HR advice re employer safety obligations

dlk

Not sure if there's any advice I can get on here but unsure what to do at this stage.

My wife works in a primary school as a teaching assistant. Every single day she is assualted by pupils from punches to kicks to today a headbutt, every single day. The school say its just part of the job and they're too young to really know it's wrong. We can't really afford for her to quit her job but she's covered in bruises and cuts as well as twice having her glasses broken which has cost us a total of £700 to replace while she's earning minimum wage (actually less than minimum wage as they haven't adjusted her rate yet since min wage went up).

Is there any HR professional who can give me a suggestion on how she can attempt to get any sort of help from the employer as the only result of the assaults are the kids are taken out once they've calmed down and given cuddles and treats. Advice re rights of safety in the workplace or obligations of the employer or something? My wife isn't the only one of course in fact today's headbutt was while trying to pull a child off a different classroom assistant who was being attacked. 

Southend_2

She should contact her shop steward or H&S rep. Non union members can raise H&S issues with union safety reps but she needs to be a member for all the other support she may need.

LinLui

She will have to submit a grievance. Although I wouldn't hold my breath on getting any outcome. In all honesty, get another job is the only real advice I could give. Whilst the employer does have a duty to safeguard their employees, I am struggling to see what they can realistically do about such dangerous primary school children. Is this a special school or unit because the level of violence you are talking about is not common in primary schools - yes, young children can lash out and often don't understand, but you are describing extraordinary levels of violence from such young children.

As an aside, how does two pairs of glasses amount to £700 - is there something special about them? If so I would have thouight the schools insurance ought to cover that, but insurance would probably only cover what she needs, not what she wants (if you see what I mean). Buying the thinnest, lightest lenses with corrections and coatings etc, and expensive frames, I only managed to get to about half of that bill for two pairs. 

Savvy_Sue

Union definitely. If not yet a member, strongly recommend joining. If a child claims she hurt them, she'll need union support. 

lincroft1710

LinLui said:

As an aside, how does two pairs of glasses amount to £700 - is there something special about them?

Varifocals can easily exceed £350 a pair

lincroft1710

What the........?


School says it's part of the job and they're too young to know it's wrong?????


I'm just lost for words!!!!!!

LinLui

lincroft1710 said:

LinLui said:

As an aside, how does two pairs of glasses amount to £700 - is there something special about them?

Varifocals can easily exceed £350 a pair

I was talking about varifocals. With thinnest lenses, designer frames and photochromic coatings. Two pairs for £420. In January. But that wasn't the point. I chose to pay a lot more than I needed to pay. Icould have paid less. My point was that an insurer possibly wouldn't fork out for what I want,  but what I need. But the school should - or their insurers should - pay up for replacing items that demonstrably come at a cost,  unless they are claiming the damage was as a result of lack of care by the employee.

What is surprising is the description of a primary school so out of control that staff are being seriously assaulted on a daily basis. I'm not saying that can't happen, but even these days it is hardly common. Not even school inspections etc can prevent that level of violence, and I cannot think of any realistic protection other than more staff (not going to happen) or choosing the school (also unlikely). So another job seems the fastest and easiest choice. 

LinLui

lincroft1710 said:

What the........?


School says it's part of the job and they're too young to know it's wrong?????


I'm just lost for words!!!!!!

Whilst I have never heard of a school so out of control as the one described, I have certainly heard of individual primary age pupils this violent. Even primary pupils threatening staff with knives. And whilst I share your horror (and worry I'm turning into my father with "it never used to be like that...") and it is exceptionally hard to get anything done to support schools dealing with such pupils. One of my friends was cornered in a cupboard by an armed pupil and threatened with rape - by a NINE YEAR OLD.  Nothing was done. He "didn't know what he was doing". But even then that was highly exceptional - not acceptable but on a daily basis there wasn't the routine violence that the OP describes.

simongregson

Unfortunately some schools are not willing to deal with students and are unwilling to meet their legal obligations in terms of health and safety. This should not be happening and does not in the vast majority of schools - I know as I work in one and I know that our management would have our backs if things got as out of hand as you are describing.

Contact the union. Speak to other staff and try to get them to act collectively (unions can carry out a 'refusal to teach' ballot if the school is unwilling to discipline unruly pupils, but it relies on collective willingness to not put up). Theyhave a right to not to be subjected to any detriment where they leave work, or refuse to return to work, in circumstances where the worker reasonably believes there to be ‘serious and imminent’ danger, which they could not reasonably avoid. Your union will advise them on when this is appropriate, but it will be the case where they have a reasonable belief that they may be injured. 

Photograph all injuries/damage to property. Send photographs to the school management. Demand that the 'work related injury' is logged in the school's accident book. 

Demand a written risk assessment for any student who had assaulted them, any student who has previously assaulted staff should have one, and it should tell them what steps they should take to avoid injury, these should be realistic - for example additional supervision/staffing, on call systems to rapidly summon help etc.

Go to the GP if it is getting too much, when they describe the working environment and how it makes your partner feel it is likely the GP will sign them off sick with stress or anxiety if they have got to this stage - they should not feel bad about this, it is the employers fault. This might give them a break from the environment in which they can consider if this is somewhere they want to work. Cynically it might be the only thing that focusses the school's management to deal with the problem. 

gm0

Sounds awful.  And actual solutions are likely not employment law related. Though that may have to be deployed to get sufficient attention. Better informed people than I will comment on the ways to do that and apply escalating pressure - appropriate to size and context.

Mumsnet has more people than MSE who struggled as parents or professionally with CAMHS, GP, Social Work, who know rules for schools. 

Psychologists can help with personal coping strategies and/or via medications.  The work of years.  A few kids likely badly need help of that sort and are not getting any.  Or it isn't working yet. 

Your region and LA may be a star performer or quite simply the worst in the UK on mental health services.  And the schools options to address that alongside the parents may not achieve much.

Which doesn't change their employer legal duties to your wife as employee. 
Nor does it change their duties to the pupil and the constraints on using suspension and exclusion with young children with identified needs and statements or going along the process.

Hat tip for taking a job like that on in a super difficult setting. 

tealady

My advice?
Go off sick or get out of that job. There are other minimum wage jobs out there.
Document EVERY incident, make sure the school documents it as well.
You have a duty of care to yourself not just to the children