Teacher unfairly dismissed DBS Implications

[DJDBS]

I was unfairly dismissed from teaching and lodged a claim of unfair dismissal with the employment tribunal service.
Fortunately I was represented by an employment law specialist solicitor. The school did not look at cctv footage available which showed I was not responsible for the alleged
Incident. They simply dismissed me on the student and his friends statements and parental pressure via a personal injury claim.
A settlement agreement COT3 via ACAS was agreed with me receiving compensation for the termination of my contract and an agreed reference. However, I have now been referred to the DBS who are considering barring me from the profession! Although I am still ok to teach while they investigate me although I have been waiting for my dbs certificate for 35 days stuck at stage 4!
Does anyone have any advice on how I can clear my name or do you think the DBS will take NFA?

 

[Blagsta]

Contact your union rep

 

[el-ahrairah]

Contact your union rep

this. i probably would have made that the first place i asked.

if you don't have or don't trust your local rep, go to your union direct.

 

[innit]

Where are you in the dbs process? It sounds like they are in risk assessment rather than being "minded to bar" or having issued their final decision (in which case they should give you info on the appeals process )? If that's right, you will have the opportunity to make representations if they consider barring you (there is a decent unison fact sheet online setting out the stages in the process).

If you are told they are minded to bar I think that is the time when you will need advice in putting together your representations, but best to find the support now.

If you can't get input from a union I would go back to your solicitor.

Eta there's no date on the unison fact sheet so definitely do get advice unless things have already changed since dbs was set up in 2012!

 

[DJDBS]

What do you think?

Cctv footage
Compensation
Favourable reference

Bar or no bar?!

 

[equationgirl]

What do you think?

Cctv footage
Compensation
Favourable reference

Bar or no bar?!

Without knowing the details of the situation it's hard to give an opinion. Did your solicitor push for reinstatement as part of your compensation, and if not why not?

Speak to your union report and solicitor.

 

[TopCat]

Why am I suspicious? Why do I think back to brutal cunts masquerading as teachers?

 

[DJDBS]

Now been referred to NCLT

Might as wel gave gone thru with tribunal. Surely if I send in settlement agreement and reference it should clear me there too?? Ironically the DBS and NCLT both say I can still teach but I'm still waiting for DBS check certificate to come through !

 

[equationgirl]

Now been referred to NCLT

Might as wel gave gone thru with tribunal. Surely if I send in settlement agreement and reference it should clear me there too?? Ironically the DBS and NCLT both say I can still teach but I'm still waiting for DBS check certificate to come through !

I refer you to my earlier question - did your solicitor push for reinstatement to your teaching position as part of your compensation and if not, why not?

It's customary on urban to answer questions and not avoid them. We know nothing about your case and aren't going to leap to your defence without knowing the facts of the case, which you have been light on.

 

[sim667]

Now been referred to NCLT

Might as wel gave gone thru with tribunal. Surely if I send in settlement agreement and reference it should clear me there too?? Ironically the DBS and NCLT both say I can still teach but I'm still waiting for DBS check certificate to come through !

Are you sure the DBS aren't just being shit?

 

[Hocus Eye.]

What is the NCLT?

 

[DJDBS]

National college of leadership and teaching the regulator for teaching.

Any dusmissed teacher is referred to dbs who then pass on to NCLT
I am now facing a formal investigation regarding the alkegation I received a settlement for and they have added unsubstantiated allegations from the past. I have never had any disciplinary warnings. But now find myself having to answer previous historic allegations that were not part of my dismissal.
I believe a determinations panel assesses each case so I hope no further action is taken at that stage. I have also been given an agreed reference that is decent.
After a year of hearings last year I am now trying to battle again to save my career when I have never been guilty of anything and have Ben promoted several times at the school .
Back to solicitors now

 

[DJDBS]

Top cat I am sincere. I used Union at start but rep was weak and abroad when I needed him. So I used a solicitor costing thousands of pounds to defend my position. In this instance cctv proved I never injured a student as alleged. That's when the settlement came in. The school failed to view cctv in first instance

 

[equationgirl]

Top cat I am sincere. I used Union at start but rep was weak and abroad when I needed him. So I used a solicitor costing thousands of pounds to defend my position. In this instance cctv proved I never injured a student as alleged. That's when the settlement came in. The school failed to view cctv in first instance

If your local rep is no good you can always speak to the area fulltimer who is normally more clued up.

 

[cesare]

I'd be asking the employment lawyer why they didn't anticipate this when negotiating the settlement agreement.

 

[DJDBS]

Good point Cesare.they made sure cctv footage & docs would be made available to dbs if referred.
However, historic allegations all unsubstantiated have been added to the referral despite me having no formal disciplinary warnings on my file. Only a letter of Advice.
Does anyone know how the NCTL determinations panel will view this?
I have the support of many colleagues and previous HT if need be.

 

[cesare]

The point of an agreed reference is so that there's a clean break and that future employment will not be jeopardised by an adverse reference from the previous employer. This is not confined to references; I'd be wanting to know why an agreed statement (for example) for the purposes of DBS wasn't incorporated into the COT3/settlement agreement.

 

[DJDBS]

Good points again C.
My agreed reference is very good highlighting promotions and outstanding judgements by ofsted.

Settlement also says £xxxxxx is paid in compensation for the termination of contract. Circumstances of termination with not be discussed etc

 

[equationgirl]

Good points again C.
My agreed reference is very good highlighting promotions and outstanding judgements by ofsted.

Settlement also says £xxxxxx is paid in compensation for the termination of contract. Circumstances of termination with not be discussed etc

It sounds like your employment lawyer has missed a couple of important points.

 

[DJDBS]

Can I still be stitched up by NCLT and be prohibited from teaching??

 

[cesare]

Can I still be stitched up by NCLT and be prohibited from teaching??

It depends on the allegations and whether they can be substantiated, I imagine. It doesn't sound as though the COT3 covered that aspect so if I were you I'd be taking it up with the employment lawyer in the first instance.

 

[DJDBS]

All unsubstantiated u have had no formal disciplinary warnings just 2 letters of advice in 10 years and these are not disciplinary sanctions.

 

[equationgirl]

All unsubstantiated u have had no formal disciplinary warnings just 2 letters of advice in 10 years and these are not disciplinary sanctions.

Talk to your employment lawyer in the first instance.

 

[isvicthere?]

Why am I suspicious? Why do I think back to brutal cunts masquerading as teachers?

Dunno. Why?

 

[sim667]

Why am I suspicious? Why do I think back to brutal cunts masquerading as teachers?

Its not at all unheard of for education employers to be totally incompetent when handling dismissals, or even constructive dismissals under the guise of disciplinary dismissals.

Its very believable that the employer has not been straight up with the OP.

 

[DJDBS]

This week the nctl hear my case at the initial determinations panel.
I cannot believe after unfair dismissal and a settlement agreement I would be in this situation.
I have also got the police asking me to make representations regarding my ecrb as they want to disclose unsubstantiated and historic allegations from school.

 

[equationgirl]

This week the nctl hear my case at the initial determinations panel.
I cannot believe after unfair dismissal and a settlement agreement I would be in this situation.
I have also got the police asking me to make representations regarding my ecrb as they want to disclose unsubstantiated and historic allegations from school.

Have you spoken to your lawyer yet?

 

[DJDBS]

No further action from NCTL

Now having to make representations to police about same allegations plus a historic neighbour dispute the police want to disclose on ecrb. Solicitor has sent in all evidence and NFA from police regarding neighbour dispute.