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My job is at risk

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Dolly123.

Member since
July 2022

12 posts

Posted Sun January 21, 2024 7:01pmReport post

Hi I don't know if anyone has been through something similar. My husband arrested June 2022 for possession of indecent images awaiting CPS charges. He is now living elsewhere In Dec 2022 my son (adult ) was arrested for 4 days of sexual communication with a minor ( this was actually a police officer ). He is still living at home
I work as a TA in a school. They made a risk assessment on me by association they didn't share this with me for a year until they needed to update it last May 2023 which was a shock that I had one. Roll on to Jan 2024 the school are now making a formal investigation where I now have to go to a hearing as they think they have grounds to dismiss me as u can't do my job description properly due to them putting a risk assessment on me. I had a clear enhanced DBS recently as well. Any help or thoughts be great. it's really rocked me as I thought my job was safe even with a risk assessment.
Thank you

Mary28

Member since
January 2024

7 posts

Posted Sun January 21, 2024 8:36pmReport post

Are you in a union? I would suggest contacting them for support. If you aren't, then I would join one - you can do it and get support straight away.



I'm in the early stages of this so still trying to navigate it all so can't offer much other help or guidance sorry

Take care and I wish you all the best

sadso

Member since
December 2023

89 posts

Posted Sun January 21, 2024 9:21pmReport post

hi there , sorry you are going through this , is it because your son stays with you that they have to carry out an assessment ? such a horrible situation to be in xx

Inthemoment

Member since
February 2023

358 posts

Posted Sun January 21, 2024 11:15pmReport post

I've looked at the legislation around this before and you should not be dismissed for this reason; as far as I can see it would apply to for example childminders at home and should not cover you as a TA in the classroom.

Obviously I don't know your full situation so I would suggest you ring ACAS as well as the LFF helpline for further guidance as you might have exceptional circumstances.

The legislation link is here:

https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006/disqualification-under-the-childcare-act-2006#disqualification-association

And the relevant paragraph is here:

"Iiving in the same household where another person who is disqualified lives or is employed (disqualification ‘by association’) as specified in regulation 9 of the 2018 regulations (note that regulation 9 only applies where childcare is provided in domestic settings, defined as ‘premises which are used wholly or mainly as a private dwelling’ in section 98 of the act, or under a domestic premises registration, including non-domestic premises up to 50% of the time)"

Caggie164

Member since
October 2023

274 posts

Posted Mon January 22, 2024 6:12amReport post

That sounds wrong to me. I had a risk assessment with me present and it stated OH couldn't come onto school grounds or pick me up from outside the school. We are living apart. I know of someone who was a teacher who continued to live with her husband and she continued teaching. X

rainyday52

Member since
April 2023

447 posts

Posted Mon January 22, 2024 8:40amReport post

I'm no expert but that sounds discriminatory to me unless there's something in your job description about harming the school's reputation and even then I'm not sure that counts 'by association'. The nitty gritty would be the actual wording of your job description that applies, so I would ask for all the information and specifically the wording - then you'll be able to know exactly what you're dealing with and can think about getting further advice.

I hope that this hasn't spoilt things in your job, although I can't imagine that it's improved relationships. Sending a sympathetic hug your way.....

Aloneandconfused2021

Member since
July 2021

8 posts

Posted Mon January 22, 2024 10:30amReport post

It is definitely discriminatory. I was sacked from my job on Friday for this reason-risk by association and have been told it's unfair dismissal. I'm currently now getting legal help to take them to a tribunal.

if you are in a union contact them or contact ACAS who can help you x

Dolly123.

Member since
July 2022

12 posts

Posted Mon January 22, 2024 7:28pmReport post

Hi all

thank you for all your support. I have got my union on this. The head teacher are going on the reasoning that I can't do my job description which is true with the risk assessment that she has given me. But I said to them I haven't done anything so it's not my fault. Then they said about the reputation of the school. I said there have been no charges made yet. I said all this at a meeting now I have to wait for a hearing date to fight for my job fingers crossed ????


thanks again for all your replies

Edited Mon January 22, 2024 7:29pm