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school budget cuts...just been fired! Help

(152 Posts)
miniplaty Wed 31-May-17 10:25:23

Posting here for traffic....I've just been told that from September I will no longer have a job. I work part time in a primary school on a fixed term contract until August, this is the second year I have been on a fixed term contract. I've been doing PPA (lesson cover whilst class teachers do planning) and my job is going to be done by a classroom assistant. Can they do this? Is it legal to employ a teacher for 2 years on fixed term contracts and then get rid of them to be replaced by an HLTA? The post will be the same, it's not as if the post will be removed, but it will be done by someone cheaper. Thanks sad

Tyrionsbitch Wed 31-May-17 10:28:04

No it's not legal. Are you in a union?

BlackCatSmushyFace Wed 31-May-17 10:31:07

That sounds horrible but...
If the fixed term contract has come to an end, then I don't think you are technically fired... Just outbid contract. They have met their commitment to you. Apologies if I have misunderstood or got it wrong. It sounds crap but not illegal. Sorry.

mynotsoperfectlife Wed 31-May-17 10:32:04

I'm fairly sure BlackCat is correct.

PurpleDaisies Wed 31-May-17 10:32:28

Unfortunately it's what many schools are doing to save money. Have you worked the entire period of your contract?

VeryPunny Wed 31-May-17 10:32:49

If your contract has ended, then yes, it's perfectly legal. You haven't been fired, your contract has just ended. Rights to permanent employee status kick in after four years (I think on contracts).

miniplaty Wed 31-May-17 10:35:21

I signed a fixed term contract from Sept 15-Aug 16 and then I signed another fixed term from Sep 16- Aug 17. Same school, same job. I asked why they weren't making me permanent and was told they would after 2 years of fixed term, but the budget was tight and couldn't do it then.

aaaaargghhhhelpme Wed 31-May-17 10:35:54

Yes I'm afraid it's legal. You've not been fired. You were hired for a year ftc. And in August that will have finished

Whether it's morally right to then employ someone cheaper (and I'm assuming less qualified) for the role next year is a whole different matter.

I'm so sorry. Do your local council have a 'support teacher network'? I know some supply teachers round here who get work this way

HighwayDragon1 Wed 31-May-17 10:36:13

I gave up in primary schools because of the fixed term contracts and the stress come August. They've not renewed your contact, it's shit, but you've not been fired.

Orlantina Wed 31-May-17 10:37:19

Really sorry. I am in a similar position with school funding.

I did think though that 2 years in a post with a contract gave you employment rights though...

miniplaty Wed 31-May-17 10:37:29

But can they keep the post and just fill it with an LSA? That's where I think they are being illegal, surely you can't give someone 2 yearly fixed term contracts and then fill the same post with someone cheaper and not-qualified?

Orlantina Wed 31-May-17 10:38:44

But can they keep the post and just fill it with an LSA

Maybe it depends on the definition of the post?

miniplaty Wed 31-May-17 10:40:43

I know 'fired' is not the right word, but that's just how I feel. Taken advantage of is also how I feel

indigox Wed 31-May-17 10:40:49

Of course it's legal, and you haven't been fired, your fixed term contract has came to an end and they aren't giving you another.

Orlantina Wed 31-May-17 10:42:23

It sucks. Especially when someone else is going to do the role you were doing because they are cheaper.

glueandstick Wed 31-May-17 10:42:28

They can do what they want. Your contract is over.

indigox Wed 31-May-17 10:42:56

You haven't been taken advantage of, get a grip.

soapboxqueen Wed 31-May-17 10:43:35

Afaik your contract is fixed term. When it comes to an end it comes to an end. They don't owe you further employment whether the role is still there or not. Therefore they could fill the role with a precocious parrot and it wouldn't matter.

alltouchedout Wed 31-May-17 10:44:37

Bit shitty to tell someone who has just lost their job and income to get a grip, ffs.

PeaFaceMcgee Wed 31-May-17 10:45:11

They don't have the money. Don't blame the school.

Orlantina Wed 31-May-17 10:45:16

It's crap that teaching is now a series of fixed term contracts instead of permanent contracts.

I did think though that you got employment rights after 2 years working in a place.

Or is that a myth?

aaaaargghhhhelpme Wed 31-May-17 10:46:07

I can understand how it might feel you were taken advantage of if you were told the second contract would lead to a permanent position.

However they're under no obligation to offer you a job. The contract is up. That's it.
Whether they give the role to a less qualified person really depends on the definition of the role.

noblegiraffe Wed 31-May-17 10:46:56

They can't make someone redundant and then fill the vacancy with someone cheaper (because that would show that the role wasn't redundant). You weren't made redundant though, your contract wasn't renewed.

user1492287253 Wed 31-May-17 10:47:22

this is exactly what happened in further education a few years ago. its rubbish.

lottiegarbanzo Wed 31-May-17 10:47:35

Yes, they can meet their needs in a different, cheaper way. You're getting confused with the idea of redundancy, where posts rather than people are made redundant.

In that situation, were you on a permanent contract, you could make the argument that the post continues, so, unless they were sacking you for poor performance, you should continue doing it. They could counter that they'd altered the role so that it wasn't the same job and could now be done by a less qualified person.

Anyway, sorry about your situation but yes, of course they can do this.

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