Work in school which has failed on their duty of care to protect the health and safety of several colleagues. When put this to local county council they say that it is the governors especially chair who is responsible for duty of care. How can this be? It is not governors who pay our wages nor do any of them realise that they are responsible for the duty of care of all the staff in the school. Governors were not informed of the problem. The only governor which new was the chair of governors and he either took it on himself or got advice and none of the other governors were told. How can you then take out a grievance on the governors. On contract of employment it states "our employer is local county council". any advice anyone please at my wits end. Any problems and the LEA and county council pass the blame to governors.
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The Governors are legally responsible for the duty of care and, I can assure you they must be aware of this as it is laid down in the Guide to the Law (Governance) that each one of them is issued with on becoming a Governor. The Governors function is to oversee the running of the school and one of their statutory committees is a Health & Safety Committee which must meet at least once a term and carry out appropriate audits. You must also have a staff representative on the Committee to bring up any concerns staff may have and ensure a complete resolution to them. Another statutory requirement is a Grievance Panel where you can take any unresolved problems, especially regarding conduct etc.
So, if you have a problem or concern you must speak to your staff representative (if it is to do with Health & Safety) or your staff Governor (you must legally have at least one) about any other issue. It is then their responsibility to appraise the Governing Body and ensure that appropriate action is taken to safeguard you.
The LEA/County do pay you but their responsibility does not extend to the running and Governance of the school - this lays legally with the Governors and Headteacher.
I can assure you that all Health and Safety issues do rest with your Governing Body - if they will not take responsibility you must put it in writing and send a copy to the Governors Support Office at your LEA office and, possibly, your Union. If your school is a voluntary or aided church school then also send a copy to the Director of Diocesan Education.
I wish you luck, there are safeguards in place for you, so everything should work out!
Yes you are right but the Governors have a legal responsibility for the management of the school.. that is why they are Governors..otherwise what would be the point.. they are in a way the strategic management team....
Your grievance would be taken against their allowance provider/auditors so it would be the LEA... i would seek advice from union rep or CAB...