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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to expect some kind of severance pay ?

73 replies

chicitina · 16/06/2018 00:34

So my fixed term contract is not being renewed I will have worked at the school for two years in July. The head called a meeting with me face to face and told me "there is no job for you in September". A little background, joined the school as an NQT, was off for three months maternity last summer, I was having some difficulties in my first term, however I have now sucessfully passed my NQT year. I suspect head did not want me to continue due to the earlier issues I had. I started with a few others who all had their contracts changed to permanent whilst I was on leave. Am I entitled to claim anything ? I don't believe the dismissal is fair, also the person hired to cover me for maternity has been offered a permanent role.

OP posts:
SleepingStandingUp · 16/06/2018 00:36

Fixed term contact is just that, the only rights you might have was if they were dismissing you before the end of the contract.
Is there a notice period? I assume mid June to end of July would be within anything started in your contact though

Daddystepdaddy · 16/06/2018 00:38

You are not being dismissed. Your contract is not being renewed. You are basically entitled to nothing if it isn't in your contract.

DailyMailReadersAreThick · 16/06/2018 00:41

I'm sorry. It's horrible to lose a job, however it happens. Sad

I don't believe the dismissal is fair, also the person hired to cover me for maternity has been offered a permanent role.

You need to speak to somebody who knows employment law about this (i.e. not people on the internet). I had a good solicitor when I was made redundant and I can PM you the details if you like - it was all remote so it doesn't matter where you're based. Or ACAS are a free source of advice, though as they're free they're overworked and you might have to wait to speak to someone.

bridgetreilly · 16/06/2018 00:43

That's not dismissal, though. You haven't been sacked, they just haven't renewed the contract. They don't have any obligation to do so.

NT53NJT · 16/06/2018 00:46

Yeah as above. If the contract is coming to an end and they're not renewing it then you're not being sacked and are entitled to nothing. Better they tell you now than a week before it ends I suppose

2up2manydown · 16/06/2018 00:49

How long were you in the job before you went on mat leave?

nottinghillgrey · 16/06/2018 00:57

I don't believe the dismissal is fair,

What dismissal Confused

MrsRonBurgundy · 16/06/2018 00:59

Were you able to apply for the permanent positions that the others have been offered? That's the only potentially shaky ground I could see, if you weren't given an opportunity to apply (if the roles permanent roles that they've been offered are roles which you could do).

If you were, and didn't apply, or applied and weren't offered after a selection process, then I don't think there is anything that can be claimed?

bridgetreilly · 16/06/2018 01:03

Also, redundancy pay is normally only for those who have worked longer than 2 years. So you wouldn't get that even if you had actually been made redundant.

lindalee3 · 16/06/2018 01:13

Bad luck OP, but you have not been sacked. Your contract has not been renewed. Good luck in the future, but you have no case here.

AllyMcBeagle · 16/06/2018 02:34

Actually, if you'll have been there 2 years at the date of dismissal you might possibly be entitled to a redundancy payment if the reason why the fixed term contract is not being renewed is because of any of the following:

  • the employer ceases to carry on the business in which the employee was employed;
  • the employer ceases to carry on that business in the place where the employee was employed;
  • the needs of the business for employees to carry out work of a particular kind cease or diminish; or
  • the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish.

ACAS's website seems to suggest it might be possible:
m.acas.org.uk/index.aspx?articleid=4587

When I last worked in employment law there wasn't any clear-cut case law saying whether non-renewal of a fixed term contract could count as redundancy, or whether it was just some other substantial reason for dismissal. But it's been a number of years and I haven't been keeping up-to-date with the law in this area, so seek specialist legal advice if you are considering pursuing this at all.

AllyMcBeagle · 16/06/2018 02:38

I've just re-read your post and noticed you mention the dismissal might be unfair too. Get advice on that. Again, it might be arguable that the non-renewal is effectively a dismissal (I haven't worked in this area of law for many years so can't offer definitive advice unfortunately).

QuinnElle · 16/06/2018 02:39

Your contract is not being renewed. You are not entitled to anything and why would you be. You had a fixed term contract, for whatever reason they no longer want you at the end of this contract so the contract is over. Pretty simple. Fixed term contract..... Fixed for the term of the contract. Contact is over. You are no longer wanted. You no longer have a contract.

BarbaraofSevillle · 16/06/2018 05:32

Are you in a union? If so, seek advice from them, otherwise try ACAS.

The question would be whether you have been discriminated against for taking maternity leave, ie everyone except the person on maternity leave has a permanent contract?

cricketballs3 · 16/06/2018 05:40

As PP have said it's not dismissal. In terms of the other colleagues - do they offer different subjects that are needed whereas yours isn't?

Hopeislost · 16/06/2018 06:09

They are making you redundant, so you are entitled to redundancy pay.

Anyone on a fixed term contract of 2 years or longer must be treated the same as a permanent employee, otherwise it is discrimination.

So yes, you also have a claim for unfair dismissal if they have not gone through fair redundancy procedures.

Are you with a union?

whereiscaroline · 16/06/2018 06:54

OP you are getting some really inaccurate advice here, mixed in with some good advice! Please go and speak to an employment lawyer.

Angrybird345 · 16/06/2018 07:02

Fixed term contract ..,., says it all!

Clairetree1 · 16/06/2018 07:06

No, of course you are not entitled to any severance pay. Your contract has ended. That's all. perfectly normal and standard.

TittyGolightly · 16/06/2018 07:08

Legally speaking it is a dismissal. You’ve posted about this before (in Employment Issues) where you received advice from qualified HR professionals and solicitors.

greendale17 · 16/06/2018 07:09

They are making you redundant, so you are entitled to redundancy pay.

^Wrong. She is on a fixed term contract. It has ended. It is not being renewed. She is entitled to nothing!

MyOtherProfile · 16/06/2018 07:09

Call your union. That's what they're there for. It sounds to me like no case as pp have said, because you're naturally coming to the end of your contract but the union will be able to advise you.

And if anyone is in teaching (or any other job) and not in a union I highly recommend sorting that out now.

Pleasebeafleabite · 16/06/2018 07:11

I think you should link to your previous thread on this OP I can’t really see what’s changed

TittyGolightly · 16/06/2018 07:13

Previous thread (different user name).

www.mumsnet.com/Talk/employment_issues/3213299-End-of-teacher-contract-not-renewed

Interesting other threads in this user name with a completely different employment issue. How are you working in the UK and Spain at the same time, OP?

TittyGolightly · 16/06/2018 07:14

Oh, and in case you didn’t realise, YABU for posting threads like this in AIBU and not Employment Issues.

Swipe left for the next trending thread