by returning these in writing
to me with a copy of this letter. If you should have any queries however,
please do not hesitate to contact either myself or [HR]." I would like to
make several points in response which I can also send in hard copy if required.
o
"In
response I clarified that all teachers are required to be working at a minimum
level that meet national Teaching Standards and that teachers work consistently
within the school’s policies." I believe that I have been working to these
standards throughout my teaching career.
o
"Following
feedback from teachers, the school has recently adopted a coaching and
mentoring model for our monitoring and evaluation cycle, and prior to your
absence I had meetings with you to support you on a one to one basis in addition
to the support provided by other members of the leadership team." The
meetings you had with me were about my subject leadership not regarding any
presumed support needs for my teaching. I had spent a significant amount of
time on computing because I had reason to believe this took precedence over
MFL. When you expressed concern about MFL, I took immediate steps to complete
my action plan targets.
o
"To
provide context to why the email of 5th November was sent, I explained that
this was following areas for development identified from external consultants
and specifically from peer review feedback that I received regarding your
performance and I then undertook a “drop in observation” of your teaching
lesson in line with school policy." None of the peer review feedback was
shared with me. At no point before your 'drop-in' was I informed of anything
being remiss in my teaching practice. Surely, this goes against the principles
of the 'coaching and mentoring model for our monitoring and evaluation cycle'
that you have adopted.
o
"Due
to my time restraints, I followed this observation up in writing to detail the
areas for improvement. It was always my intention to then arrange a follow up
one to one meeting with you and to agree a plan with SMART targets. Unfortunately,
I had no prior medical evidence as to your current medical condition or
evidence of the existence of any Health & Safety Risk Assessment and had
been assured by you that you were well enough to be in work." I had
clearly expressed on more than one occasion in meetings with you that I had
been struggling with work-related anxiety and depression which was triggered by
the lack of time to carry out additional activity beyond teaching my class.
Before the e-mail of 05/11/19, you had even suggested that I take time off (in
your e-mail to me of 31/10/19 you said "if you need time at home then I am
sure we can support this" see footnote 33) although I still do not see how this suggestion
takes account of my repeatedly expressed concerns about not having enough time
to complete the extra-curricular tasks.
o
I
note your offer of confidential individual counselling (not mentioned in our
meeting) but in the first instance I prefer to pursue the full range of support
options available to me that exist outside the school's budget.
Best
regards,
Alex
Gwinnett
Class
Teacher
___________
I received a response from the head that she had noted my comments but nothing was ever made official.
More on this later…