Help! School say I’ve missed the deadline and I can’t leave at Christmas!

[lifesclear]

That’s not right, surely?

It’s 31st October! So no you haven’t missed it. Unless it’s an academy with different rules?

Did you hand your notice in today?

Wouldn't it need to be before half term to leave at Christmas?

It’s an academy but I wasn’t aware that made a difference ... panicking now.

But that depends on when half term is, doesn’t it? As some places are on half term this week!

Oh, ignore my answer - it's changed since I left teaching!

It’s always 31st October. Unless your school has different published dates somewhere?

I cant find any but then it does tend to make things up rather. HT was adamant I can only leave at Easter

It’s October 31 unless your terms and conditions are different because it’s an academy.
The worst they could do is claim breach of contract (how far are they realistically going to pursue that) or give you a bad reference (you’ve already got the other job...)

Are you in a union?

Nationally it is 31 October but it is possible that as an academy your school has its own arrangements. You need to check your contract.

Do you have a job to go to? Were they expecting your resignation? Could they be bluffing because they know they’ll struggle to recruit now?

Check your Academy T&Cs and then speak to your union. Have you been offered another job? It’s always the 31/10 so he might have made a mistake as he’s a head (his notice period is longer).

I have another job. I’m really stressed out now. I’ve never ever heard of different notice periods than October 31, feb 28th and may 31.

Reply to your head and ask where the dates for resignation are to be found? Because it should be 31st October.

Agree - should be 31st October. Very odd to only be allowed to leave at Easter or in summer.

Anything different from October 31st would need to be very clearly stated in your contract. Do you have a copy?

Were you employed in the school when it converted to an academy from Burgundy Book pay and conditions? If so, how long ago was it?

I hope you get this sorted quickly. Must be very stressful.

It is 31st. Unless you are a Head?

You have another job. Just leave. They can't physically restrain you!

It’s the 31st. Hand it in ASAP and ask to be directed to where ever it states differently and cc the chair of governors ?

Agree with pp. Just leave. They might try all kinds but it's not 1895, they can't put you in chains.

Have you found your contract, OP?

Make sure that you get that letter in for tomorrow and get proof of delivery.

Sadly academies can't set their own resignation dates and they do sometimes differ from those for teachers in maintained schools. However these dates should be very clear in your contract. If they are not clear, they can't uphold them. If they are clear, they are within their rights to hold you in breach of contract. The worst that can happen then is that they may ask you to leave immediately and suspend your pay, as breach of contract can be gross misconduct, depending on the wording of your school's disciplinary policy. The best that could happen if they hold you in breach of contract is that they won't write you a good reference. You must check your contract in the first instance to see what your resignation date is, before you do anything else. Good luck

That should say CAN set their own dates not can't... d'oh!!

My experience of academy schools is they ignore policy and use words and threats to wear you down instead.

A simple email is needed.

Direct me to where it states the usual date of 31/10 doesn't apply and what the notice period is.
Reference the date of your current resignation and state it still stands and they must accept it unless they can direct you differently.

Also be aware that if it transformed whilst you worked there they may try and direct you to a current contract. Check the one you have

TBH handing in notice on the 31st of October is shitty for any school as they have no chance of replacing you with someone that is currently teaching, we were always advised (an I always advise my staff) that at least two weeks before the end of term is common courtesy. I appreciate in your case this might not have been possible but I can see why the head might be a bit pissed off and trying to keep hold of you longer. I would check your contract if an academy and the burgundy book if state maintained. Our academy is before the holidays so you could potentially be in breach of contract.

As everyone else said, check your contract or your academy terms. You might be ok, you might not be.

As an aside, unless you got your job on Friday, in which case your head would have been well aware you were on interview, why are you only resigning today?

T0rt0ise It might be courteous to resign two weeks before half term, but unless the school offering you the job is working to the same timescale, it's not always possible. As would be the case for your school recruiting someone currently teaching in those two weeks that your member of staff is courteously giving you.