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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
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I am employed in a school as a School Business Manager.

Resolved Question:

Hi, I am employed in a school as a School Business Manager. The school is not an easy one and I had to struggle to hold on to my job throughout a restructure. Since the restructure, I seem to have faced a considerable amount of negativity towards me.
I am diabetic. Last Friday, I conducted a consultation meeting with staff regarding a change in terms and conditions for staff. The meeting was overtaken by a Governor and became acrimonious because she introduced an invalid secret ballot to the meeting. This caused me a huge amount of stress and anxiety and has impacted on my diabetes.
This Thursday, the governors had a routine finance meeting. I intended to go but I had a very bad episode relating to my diabetes. In effect it was a hypo. By the time I felt a bit better and texted the Head to let him know, the meeting had already been going for 45 minutes. Meetings are held at 6.30 in the evening so these are in addition to my working day.
Yesterday, I received an e-mail from the Chair of Governors to say that what happened was not acceptable and that the Governing Body had agreed that they have no confidence in me to conduct the business affairs of the school. I replied to offer apologies again but also asked what he wanted me to do. I said that if the Governors had no confidence in my ability, did they want me to return to school? I asked him to clarify what process the school planned to invoke and asked him to confirm if I should remain on leave?
I also asked much the same question of the Headteacher.
Nobody has responded to me so I do not know where I am. Would you advice me to go to work as usual on Monday?
I replied to confirm what had happened.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Yes I would the school are walking a very fine line here. They have to comply with employment legislation and in particular legislation called the Equality Act. Diabetics as a medical condition is a type of disability and they can't treat you as if you deliberately aren't doing your job, nor can they say that a hypo episode is unacceptable behaviour.
You should be going in on Momday and demanding a meeting with your line manager in order to raise a grievance against the Chair of Governors. You should not be apologising. If they take adverse steps, and assuming you have over two years of service, you will have a claim for unfair dismissal on grounds of discrimination for which the financial penalties can be very high.
I hope that helps.
Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
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