Head won't let me leave

[dippingbackin]

I posted on here couple of weeks ago about leaving at May half term. I have been offered a job that starts on 1st June, which meant I could give half a terms notice. Perhaps naively, I thought that as several colleagues has done this previously and that I was giving half a terms notice my head would be fine with it. How wrong I was, he is refusing to let me go until the 1st July. It has all got really unpleasant and I am so stressed that I ended up crying twice at work last Friday. Whole thing is a bloody nightmare.

I am exhausted from the unsustainable work load and cannot keep working until 12.30/1am every night. My solution was to find another job after ten years at this school rather than literally collapse with exhaustion and stress. I thought this was also the better option for the school!!!

Turns out the head thinks it is imperative that I teach my classes for four more weeks despite the fact most of them will have gone on study leave and some will be on work experience. I have offered to go in and help with the transition after the 1st June (I have responsibility within a department) and to support whoever takes over from me if he lets me go.

I know that legally there is little I can do, but all the literature states that the expectation is that the head gives it reasonable consideration which he is not doing.

It is totally against my nature to just leave but I really don't know what else to do.

Any thoughts / advice or similar stories much appreciated.

Sorry to hear your head is being difficult :(

I did think it was the case though that although you only have to give half a term's notice, it can only be done if you give your notice in at a half term, to leave at the end of a term, so I can see why he wants to keep you.

Can you negotiate a later starting date with your new employer?

I think it's a bit naive to think you can just get up and leave before the end if the academic year, especially when your planned departure date is so close to the year end. Don't you think the children you teach would benefit from the continuity of having you, even if on study leave? What if they wanted to contact you for help? They might feel awkward asking a supply or new staff member.

If you look at your contract it will clarify resignation dates - this is from the NUT website

NOTICE PERIODS AND RESIGNATION DATES

The Burgundy Book national conditions of service agreement for teachers provides that classroom teachers, deputy headteachers and assistant headteachers are under two months' notice and in the summer term, three months' notice, terminating at the end of that school term.

For the purposes of resignations and notice periods, the dates of the three school terms are deemed to be:

· for the autumn term, from 1 September to 31 December inclusive;

· for the spring term, from 1 January to 30 April inclusive;

· for the summer term, from 1 May to 31 August inclusive.

Therefore, teachers who wish to leave their jobs should observe the following deadlines when giving their notice:

· to leave at 31 December, give notice by no later than 31 October;

· to leave at 30 April, give notice by no later than 28 February;

· to leave at 31 August, give notice by no later than 31 May.

It is important to note that these provisions only allow teachers to resign their posts with effect from the end of term

There is no right to leave at half term unless this is mutually agreed by the teacher and the school

I must confess I am surprised you think you can leave mid-way through a term, it is very clear that teachers contacts expect resignations by a set date to leave at the end of a term.

sleepyfergus they will have finished their exams so won't need any more support. That is why I have stayed on until now, I want to make sure they get properly supported in the lead up to their exams.

asbrightasajewel as others have left at may half term it did not seem unreasonable that I would be able to as well. I am fully aware of the Burgundy book, however if exceptions have been made for others, it is frustrating to be told the same can not happen for you.

Sick leave for stress?

The new sick notes allow doctors to say what you can and can't do and what support you need to return to work. It depends on your relationship with your GP, mine would probably sign me off and say what I needed was support in to the new role, ie your old school would be paying you and you would be 'volunteering' at your new school.

I know it's a shitty option, but you do sound like it is making you ill.

The rebel in me thinks if you have already got your new job and you don't need a reference from your old head, just leave!

Theoretically they could sue you for breach of contract, but as far as I'm aware this almost never happens. It is a risk though.

Alternatively, getting signed off sick as suggested could work. you can self certify for one week, so you'd need a sick note for the remaining 3 weeks. You just couldn't be formally employed by you new school until 1st July. Nothing to stop you 'helping out' though .

Apologies if this is terrible advice but no one can MAKE you go to work!

Those who have left at the May half term may have handed in their notice by the 28th of Feb, so they may not have had special arrangements IYSWIM.

Thanks for the advice. I am reluctant to get signed off with stress despite feeling the pressure. It may be a genuine option though and not just to be able to leave.

The colleagues who left at May half term all resigned just before Easter so the timing is the same. I did wonder if they had resigned by 28th Feb but they all said no. In fact they all said the Head couldn't have been more accomodating as he was pleased they were going for various reasons.

That is a bugger, then.

Have you asked your new job if they can wait until July for you?

They really want me on 1st June. It is not in a school and they have things they need me to do before the end of the month.

It is indeed a bugger.

What would happen if you just left?

I mean legally. Obviously you can't be forced in at gunpoint so if you simply refused to return, what would happen? What would be the consequences of making that choice?

This sounds quite promising maybe? It's from ATL website.

"Leaving before the notice term has expired

If you leave employment without giving the full amount of notice required by law, your employer may be prepared to grant an early release from your contract. However, you could also expose yourself to unfortunate consequences.

Your employer may refuse a reference (or send one in unsupportive terms). A teacher has no legal right to a reference at all and cannot challenge its contents unless it is inaccurate and/or malicious (see the references section of this website).

Your employer could also take you to court. The employer can seek compensation if as a direct result of receiving inadequate notice additional expense is incurred. The claim cannot include the normal cost of advertising the vacancy, but the extra costs of, say, advertising more widely or expensively to fill a post at short notice could be claimed.

Such claims are rare; to ATL's knowledge, no LEA has yet sued a teacher for leaving early. However, independent schools have been known to withhold final salary payments from departing employees as security for consequent expenses. Similarly, some local authorities already pursue claims against staff to recover training expenses if their departure breaks a 'staying on' covenant."

fenella - I think that the worst that can happen is that he sues me for breach of contract as set out above by thehappycamper (thanks for this), however as an employment lawyer friend has told me, it is very unlikely that any lawyer would advise him to do that.

My biggest concern is that he will contact my new employer and start slating me. I really do not want to start with any unpleasant 'baggage'. I am not really bothered if I need a reference in the future as I have other possibilities on that front. He is a bit of a loose cannon when things don't go his way. He is so used to staff just backing down (essentially he is a bully) that this could go any way as he will be so irritated that I am not complying.

Thanks again for the info from ATL - very helpful.