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Teacher - investigation for gross misconduct - sick leave - can I resign?

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  • Teacher - investigation for gross misconduct - sick leave - can I resign?

    Hi, I have been suffering with a bad back for the past year and is a result of my job. There is a huge amount of admin in my role and I have never had a workstation assessment. In September I requested an occupational health assessment so that I could get a new chair. In December I was told i needed medical evidence. I supplied this in January and I have heard nothing back.
    Alongside this, my employers have been getting a lot of bad press over the last year. I agree with the negativity and I have highlighted in writing (twice) how their decisions are having a significant effect upon the health of the vulnerable children we have in our provision. Psychiatrists and Psychologists in the Child and Adolescent Mental Health Services have also put this in writing to them. I have raised specific safeguarding concerns, I have evidence and these are in writing. There have been resignations and these roles have not been advertised. We are therefore very short staffed, the timetable has been reduced, we do not have a lunch break but have to stay with the students, we only have a first aider for 2 out of the 5 working days, there are significant dangers with potential ligatures, no ligature cutters, etc. As I manage the provision, I have had to raise these concerns. Last year our employers closed our site due to safeguarding but there had not been a consultation period so we had to reopen in September.
    Due to all of this, I have been working on an application for a free school because we still do not know if this current provision will remain open. Our young people very much need a local provision. I told my employers of my plans in November; I have this month been told I am under investigation for gross misconduct (risk to my employer's reputation). They have seen a letter sent out by the free school steering group that states the new free school will better meet the needs of our young people in a number of ways. My employers state that I am a part of a steering group which is painting my employers in a negative light and are investigating me. Do you think I have a leg to stand on in court for constructive dismissal? (I am currently off sick for my back too - made worse by sitting in an investigation meeting for 3 hours!)
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