work disputes

This question comes from a senior teacher in a primary school who is acting up as deputy head. The main features of the question have been summarised below.

Our enquirer tells us that he is currently involved in a dispute with a colleague. The dispute has come to a head when the colleague acted aggressively in a meeting. The behaviour of the colleague resulted in other members of staff making complaints about her to the head teacher. The questioner has since been told that his colleague has written a letter to the head teacher that contains criticisms about his professionalism.

His main concerns are:

• What action should be taken against the colleague for her aggressive behaviour?
• Has he got the right to see the letter and can he have it removed from his personnel file?
  

Disputes between colleagues
The problems that our enquirer is experiencing with his colleague are all too common in the workplace. Poor relations between colleagues can be destructive for the individuals involved and for all the members of the team.

A resolution to problems such as this should be dealt with by the head teacher. The head has received complaints from other members of the staff team and now it is a matter for him to investigate the complaints and take the appropriate action.

Grievance procedure
If you are not satisfied with the response taken by the head teacher then you could take out a grievance against your colleague.

All schools are required to have a grievance procedure.

The grievance procedure is for any complaint that an employee has in relation to his or her employment. It is designed to deal with problems fairly and promptly and as close to grass roots level as possible.

More information on Grievance Procedures
DfEE website http://www.dfee.gov.uk/ School handbook

Access to Personnel Files
The issue of access to personal records is contained in the Data Protection Act 1998 (DPA).

'Data Protection Principles'
The purpose of the DPA is to regulate when and how information concerning workers may be obtained, held and disclosed.

The Law

• The law says that you are entitled to a description of the data being kept on you.
• Under section 8 of the DPA you are entitled to a clear and understandable copy of the data, including details of where the data came from.
• The employer is only obliged to provide the information requested on the payment of a prescribed fee.In the majority of cases the maximum fee that the employer will be able to charge is £10. The employer will have to respond to the request 'promptly' and in any event within 40 days beginning with the day the request was received and the fee paid.

Exceptions
Unfortunately, the above is subject to exceptions.

If your head teacher is unwilling to disclose the documents, he must be able to satisfy the following exception:

• that the consequences of disclosing the information would cause the identification of another person and it is 'reasonable' in all the circumstances to comply with the request, not withstanding the lack of consent by the author.

Reasonableness
In determining whether it 'is reasonable in all the circumstances' regard must be had to the duty of confidentiality, the efforts made to secure consent, and any express refusal by the individual to disclose the information.

Apply to this situation
There are clear problems with this situation. The author of the letter may well refuse to give her consent for you to have access to the letter. In these circumstances the head teacher will have to decide whether it is 'reasonable' to allow access to the letter.

Remedies
If you believe that the contents of the letter contain inaccurate information and you have suffered any damage as a result of that information, i.e. failure to obtain promotion, then you are entitled under the DPA to bring a claim for compensation and can apply for an order to rectify, block, erase or destroy data which is inaccurate.

What Now?
Approach the head. If you do not obtain the satisfactory response, then obtain professional assistance, either though your Union or a solicitor who specialises in employment law. The Law Society's website has a directory of solicitors with details of their specialised areas. www.solicitors-online.com

You can read about the same issue from the perspective of experienced teacher, Mollie Wren, in Staff grievances