Advertising a post I currently hold?

[qumquat]

Hi I'm a temporary HOD for 2 years (started in Sept). I was given the role as my HOD had taken on a temporary SLT post. He didn't return in September due to a disciplinary issue and the Head is now talking about advertising the HOD post (which is not doing much for my morale at work...). Can they legally do that when I have been given the post for a 2 year term?

Check your contract - if it’s temp it will prob have a clause where they can end it with a short notice period. Our temp contracts are only 1 week notice to end them!

It's worth contacting your union. Something in the back of my mind is pinging at the fact you've been in role for 2 years. I think after 2 years you have permanent rights.

I think they can. After two years you should have some rights with regards to level of responsibility and salary but not necessarily to that job if you know what I mean.

Thank you. To clarify I'm on a permanent contract as a teacher and have been at the school 9 years. It's the HOD position that I currently have for 2 years. I don't have a contract for it just a letter saying I have the job for two years.

It sounds as if you were employed to cover a secondment which is not going to happen now.

I suppose the school will say they don't need a two year cover, they want to make a permanent appointment, and you're welcome to apply.

I work for a LA and many of us have had to apply for our own jobs more than once. Contact your union, but also make sure you apply before the deadline.

From what I can gather I would see it like this- the 2 year contract was on the basis that previous HOD was being seconded for 2 years and now due to this disciplinary issue previous HOD will be potentially moved on (or something to that effect) therefore they now need to be looking at a permanent HOD. I dont see it as unreasonable and I dont think you should take it as a slight against your work so far. When I was acting in a middle leadership post and it came up permanent my head teacher didn't suggest I apply for it so I wondered if she really wanted me but I applied anyway and got the job. Now I realise it would have been quite unprofessional for her to suggest I apply as it might suggest a bias towards me over other potential candidates.

2 years is when you are entitled to redundancy and dismissal rights, it wouldn't apply in this case. A temporary contract only becomes permanent after 4 years.

What the school are doing is perfectly legal.

Ask the Head whether you can apply for the position.

The way I read it is that you started the role last September and at that time you were told it would be for a 2 year period so until Sept 2020.

Sorry there's quite a lot more context that I probably should have included. We were a 2 person dept and the person who was fired hasn't been replaced. So this year has been a nightmare of planning every single lesson for cover teachers and non specialists. When I asked if and when they were going to advertise for another teacher, they said they were going to advertise for a HOD. I feel I have sweated blood for this school for the last 9 years and especially this year. Even today I'm ill in bed and still going in from 12-5 this afternoon for the Yr11s as if I don't who will? Yet they want to recruit above me instead of below me.

No they want to do a recruitment process. Presumably you are open to apply? That is the fairest way. Often people complain that schools simply appoint people with no process.

If you have been doing the job you will have experience to use through the recruitment process.

You may also find that their recruitment policy means they have to advertise - even if they ideally want you for the job.