discrimanation

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kazy
kazy Member Posts: 4
edited 11. Jul 2015, 16:07 in Living with Arthritis archive
Hi I am new to forum.
I have PA and OA.
I work at a school and am having some trouble with the head.
I work 24 hours of which 21.5 are classroom based and the rest lunch time supervision/
We have just been given out hours for next term.
I asked for the same hours in the classroom and less lunch times as this is the bit I am finding hard.
I have been open about my arthritis and given them publications. I think they are taking in what they want and not the rest.
They have cut my hours saying I need days off to rest and gave me double lunch sessions.
My hours have been cut by 6 hours. I am the only one working at home and need the pay. Which I told them.
I have had time of due to arthritis and when I get infection I take longer to get over it, this is the bit they do not understand.
I am on methotraxate.
No one elses hours have been cut unless they asked for less hours. I work in the infants where I know lots of people asked to work one day less, when I spoke to the head she told me there was no hours in the infants left.
What do you think I should do?

Comments

  • [Deleted User]
    [Deleted User] Posts: 3,635
    edited 30. Nov -1, 00:00
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    Hi kazy

    Welcome to the forums where I'm sure you will get a lot of help and good advice from all the lovely people on here.

    It is a little quiet being the weekend, but I'm sure that someone will be along shortly to help.

    We are here if you need any support to do with using the forums. Many of the mods have some of the many varieties of arthritis and we all know about the feelings that go along with having it.

    Do read and post across the different topics that you will find here.
    All best wishes

    Mod B
  • ImGazhughes
    ImGazhughes Member Posts: 18
    edited 30. Nov -1, 00:00
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    Hi kazy
    Im sure schools as with other public and private sectors are governed to an extent by the same health and safety and discrimination guidelines. If the school provides an occupational health service i would see them and you should be covered under dda disability discrimination act, in which they should be seen to be doing everything they can to help/support you. That said this always comes with the caviat "while balancing business needs" google the guidance "am i covered under DDA".
    Hope that helps
  • Slosh
    Slosh Member Posts: 3,194
    edited 30. Nov -1, 00:00
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    I work in a school but as an Assistant Head and have negotiated to go three days a week from September. A lot depends on your contract, whether it is a permanent one or one which is it more like a supply one in which schools can vary hours according to need. Also have any concerns been raised about your competence this year? I would ask for a referral to Occupational Health for advice over reasonable adjustments and also contact your union for advice and if needed support. It would also be worth asking to speak to your Head to ask why these changes have been made.

    Good luck
    He did not say you will not be storm tossed, you will not be sore distressed, you will not be work weary. He said you will not be overcome.
    Julian of Norwich
  • Slosh
    Slosh Member Posts: 3,194
    edited 30. Nov -1, 00:00
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    I've put my Assistant head and TA manager hat on.

    What is your job description? This is relevant in terms of lunchtime supervision as if this is in your job description you cannot stop doing this without having the whole thing changed and this could have implications for staffing across the school. Do you currently work with any SEN pupils? Particularly any with more significant needs? If so then your absence, while not something you can help, will have had an impact on the child/children involved and other staff in school which depending on the child, we have a lot with severe ASD, could be significant and will have impacted on the child/children's progress. We have a TA with RA who had her hours reduced for health reasons, she was effective and provided effective individual support for a high level needs child, but unfortunately has had a lot of time off this due to flares which have caused problems. This means that next year while she will still be employed she will not be allocated in tbe same way.

    Intakes vary from year to year and part-time TAs are, purely by being part-time, more difficult to manage in terms of effective delivery of pupil interventions and in my school requests for part-time work by TAs are now only granted on health grounds and after consultation with Occupational health.

    Were you employed on a supply basis to support a particular child/children who have now either left the school or made sufficient progress to no longed need as much support? We are loosing a supply TA at the end of term for precisely this reason, and due to budget cuts also not retaining another supply TA as we cannot justify her retention, although she is effective.

    If you are on a supply contract are others on permanent contracts? This would explain why you are the only one whose hours are being cut.

    I'm not trying to be negative, as I said in my previous post I am reducing my hours and again I suggest first meeting with your head for clarification, asking for an Occupational health referral and then seeking union advice.

    The main thing is your contract and job description.
    He did not say you will not be storm tossed, you will not be sore distressed, you will not be work weary. He said you will not be overcome.
    Julian of Norwich
  • kazy
    kazy Member Posts: 4
    edited 30. Nov -1, 00:00
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    I spoke to the head, I was told that there was not enough hours to go round, but i know 4 people in my section wanted to lose a day. She said doing less hours would improve my health, I said the worry of losing money would probably make it worse. I went back to them and said I needed the hours as i am the only one working, they did not seem keen to look for more hours. I was based in year 2 and i know there are 8GRT children going up to that year group.

    I have a permanent contract.for class base and lunches and so are the other staff..
    I do not work 1;1 with a child. I have been taking group work.

    I have emailed my union and check websites on computer. I also have a meeting with occupational health on Wednesday.
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
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    Glad to see that slosh could give you some advice, I do feel for you wanting or needing to work and they are not listening to you..sorry i dont have anything to add....but good luck with everthing.
    Love
    Barbara
  • Michelle63
    Michelle63 Member Posts: 63
    edited 30. Nov -1, 00:00
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    I would also suggest, if you have not already done so, joining your Union. They will be able to support you and attend any meetings you wish them to with management.
  • Slosh
    Slosh Member Posts: 3,194
    edited 30. Nov -1, 00:00
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    I am surprised that as you have a permanent contract the have done this unless there is a clause saying that your hours may be adjusted to suit the needs of the school.

    If lunchtime duties are part of your job description and you are saying you cannot do these then that is more than a "reasonable adjustment" and requires a re-negotiation of your job description. The school do not then have to agree to this if it means they then have the additional expense of having to employ additional lunchtime support.
    There may also have been a concern if the group of children you were supporting missed some of this as a result of you having to take time off and so they have decided to use you in a more general role.

    As before, speak to your head and then ask your Union for advice over applying for flexible working, however it is late in the school year to start this process and it might be better left to the new school year.
    He did not say you will not be storm tossed, you will not be sore distressed, you will not be work weary. He said you will not be overcome.
    Julian of Norwich
  • Slosh
    Slosh Member Posts: 3,194
    edited 30. Nov -1, 00:00
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    Re OH, I have had 4 appointments with OH over the last 2 years and found them very helpful. Do ask them if in their opinion you are covered by the Equalities Act.

    I had to make the difficult decision to reduce my hours as from September as I was finding it very difficult to manage working full-time but I am now pleased I did this although my finances will be very tight in September as living in London my mortgage is very large. Have you considered applying for ESA? You can work up to 16 hours a week and still claim this. What about PIP? I was given the standard rate for daily living and this meant I can afford to go part-time.

    In view of the lunchtime supervision what is it that you find hard? Is there a way around this? This was an issue for me, I use crutches and so cannot go in the playground when it is busy for health and safety reasons apart from the fact this would be very tiring /painful but was expected to do lunchtime duties as part of my job description. I now do my duty in the dining hall which means I can sit down when I need to.

    Hope all goes well with OH and that your union are helpful.
    He did not say you will not be storm tossed, you will not be sore distressed, you will not be work weary. He said you will not be overcome.
    Julian of Norwich
  • kazy
    kazy Member Posts: 4
    edited 30. Nov -1, 00:00
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    I have spoken to occupational health this morning, I feel a lot better about things now. I was told I was covered by the disabilities Act. They have said any problems get back to them.
    I have also emailed my union and had a message left on my answerphone to say they would phone back and talk about the situation.
    I am a lot more positive now.
  • juliep123
    juliep123 Member Posts: 40
    edited 30. Nov -1, 00:00
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    I'm glad that you have contacted your union - I found them really helpful when I had similar problems at work. Please keep us updated and the best of luck -don't let the ******* get you down !!
    Take care
    Julie x