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Facing a disciplinary meeting after I’ve left

In May 2014 I resigned from my job as a teaching assistant due to securing a place on a Maths PGCE. My last working day with the council was 30th June 2014. On the 12th June I was approached by the deputy head who asked me to go home while they investigated an allegation made by a parent that I had removed her son from the classroom. It was widely known that the boy was at the school due to an alleged incident with a teacher at his mainstream school.The school is a short stay one for kids who have been excluded from mainstream school. This boy was being disruptive, swearing profusely and refusing to follow instructions. I removed him from the classroom following the school policy and government guidelines on this procedure. On the 26th June there was a meeting held, which I did not attend but provided a statement, where the head found that she wasn’t satisfied with the evidence ect and that a further meeting would be held. She says that I have broken ‘trust and confidence’ and the meeting will be with the dismissal and disciplinary committee. If anyone can help my questions are these: how can they hold a dismissal and disciplinary committee meeting for someone who has already left? What could they possible hope to achieve? I’ve been advised to just ignore it but its nagging at me, surely they wouldn’t hold the meeting if they didn’t have an outcome in mind?
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Comments

  • stevemLS
    stevemLS Posts: 1,067 Forumite
    I think this is more tricky than it first appears.

    I would hope they don't have an outcome in mind, the purpose of the meeting is to consider the evidence and decide the outcome based on that. An allegation has been made which they presumably feel duty bound to follow through.

    The reason I think it is more difficult is that, I am assuming that doing a PGCE you wish to become a teacher, you may find that if you have on your record a "dismissal" or a finding against you of some sore of inappropriate behaviour, that this affects your chances of becoming a teacher.
  • Poppie68
    Poppie68 Posts: 4,881 Forumite
    Tenth Anniversary Combo Breaker
    Who's advised you to just ignore it? I would be thinking of attending if i was you and fighting your corner, the outcome could effect your future career choice.
  • double_mummy
    double_mummy Posts: 3,989 Forumite
    1,000 Posts Combo Breaker
    this can be very bad if you are trying to be come a teacher having misconduct on your history will mean a lot of school wont touch you when it comes to you finding a job

    you need to fight this as hard as you can attend all meetings and put your side across
    The only people I have to answer to are my beautiful babies aged 8 and 5
  • Transformers
    Transformers Posts: 411 Forumite
    Sixth Anniversary Combo Breaker
    Why didn't you attend the first hearing?

    What details have they provided to support the outcome / decision?

    You say you followed procedures for removing the pupil BUT the decision-maker appears to have found otherwise. Why?

    This will affect the whole of your future aspirations if you want to work in education - I'm surprised you haven't already considered this.

    You need to engage fully in the process and treat it seriously not just assume it's meaningless because you have already resigned.

    Are you in a union?
  • Is there a possibility of them reporting you to a professional regulatory body for teachers that might affect your future qualification? If this was a job in a shop I'd ignore it; but then these proceedings probably wouldn't be going ahead if it were a job in a shop.
  • zmm123
    zmm123 Posts: 15 Forumite
    Thanks all for your comments. In answer to some questions:


    1. I did not attend the meeting as it coincided with an exam I was taking


    2. How can they refer me to the teachers professional body when I am not yet a teacher? I haven't committed a criminal act


    3. I am not in a union and both ACAS and a solicitor said there is nothing they can do (they had already accepted my resignation and I have already left. They cant now change it to a dismissal - can they?) so to ignore it. I don't feel it is correct to ignore it


    4. I do plan to fight whatever decision they might make at the next meeting but I want to be armed with as much information as possible. It seems that this situation is so absurd and no-one seems to have heard of this before. Even ACAS.


    5. Government legislation clearly states that if a pupil needs to be removed from the classroom professional should be supported in this. The student I removed was fine, he was still hanging around the school getting into more trouble after the alleged incident. The parents have a history of making complaints and maybe think there is something in this for them.


    I know that I haven't acted in a way that was unprofessional but the fight that lies ahead of me is unfair and ruining what should be a happy start of my future career
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    Professional bodies generally take into account "prior conduct" when deciding whether to admit as a member/licence any particular individual - that is why I think this could potentially cause you future problems.

    So the fact that you are not currently a teacher is, in my view, immaterial to the potential impact.
  • surfsister
    surfsister Posts: 7,527 Forumite
    I've been Money Tipped!
    presumably they hope to smooth things over with the parent and as you have left and couldn't attend the meeting think you won't fight it. had a similar incident when I was a TA. a male TA was hit right full in the face by a child who then ran amok and whilst the TA was on the floor he could do nothing to stop the child. guess who was blamed? yes the TA as he wasn't managing the child correctly!! the TA had no medical help or much sympathy apart from the teacher who just asked OK? then taught the next class!! as he wasn't in the union he just walked out there and then!

    be careful if you're starting out teaching as rumours do spread, even if you're in the right and any stain on your record would be a shame!

    why not ask the head how you did not follow procedures and broke confidence before the meeting? i think they must reply to you. also recommend taking a witness in to the meeting with you so you have back up.

    good luck!
  • I just wondered what happened in the end. I was leaving my company anyway and handed my notice in the day before the disciplinary. I finish on Friday and they have just emailed me an invite to a disciplinary on my last day, can they do that?

    I wondered what happened in your case?
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They can still choose to investigate a disciplinary even after you leave. Otherwise if someone did something seriously wrong they'd just leave to avoid any repercussions.

    Presuming they find you guilty of gross misconduct, worst case scenario, if your part of a regulated industry you may not be allowed to work in that industry anymore. Best case scenario, they'll inform future employers you were sacked for gross misconduct if you ever ask for a reference.

    Did you do the thing they're accusing you of?

    The only reason I'd not defend it is if I'd only been there a matter of weeks. Otherwise I'd do all I could to clear my name.
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