Advice Needed Please

[Guest bertha]

Hello, Please could someone help, I have worked in my setting (Committee run) for 7 months and have not signed a contract.

I would like to know (Although I realise not a nice thing to do) would I be within my rights to walk out and not work any notice if I decide to leave.

Thank you.

[Guest]

If you don't have a contract I would assume you would be ok. But has any agreement been made verbally? In other words have they said to that you have to work x number of weeks notice and is this something that everybody is aware of? If so then you do have a bit of a problem because in many cases verbal agreements are as binding as written ones! Although it would depend on the committee if they wanted to pursue this. I know I would be very annoyed if somebody who worked for me did walk out with no notice but I wouldn't necessarily want to take any action.

Linda

[AnonyMouse_64]

I guess as well it would depend upon your reasons for walking out. If this is because of some problem within the group you may not be obliged to work any notice. This happened at our group a couple of years ago. There was some sort of dispute between the two members of staff at the time which also involved the chairperson. One of the members of staff left immediately without working any notice and the chairperson also resigned. Luckily it happened just before the summer holidays. Will it leave the group with serious problems? As Linda rightly says you have to be careful about any verbal agreements you may have made too. Don't want to pry but surely the most you would be asked to work is 4 weeks notice. Is this too much?

[Guest bertha]

No verbal agreement was made, the member of staff went to the committee just after I started and said things about me, when I went to see them after they spoke to the other members of staff, I was told that it was not me that was the problem but her.( although they did say what a lovely girl she can be!) But nothing seems to have been done. I am finding it really hard to work there now because of the atmosphere and the fact that the things she has called me are classed as bullying and have hurt me. My self-esteem is way down low at the moment.

Sorry to waffle, just need to tell someone.

[Steve]

Hi Bertha -

I have a lot of sympathy with you - it can be very hard working in a place where there is an undercurrent of hostility.

 

But is walking out the best solution. If your committee is assuring you that you are not the problem, and they are saying this after speaking to the other members of staff, then it seems you have a lot of support.

 

I'd suggest that the other two possibilities would be better - either give a formal notice period (if you have the support of the committee you could maybe approach them and say you're finding it too hard to deal with the atmosphere, and since there is no contract perhaps they would accept one or two weeks notice?)

 

or stay with it - enjoy the work and the company of the staff you do get on with and try to ignore the problems with the other staff member. Is she your manager?

 

Either of those two would demonstrate your professionalism and maturity, and not allow people to complain that you'd 'left them in the lurch'.

 

But as I said, it can be very unpleasant working in such an environment, so you must decide the best course of action!

 

Best wishes,

Steve.

[AnonyMouse_2732]

Bertha,

 

I would agree with what Steve has said, as well as other comments.

 

I found myself in a similar situation some time ago. I had no contract, with a rapidly deteriorating and bullying situation, combined with some truly awful practices that I felt the need to bring to the attention of the management. Although I was monthly paid, I had no official guidance as to notice periods. When the situation became intolerable, I sought advice from ACAS, who advised me that while, with no contract, there was no legal obligation for a notice period at all, in practice, one week's notice was the understood norm. I duly gave one week's notice and haven't looked back since.

 

However, if you actually enjoy the job, this staff member apart, I would seriously recommend you try to work it out. Others do not seem to see you as a liability - why should you accept such a label?

 

Whatever you decide, I wish you all the best!

 

Sue

[AnonyMouse_64]

Oh Bertha,

 

I am really sorry to hear about that. I have worked with a bad atmosphere all year with my committee and have found it the hardest thing I've ever had to do. Its so difficult to go in week after week with this sort of thing hanging over you - I can imagine how low you must be feeling at the moment.

 

I have lots of good friends though and they have all been very supportive, reminding me why it is I do the job and reassuring me that the problem lies with the other people not me. I was also determined not to be drawn down to their level and have been as pleasant and friendly with them as I have been to any one else, so no one could turn round and say I have been unprofessional. I think this has made them feel extremely uncomfortable about the things they have said - and I have derived some pleasure from this!! Have the other members of staff shown some support to you? The big problem with committees are that because they are not qualified to deal with these matters they find it easier to brush it under the carpet than meet it head on. Have you spoken privately to the chairperson about the matter and made it clear how bad you are feeling? It seems a shame to be driven away from your job because of the small mindedness of one person.

[AnonyMouse_64]

Have just been reading up on this Bertha. The minimum notice period by law is one week unless you can prove 'constructive dismissal' in which case you can leave immediately, but it's not recommended you do this without legal advice. However, if the group has a longer notice period, and you have been told about this, then whether you have signed anything or not you need to stick to this period. Apparently the onus is on you as an employee to make sure you have a valid contract and if this is something you have not pushed for then it is basically your fault not theirs. Interesting!! Don't know if that helps.

[Guest]

Bertha,

 

I can sympathise. I am at lowest level of all the staff in my setting.

 

The committee chair thinks that I am above my station (I spent 10 years as committee, and was told at my only staff appraisal - 3 years ago - that I need to forget what I did as committee).

 

I have reverted to being a person who knows nothing (it's a shame I'm doing the sector-endorsed EY foundation degree - off my own bat, I hasten to add). Many times in the last 3 years I could have walked out. One member of staff (now gone, thank goodness) was critical of my practice (and said what she had to say in front of the chidren - luckily I escaped to the toilet with a child, and was re-composed when I returned). But I let rip when all the children had gone.

 

That experience changed my approach. I work with children "low-profile". I do what I think is right. I will not plan or execute activities that involve all of the children at once (we are registered for up to 26, but the leader bends the rules and we sometimes have many more). I specialise in children who (I feel) need help, regardless of the needs identified by management.

 

I just forget the adults - I am here because of the children.

 

Diane.

[Guest bertha]

Thank you all so much for your help and advice, It did bring tears to my eyes reading your replies. I have taken note of what you have all said, It is nice to be able to talk to people who are in the same profession and who understand that little bit more, although my husband is always there for me.

Diane it is strange that you too are "A person who knows nothing " as I was called "Somebody who knows nothing" I also keep myself to myself and get on with my job, like yourself I am there for the Children.

I realise that it is sometimes difficult to enrol people to serve on a committee and a lot of the members do not know what can be involved, maybe they should go on a course, to explain about being a committee member, confidentiality and the correct procedures that are to be followed in the event of complaints etc. I think this would be helpful for all concerned.

I am going to see how things go this week and then make my decision.

[Guest]

Hi

 

Diane, I could not believe what I was reading in your post! Lowest of the low - PAH! The children are very lucky to have you. Highest of the high more like. I take my hat off to any one who can work in a hostile environment. I was on a pre-school committee for a number of years and then took up a position as pre-school assistant. Seeing things on the other side of the fence was an eye opener!

I was getting more and more dissolutioned with the staffing

situation - one member of staff was responsible for very low morale and she resented me being able to supervise in the absence of the main supervisor. Once she hurled abuse at another member of staff in front of the children! At staff appraisals I made a complaint and nothing was done about it. As I was now already working as a TA at my local school I gave up the pre-school job. The 'naughty' person is still there and everyone is still miserable! It was a good career move as I've progressed back to teaching the new reception class, but bad for the children at pre-school. Selfish descision? yes but one I don't regret.

 

Bertha, I wish you the best. Keep us 'posted' on what happens next.

 

mousebat