Bullying and Harassment of Staff at School
The Teach Well Alliance and the Every Teacher Matters Project run an anti-bullying network and coaching and
legal service called TABS: Teachers Against Bullying of Staff
Suneta Bagri
Every Teacher Matters Project
Steve Waters
Teach Well Alliance
Coaching and Legal Representation are provided on a 'No Win, No Fee' basis
The TABS Anti-Bullying Support Programme consists of Coaching...
...and legal representation from Atkinson Rose, Expert Employment Law Solicitors.
Amit and his team of employment law solicitors will let you know if you have a case. If you do, you will be introduced to the solicitor who will represent you. You will not pay any fees unless your case is successful in gaining a financial settlement. If it is, you will pay a maximum of 35% to cover your coaching and legal fees. The fees will be deducted from your settlement and will not be due until the financial settlement are received by Atkinson Rose.
Atkinson Rose Solicitors: Testimonials
Nursery worker subjected to racial discrimination
RELIGIOUS DISCRIMINATION AND RETALIATORY DISMISSAL FOLLOWING A RESIGNATION
Our client was a Muslim female working for a Nursery in South East England and was subjected to various discriminatory comments and actions directed towards her religion.
She eventually resigned after finding a new role but was then dismissed during her notice period as an act of retaliation. A dismissal for gross misconduct in this field would have precluded her from being able to work with children again in the future.
We brought claims for discrimination, along with both constructive and unfair dismissal and our client obtained a sum of money (despite suffering minimal losses having walked into a new job) and a reference for future employers which did not make any mention of the dismissal. Her comments are below:
"The advice I received from Mr Patel and his team was very professional from beginning to end. Mr Patel was efficient and offered me quality advice at each step of the process. I never had to keep chasing him as he kept me updated by email or phone."
Teacher made redundant on grounds of qualifications
UNFAIR DISMISSAL - REDUNDANCY, VICTORY AT TRIBUNAL AND REPORTED CASE
Our client was employed as a teacher and made redundant purportedly on the basis of her qualifications. She initially bought the claim herself and acted in person as she could not find a firm to assist. We took the case over, reformulated it, and won at the final hearing. We believed that many of the representations made were false. The trial judge shared our view, allowed our extra evidence to be admitted, and the case has been reported on the employment tribunal website.
“When Amit stepped in and agreed to represent me at the Employment Tribunal I was ill, depressed, and had lost both my self- esteem and confidence as a result of the treatment I was subjected to by my ex-employer. Amit brought my case to an absolute victory on both, financial and moral grounds. Amit and his team worked incredibly hard and, when needed, almost around the clock on the faultless and strong presentation of my claim for unfair dismissal, which resulted in winning my complicated case. He approached my matters with understanding and sensitivity to my situation and came up with a feasible payment plan. Amit demonstrated great negotiating skills, while expertly strengthening my case with a mitigation statement and bundle before the remedy hearing and achieved a settlement beyond my expectations. Winning this case has given me a new lease of professional life, imbued with a wonderful feeling of justice being served. My voice has been heard. I feel very grateful to Amit and his team"
Teacher in independent school: Grievance
RACE AND RELIGIOUS DISCRIMINATION WHILST IN EMPLOYMENT
Our client worked for an independent school in Surrey and raised grievances against other employees due to bullying and comments made in relation to his race and religion. His employers failed to properly investigate the complaints and rejected these grievances.
Our client did not wish to resign in order to bring a claim due to the uncertainty of finding a new job in the current economic climate so we therefore bought a claim whilst he remained in employment and advised on the best way of submitting new grievances.
The matter eventually settled for a sum amounting to slightly under a year's salary without the need for a final tribunal hearing.
"I had a lot of support and guidance from the firm which was essential to winning my employment case. It made me feel more confident knowing that I was not alone but had people backing me up which made me more determined to fight my ground."
Please note that, if you are a member of a teaching union, you may be able to get support and legal representation as part of your membership. If you have already had support and legal representation through your teaching union and wish to transfer your case to TABS, we would be pleased to provide you with coaching and legal representation from the point at which you make the transfer.
Are your wellbeing and mental health being damaged by being bullied at school?
Would you like to apply for coaching and legal representation from TABS on a 'No win, No fee' basis?
Click on the button below to complete our registration form
What is Bullying?
'Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that
undermine, humiliate, denigrate or injure the recipient.' (ACAS, June 2014)
Documents that are referenced are available via links at the foot of the page
Are you being bullied or harassed?
If you answer 'Yes' to any of these questions and the behaviour is happening regularly, you are being bullied or harassed:
- Is someone insulting you by the things they say or do?
- Are you being deliberately left out of discussions which affect you or your work?
- Are you being ridiculed or demeaned?
- Is someone setting you up to fail?
- Is someone making 'jokes' at your expense about you or your physical appearance?
- Are you the subject of unwanted sexual advances e.g. inappropriate touching or sexual remarks?
- Is someone making threats or comments about your job security without cause?
- Are you being treated unfairly e.g. given more work than you can cope with?
- Is someone intentionally blocking your promotion or training opportunities?
- Is someone making hurtful remarks because of your physical/mental disability or illness?
Bullying and harassment do not have to occur face-to-face
They can occur through written communication, images, email, phone
and unfair scrutiny of your performance, including the use of data (ACAS, June 2014).
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete our registration form
What is the difference between bullying and harassment?
Bullying has no legal definition.
But you can still take action.
Harassment is defined by the Equality Act (2010) as:
'Unwanted conduct related to a relevant protected characteristic, which has the purpose
or effect of violating an individual's dignity or creating an intimidating, hostile, degrading,
humiliating or offensive environment for that individual'.
What is a 'protected characteristic'?
The Equality Act makes it unlawful to discriminate against anyone because of the characteristics shown in the diagram.
They are called 'Protected Characteristics' because they should protect you from discrimination.
Is the Health and Safety at Work Act relevant?
The employer's Duty of Care
Under the Health and Safety Act (1974) employers have a legal 'duty of care' to provide a safe system of work for employees and to take reasonable steps to prevent staff from being injured at work.
Injury can include physical or mental ill-health, including depression or anxiety, resulting from harassment or bullying at school.
[Scroll down the page to download]
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete our registration form.
What does Ofsted say?
The Ofsted Inspection Handbook (2019) includes criteria in Leadership and Management relating to workload, wellbeing, and protecting staff from bullying and harassment.
This is the first time that these issues have been included in the Inspection Framework
Need help? Complete our survey at the foot of the page
School Inspection Handbook (Sept 2019)
Leadership and management: (Section 229: Page 64)
'Important factors include:
◼ the extent to which leaders take into account the workload and well-being of their staff, while also developing and strengthening the quality of the workforce.'
_______________________
'In order for the leadership and management of a school to be judged outstanding, it must meet all of the good criteria securely and consistently, and it must also meet the additional outstanding criteria (Section 278: Pages 74-75)
Outstanding (1)
◼ The school meets all the criteria for good in leadership and management securely and consistently.
◼ Leadership and management are exceptional.
In addition, the following apply:
◼ Leaders ensure that highly effective and meaningful engagement takes place with staff at all levels and that issues are identified. When issues are identified, in particular about workload, they are consistently dealt with appropriately and quickly.
◼ Staff consistently report high levels of support for well-being issues.
Good (2)
◼ Leaders engage with their staff and are aware and take account of the main pressures on them. They are realistic and constructive in the way they manage staff, including their workload.
◼ Leaders protect staff from bullying and harassment.
[Scroll down the page to download School Inspection Handbook]
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete the TABS registration form.
What are the physical and mental effects of bullying and harassment?
Need help? Complete our survey at the foot of the page
If you are suffering physically or mentally, others may say
you are weak and that teaching is not for you.
Or that you are imagining things. You might begin to believe them.
This is known as 'gaslighting' *
It is normal to blame yourself when you are being bullied or harassed.
That's what the bully wants you to do, as it shifts responsibility from them to you.
The physical and mental effects of bullying and harassment are real and serious.
They are caused by the way the bully is behaving towards you,
not because of your actions.
.* Gaslighting is a form of psychological manipulation in which a person seeks to sow seeds of doubt in a targeted individual or in members of a targeted group, making them question their own memory, perception, and sanity. The term comes from a 1944 film 'Gaslight' in which a husband tries to drive his wife into madness by creating noises, sounds and moving objects etc and telling her she is imagining things when she describes what is happening.
Physical effects of bullying and harassment
- Chronic fatigue
- Repeated illnesses e.g. colds, flu, fever
- High blood pressure
- Migraine headaches
- Chest and back pain
- Stomach disorders
- Hormone disturbances
- IBS (Irritable Bowel Syndrome)
- Thyroid problems
- Skin disorders
- Increased risk of heart problems
- Nail biting or clenching teeth
- Grinding teeth when asleep
Mental effects of bullying and harassment
- Panic attacks
- Sleep disorders
- Stress
- Anxiety
- Depression
- Poor concentration
- Poor memory
- Irritability
- Obsessive disorders e.g.Obsessive-Compulsive Disorder (OCD)
- Hyper-vigilance
- Mood swings
- Increased sensitivity
- Loss of humour
- Self-medication: alcohol, coffee, excessive eating or anorexia.
- Thoughts of self-harm of suicide
Post-Traumatic Stress Disorder (PTSD)
The mental impact of bullying or harassment can last for a long while.
Even years.
PTSD results from prolonged exposure to a traumatic event.
This can include flashbacks to the bullying or harassment incidents and a loss of self-confidence.
You can also feel anxious and afraid of people or situations that remind you of how you were treated.
It is important to get professional help, such as Counselling, if the symptoms continue.
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete our TABS registration form.
Taking action against bullying and harassment
You do have choices
You have three choices if you are being bullied or harassed:
- Change yourself i.e. adopt coping strategies to deal with the bullying or harassment.
- Take action against the person/school to stop the bullying or harassment. This might include getting advice on whether you have a sufficiently strong case to take legal action and be represented by a solicitor. With our TABS service, you could have coaching and legal representation on a 'No Win, No Fee' basis.
- Leave your school.
You could take action by choosing all three. You could, for example, adopt coping strategies, take action against the person/school, resign and move to another school.How do I know whether taking action is right for me? It seems a big step to take.
If your answer is 'Yes' to any of these questions, you should consider taking action.
- Are you suffering physically because of bullying and harassment?
- Are you suffering mentally from the bullying and harassment?
- Have you been signed off by your GP because of the mental and physical impact of being bullied or harassed?
- Are you frequently feeling tearful?
- Are you frequently feeling that you are close to being unable to cope at school and 'breaking down'?
- Have you ever been unable to go into school because of the bullying or harassment?
- Are you sleeping badly?
- Do you feel nauseous at the thought of going into school?
- Are your friends or family worried about you?
- Are other members of staff being bullied or harassed?
- Do you feel burnt out, as if you can't take any more?
Use the Waters Index of Burnout to assess your level of physical and mental exhaustion.
Click on the image to download a PDF.
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete the TABS registration form.
Taking action: Getting legal advice
The Teach Well Alliance has an exclusive agreement with Atkinson Rose
solicitors - experts in employment law.
They will review your case.
They will decide whether it is sufficiently strong to take legal action.
They will do this on the basis that you will only pay a fee if the case is successful
and you are awarded financial compensation.
Would you like to apply for coaching and legal representation on a 'No win, No fee' basis?
Click on the button below to complete the TABS registration form.
Documents relating to Being Treated Badly at Work
Health and Safety at Work Act (1974)
Ofsted School Inspection Handbook (2019)
[What to do] If you're treated unfairly at work
(ACAS 2019)
Bullying and harassment at work (ACAS 2014)
A guide for managers and employers
Your health, your safety (TUC/HSE 2013)
A brief guide for workers
Harassment and Bullying in Schools: Guidance for Reps and Local Officers (NEU 2018)
Teachers: How to Deal with Unfair Treatment
(Teach Well Alliance 2019)
Education Support
The only charity dedicated to helping teachers
https://www.educationsupport.org.uk/
If you need to talk to someone about bullying or harassment,
or any aspect of your job in school that is making you unhappy.
24 hours, 365 days a year
Freephone 08000 562 561
