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Could I ask for pay in lieu, even though I’ve already resigned?

16 replies

OpheliaBush · 14/07/2021 22:53

Hi- after some advice please. I’m not great at this stuff (thanks in advance for reading- sorry it’s a bit long..)

I’ve been on a yearly fixed term teaching contract for around the last 4 years (in one school).

Essentially, they forcibly ‘encouraged’ me to resign, 2.5 weeks before end of summer term.

I’d been threatened with ‘capability’ (a last resort programme to improve performance- apparently not a pleasant process, especially in this school).

This involves being observed by a member of senior management who gives formal feedback, and during this meeting you’re informed either that you’re being put on capability or that you’ve passed the observation.

So I was observed (unexpectedly to a degree) in a lesson that for various reasons would not have been good enough.

No feedback given.

The same day, a member of SLT popped by for a chat “as a colleague- not SLT” (so she kept saying- very hard to believe on a number of levels) asking how I thought it had gone. I said I thought badly, and she went on to say “I just want to make sure you still have a career in teaching”, to which I looked a bit puzzled, and she said if I fail capability it will stay on my record and I’ll not be able to get another job in teaching. She was saying things like “if it were me I would definitely resign and look for a job elsewhere “ etc etc, and offered me the afternoon off (I didn’t take it) - basically, I was a bit blindsided and ended up agreeing with her (despite being fully aware from the start what she was up to) and saying that it was probably best if I resign.

She replied that I didn’t have to make any rash decisions and that I should go away and talk to someone about it.

She also told me to speak to HR about making sure I’d be paid (said that the head had previously ‘honoured’ payments- not sure, it was a bit vague but she referred to my personal circumstances (single mum) as if to imply they were being reasonable).

So I spoke (again, informally) to HR woman that afternoon who said my contract ends 31st August and that I’ll be paid until then. Her advice was that I should resign before going to the feedback meeting (which hadn’t been mentioned at all at that point anyway) as capability would be on my record from that meeting even if I decided to leave afterwards.

Nothing formal at all had been said or done at this point (a Thursday afternoon).

The following morning (Friday), a draft of next year’s timetable for all staff was emailed out to everyone- I’m not on it.

Then Monday was INSET day- head of dept pulled me out first thing (I’d not spoken to her about any of this), asked me a few questions about what had been said on Thursday, then said that the INSET presentation is all about next year so it was up to me, but instead of staying I could clear up some classrooms instead.

Later that week I got an email inviting me to the feedback meeting- email stated that this could lead to capability. So I sent my resignation email, which was acknowledged by the head.

Have looked at contract and despite being yearly fixed term, it states that to leave on 31st August, 4 months notice is required (from either side). I’d assumed they could just at any pint day they’re not going to renew my contract, but I assume this notice period is the reason they’ve not just done that.

I know all conversations have deliberately (on their part) been off record, and I know I’ve voluntarily resigned. But essentially they’ve pushed me out.

Do I have a case for simply asking them to pay me in lieu of the 4 month notice period (obviously not legally as I resigned) - but does this sound in any way reasonable or doable?

Please go easy on me if I’m being completely stupid- as I said, I’m rubbish at all this!

OP posts:
RedHelenB · 15/07/2021 06:34

Are you not in a union? Best thing would have been to get their advice from the start. Do you want to carry on teaching ?

gg96cgp · 15/07/2021 07:20

What did you say in your resignation email? Did you outline a last date of employment?

www.citizensadvice.org.uk/work/leaving-a-job/resigning/your-notice-period-when-resigning/

Livingmagicallyagain · 15/07/2021 07:34

100% contact your union, don't do anything until you do. If you're not a member, join today.

Heyha · 15/07/2021 07:39

Agree, union. You'll get advice for general HR but teacher resignation/notice periods are unusually fixed so specialist advice would be a lot better.

Technically you haven't given them the correct amount of notice for Aug 31st anyway so my gut would be email to say that you've realised this and give the end of the Autumn term as your correct leaving date, see what they do with that.

But inwoksnt do that without speaking to union. And NOT your HR in school or even LA/academy. Don't give anything away yet, they are in the wrong, you just have to tread carefully to ensure you get the best for you out of their cockup.

Mountaingoatling · 15/07/2021 07:42

You can put this request in writing and may well find they will pay.

Alpinechalet · 15/07/2021 09:03

They clearly wanted an easy way out as capability is a lot of hard work as they have to show they have supported you to address concerns. It also contains a higher risk of an ET.

You resigning is a win win for them as it is much simpler, cheaper, it’s requires no input from them and reduces the risk of an ET.

As pp states get TU advice then write and confirm as per contract you are giving the required 4 months notice and your last day of employment is xxx. If they wish to terminate you employment earlier than this date you are happy to discuss PILON (Payment In Lieu of Notice). They would be very silly not to consider this.

OpheliaBush · 15/07/2021 11:16

Thanks so much to everyone for your replies. I couldn’t bring myself to admit earlier that I’m not with a union (sheer idiocy I know, and have known all along) but still thinking I might join one now. I’ve heard NASUWT are good?
@Alpinechalet love haha a good point- I doubt they would want me back in September as it causes inconsistency for everyone and like you say it’s more hassle for them. My worry is that I’ve already resigned- @gg96cgp my wording was “with effect from the end of this academic year (2020-2021)”.
Wondering if it’s possible to retract that (now it’s been acknowledged and accepted) I feel so frustrated with myself for just going along with it.
The thing is, I’d be happier on supply in terms of workload/stress (teaching doesn’t suit me because I’m very disorganised and don’t keep on top of things) but think I do have some worth in the actual classroom (hence supply). So it’s not that I actively want to stay here, I just know they’ve gone about it in a very underhanded way and that financially, they’re screwing me over at a time when I desperately need the money.

OP posts:
OpheliaBush · 15/07/2021 11:17

Sorry I didn’t tag everyone but sincere thanks to all for your help

OP posts:
OpheliaBush · 15/07/2021 11:18

@Alpinechalet sorry no idea where ‘love haha’ came from! 🤦🏻‍♀️

OP posts:
Heyha · 15/07/2021 12:53

I'd recommend NASUWT and I'm sure they would be very keen to support a new member who has very clearly been screwed over by an unscrupulous management so don't be afraid to give them a ring- they will hardly have to do anything I'm sure, and they'll gain a member in the process.

The point about PILON from @Alpinechalet is excellent, so I think now what I'd do is email them to say you've taken some advice (as you have, here!) And want to amend your leaving date to match that stated in your contract which is 4 months from whenever and that you would be willing to consider PILON for an earlier departure if that is preferable to them for operational reasons.

You don't have to say you've not yet spoken to your union, they will just assume that "taking advice" means that you have. I would try really hard to find time to ring them today before you send that email just in case though.

starfishmummy · 15/07/2021 13:17

I'm confused because you stated you are on a yearly fixed term contract. Surely you are just 'not being kept on' /leaving when that contract ends?

Alpinechalet · 15/07/2021 14:11

@starfishmummy the point is they want the OP to resign. So under the contract she is obliged to give 4 month’s notice.

OP I would almost write an apologetic letter. I have just read my contract and realised I have not given you the notice required under my contract. I apologise for this oversight on my part and am now giving the required four months notice My last day of employment will therefore be. I realise this is mid way through a term which could impact both parties. I am happy to return in September and complete my notice period. However, having sought advice I understand that you could pay me PILON for that period.

Orf1abc · 15/07/2021 14:16

You can only retract or vary your notice by mutual agreement. I can't see that they're going to agree to it, they're not obliged to and they know it will cost them more.

Contractual terms can be varied by mutual agreement, so your shorter notice period is valid.

Heyha · 15/07/2021 14:28

Would you then be going down a rabbit hole of arguing it wasn't varied by mutual consent if the OP was pressured into it with the threat of capability? I guess that's a a case of he said/she said but I still think a union would be all over it. The late notice of the non-renewal of contract and the random lesson observation are all pretty much no-no's in schools and could easily be evidenced to back up what the OP would report about the verbal conversations.

The timetable being written without OP on it would have been weeks if not months in the planning so again would support her case.

Schools are peculiar workplaces and the threat of capability is the oldest trick in the book to get rid of staff for any reason the leadership deem necessary.

I would bet what's happened is they have relied they don't need OP next year but have forgotten to give the correct notice period to not renew the contract and so have had to concoct another way to get out of retaining her.

Orf1abc · 15/07/2021 15:06

A union would be all over it for an existing member, and where they are informed of the situation before she resigned. They'll hopefully offer advice as a courtesy, but they don't take on cases for non members after the event. It's like an insurance policy, you can't buy insurance to cover something that happened yesterday.

Orf1abc · 15/07/2021 15:13

Also worth remembering, if they did allow you to rescind your notice then they'd be entitled to continue the capability process against you.

They've behaved terribly, but acting before taking advice has played right into their hands. Take care not to make things even worse for yourself.

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