Leaving without required notice

[CaptainBrickbeard]

Does anyone know how likely it is to be allowed to leave at Christmas when you only resigned at the start of November (missing the 31st October deadline by a week)? I’m currently signed off sick with stress and can’t imagine returning but am not getting a response on a leaving date. There is no way I can work until Easter.

How much notice are you required to provide?

Besides, if it is stressing you out to come back, chances are you will be signed off again to avoid returning.

Just one thing about the lack of response, can you email the person you sent the notice to and ask her to confirm they have received it? You don’t want to find out just before Christmas that they fidn’t Get it.

Three leaving dates in the year: 31st December, 30th April and 31st August. Half a term’s notice to be given so to leave by Christmas, resignation needs to be in by 31st October. Technically, I am supposed to now stay until Easter - so another five months. I honestly can’t do another day!

Did’s get it

I have followed up the original email and sent both to several people. All have failed to acknowledge receipt but I have checked that my email account is working.

That is strange, can you ring the HR rep for your department? It is not on to leave you hanging there if you suffer from stress (or they are hoping you will decide to stay once you feel better).

I also don’t need the money and would leave at the drop of a hat. I don’t feel great being paid whilst I’m not going in and I want them to be able to recruit my replacement. I know that will be very difficult at this time of year but they can’t even advertise until they formalise my resignation so I can’t understand why they are dragging their heels. I’m part time, core subject, secondary. I recognise it’s a bit of a nightmare for them especially as I have been an outstanding teacher up until now but things have changed.

I was in a situation like that eons ago. My notice letter went ignored by my boss for a couple of weeks. After that I told the HR person that, as she knew, I had handed notice on x date and was definitively leaving on x date, could they please ensure my last payment was correctly calculated.

My boss was on the phone in less than ten minutes, complaining I shouldn’t have asked other people to manage my leaving. It was not nice but it served its purpose, my notice and original date of submission was acknowledged and I was out of there in time for my new job.

I think they’re more likely to let you leave at Christmas if you’re going to be signed off till Easter than if you were just asking because you wanted to start a new job in January.

What are your plans? Will you be looking for a new job (and therefore need a decent reference)?

I don’t need a new job or reference from them. I’m in a very unique situation but I definitely will not be returning to teaching. I’m in a position similar to if I had won the lottery but not exactly that. I would think they would let me leave at Christmas but wondering if they are going to drag it out for some reason and sue me for breach of contract. I was off with stress before I came into the money and I wasn’t expecting it to happen. I am still stressed at the prospect of returning to work (can’t handle the behaviour anymore) but obviously I am much happier because my situation has changed for the better so dramatically. However, this may have made them doubt that I am genuinely ill with stress and I can understand that.

I don't think IdiotInDisguise realised they were on the Staffroom and therefore posting about teaching specifically. As you know, usually resignations at the start of November would mean you couldn't leave until April, but - and I mean this as gently as possible - I suspect in your current situation it is in the school's best interests to accept your resignation and allow you to leave at Christmas. I'm very surprised you've not heard back - worth getting in touch with a union rep for support?

Hopefully they'll understand and let you go early. As you missed the deadline, they can technically hold you to Easter. Time to be nice. Ask to see your line manager and discuss it with them and see what they say. The
Sooner you tell them you want to leave earlier, the sooner they can crack on and find your replacement so that they can release you.

Nothing extra to add really. I'm sorry to hear you're in that sort of position, but you've got to put yourself first.

Contractually they could hold you to an Easter finish. They may decide that it's better for everyone to allow you to leave at Christmas, assuming they can get a replacement for you to start in January.

Union advice may be helpful here.

Long time on SLT served here. Any headteacher can accept an early resignation at their discretion. Even mid term, with just a few days notice if they decide that's for the best for the school.

If the head thinks you will just be signed off til Easter anyway I am certain they will let you go at Christmas or before.

It's important to speak straight to the head through. HR people in school don't have much authority or the head's ear, often.
Make an appointment to go in and meet the head or to speak on the phone failing that.

I'd make sure that you can get signed off until Easter and then speak to your head. They will probably accept resignation with you leaving in December over having to pay you until Easter. Unless they have insurance which covers absence.

Considering you are now very wealthy indeed it would be a wonderful gesture to donate any salary paid to you since you handed in your resignation to the school. If it's a state school I'm sure they are desperate for every penny they can get, and you will feel less guilty about letting them down.

Schools have insurance for teachers being off sick and the OP shouldn’t feel guilty by any means for being signed off with stress - especially if school is the cause of it.

OP I hope you get a swift resolution. Enjoy your windfall and don’t make any quick decisions about what to do with it.

Thanks all - I’m not very wealthy (lottery comparison was slightly misleading; it isn’t the jackpot!) but certainly comfortable and it’s related to a new career so i will be working but in a very different field and I will be self employed. It’s the head who is ignoring me but it’s a MAT and I’m wondering if there is someone aside from him who I should contact. I’ll definitely get union advice.

Speak to your Union and they can contact school in your behalf. It won't be costing school anything whilst you're on sick leave as insurance will cover your salary. Technically they can choose to hold you to the Easter leaving date, but in reality they may let you go at Christmas. However, if you are off with stress and want to leave, they may be checking out that you can't then take them to an employment tribunal for constructive dismissal. They are not ignoring you, they are making sure any decisions they make are watertight.
Just keep on sending in the sick notes. You're too ill to work in that job. Put it out of your mind that they will 'make you' go back. If you don't get sick pay for long enough to take you to Easter then that's ok too as you've already said you don't need to job financially. Just send in the sick notes until they release younfrom your contract.

"Dear HT,

I am unilaterally ending my contract of employment voluntarily and immediately in the interest of clarity for both me and the School's future management. Please ensure my service pension rights are retained and that a note of my contact details is kept by the HR department for their further use/reference

YS"