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JGM
JGM, Solicitor
Category: UK Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I'm looking template to help me write a vote of no

Customer Question

Hi, I'm looking for a template to help me write a vote of no confidence in our current headteacher
Submitted: 1 year ago.
Category: UK Law
Expert:  JGM replied 1 year ago.

You don't say whether there is any rule, constitution or Articles applicable to the school that would make a vote of confidence a competent mode of proceeding, rather than standard grievance procedure under employment law as would be the usual way of proceeding and as already suggested by the governors. However, on the basis that this is possible the wording would be very simple and would be in the form of a letter addressed to the Board along the lines of "We the undersigned, all teachers duly qualified of xx school, hereby propose that xx, headteacher of the said xx school is unfit to hold that position for the reasons herein stated." It would then be signed and an appendix would have to outline the various reasons for the motion. This is all I can advise at this stage without access to constitutions, rules etc.

Customer: replied 1 year ago.
Hi, 4 official grievances are already in place, the thought behind the vote of no confidence is strength in numbers. A high proportion of the staff are very unhappy but don't necessarily have specific, personal, important enough issues to form an individual grievance. There is a fear factor and bullying in the school and lots are scared for their jobs of reprocussions if they speak up alone but do want to make the governors aware of their feelings, anonymously if possible. What other options are available?
Expert:  JGM replied 1 year ago.

I think as many official grievances as possible supplemented by an open letter to the Board signed by as many of the teachers as you are able to get. I agree that strength in numbers is important. The Board are obviously feeling the pain already if the chairperson has already resigned over this. Happy to discuss.

Customer: replied 1 year ago.
There are only 14 teachers but lots of other staff: TAs; Admin; kitchen etc, many of which feel the same. Are their names just as important?
Expert:  JGM replied 1 year ago.

If they are affected by the behaviour of this individual then yes they are important.

Customer: replied 1 year ago.
We've been told that it should be standard practice for the head to be put on 'gardening leave' whilst an investigation is carried out. Is this correct?
Expert:  JGM replied 1 year ago.

Gardening leave is generally where employment is terminated and the person is not asked to work their notice. The term where there is an ongoing investigation is generally known as suspension. Whether or not the person is suspended pending an investigation depends on the nature of the allegations and the circumstances of the individual case.

Customer: replied 1 year ago.
Bullying, harassment and discrimination are words that have been used within the grievances?
Expert:  JGM replied 1 year ago.

That would generally merit suspension pending enquiry.

Customer: replied 1 year ago.
Will a staff vote of no confidence add wait or would we be advised to leave it to the four formal grievances and see how things develop?
Parents have also made both individual and a large group complaint already. 3 governors held a meeting with pupil voice attended by approximately 70 stuff during these summer holidays
Expert:  JGM replied 1 year ago.

I think it would add weight.

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