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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have worked Three Spires Academy months and

Resolved Question:

I have worked for RNIB Three Spires Academy for 16 months and have discovered that although payments of nearly £300 are deducted from my wage monthly there has been nothing paid into my teachers pension scheme since I started at Three Spires. I have contacted RNIB payroll who assured me everything would be sorted out by this afternoon. Dan the person I spoke to promised he would phone back but when I phoned today after checking my pension account and realising nothing had changed Dan had already gone home. Furthermore it also states on my pension statement that because it is no longer active my death in service grant does not apply.
Also as I work in a special school I have been hurt twice this year by pupils and have now got to attend a stage one warning. Keep asking for clarification about my protection if I lose time from work due to injury but no one in HR will answer my question.
Quite worried and would appreciate some advice.
Thank you Dianne
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the warning for?
Customer: replied 1 year ago.
I have Hit a HR trigger as I was off ill with an ear infection in September. Our school then suffered a fire and I lost everything. It was an exhausting time moving classrooms twice with ten special needs children in tow and no extra help. I hit all my paperwork deadlines despite the fire apart from one occasion where I asked for an extension that was refused. I then ended up suffering palpitations and that was my second absence . During the spring term I was hurt by a child on two separate occasions which led to absence and my question that I can't get an answer to is under teachers conditions of service document an injury from a child would not count against me but I work for an academy which has not adopted this document but does not appear to have anything else to replace it and I cannot get a straight answer.
It seems unfair that I get a warning for doing my job. The RNIB sickness policy also states if I am off again I will get a second warning and ultimately a dismissal.
To me it's deal breaker and I am looking for employment within the council, but until then I need to know my rights a bit better.
Customer: replied 1 year ago.
I work with children who have complex and severe autism . Although I love my job and am team teach trained at times they can exhibit very challenging and aggressive behaviour.
It was always my understanding that an injury relating to a child hurting staff would not count against the member of staff if it resulted in an a sense. With the second attack the child stabbed me in the side of the head which left a superficial mark on my temple . The next day I awoke with a swollen eyelid for which I attended the go who diagnosed bleparitus. Although I administered the antibiotic eyedrops the swelling did not go down and I did not lose time from work. As my eye had not settled when I caught a cold it pitched on my eyelid and my eye swelled and I could not see out of it. I had to be referred to the optholmist and during this period I lost time from work. Prior to the child attacking me I did not have trouble with my eyelid. I still have some swelling to my eyelid.
Expert:  Ben Jones replied 1 year ago.
Sorry I was offline by the time you had replied. I will deal with each issue below: Pension – if your employer is making deductions for pensions contributions but not forwarding these on to your pensions provider then that is a breach of contract and if necessary you can make a claim to recover these payments. Absence due to injuries caused by children – there is nothing in law which states these cannot count towards your overall absence. There could be specific policies in your particular industry or in your employer’s procedures which can exclude such leave but that is at their discretion rather than a legal requirement. Potential disciplinary/dismissal – if your employer is going to take the absences further then the issue is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice. If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
Thank you for your help tonight, I am grateful for your reply. At least I am aware of my working rights or lack of them in this case. Once again thank you.
Kind regards,
Dianne
Expert:  Ben Jones replied 1 year ago.
You are most welcome, all the best If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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