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Whether you're a permanent teacher, supply teacher or student teacher, you'll find others in the same situation on our Staffroom forum.

Pay/legal issue- I resigned under pressure- have they behaved wrongly?

13 replies

OpheliaBush · 15/07/2021 05:59

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

There was a chance I’d go onto capability, and the observation to determine this happened a few weeks ago (unannounced- a member of SLT dropped in to observe) and I knew that for various reasons, this lesson wasn’t going to pass.

No feedback given.

The same day, a different 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 officially be on my record after that meeting, even if I decided to leave afterwards.

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

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

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 point say 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 and stated that it would be with effect from the end of this academic year- although I didn’t write a date) - 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:
Babymeanswashing · 15/07/2021 06:44

This sort of thing is totally shit and it is definitely in my eyes forced resignation/ constructive dismissal.

However it’s also really really common. It’s why teaching just isn’t a secure job: it literally only takes one poor lesson, or not even a poor lesson. Just a lesson that’s perceived as poor.

It happened to me, ages ago now. I was second in department and coincidentally or not the school was restructuring the departments to become faculties, so the head of English would have been head of the communications faculty and the head of MFL second. So my second role was set to be made redundant but not my teaching one. But they still had to pay me for three years.

Knock me down with a feather when it came to observations everyone else in the dept got year 7 or sixth form and I had a middle set of notoriously difficult year 10s on a Friday afternoon Hmm

The lesson was graded inadequate and it really wasn’t. I was put on the most unsupportive support plan ever then told I’d be put on capability unless I wanted to resign, so I did.

It was horrible and it really upset me but I did end up getting promoted, due to being forced to look for another role I ended up getting a HOD one and did that until having my baby.

It’s wrong this happens, but it does.

MrsHamlet · 15/07/2021 07:13

Are you in a union? If so, contact them urgently.

Babymeanswashing · 15/07/2021 07:25

Do contact your union but IME they won’t do anything.

It’s totally rubbish and I really don’t understand why the unions aren’t on it more.

Getawaywithit · 15/07/2021 09:10

You really need to speak with your union for advice on the pay issue. Tru not to panic. I went through similar about 6 years ago - I resigned because I could see the writing on the wall and that no matter how well I performed or how good my lessons were, capability was going to happen.

I signed up for supply and that was a huge moral booster with schools asking for me by name constantly. I got a long term contract in a lovely school and then an even longer one at the school I am at now. Next year will be my 4th year and I have just had a promotion.

This isn't the end - I would speak to your union and take their advice but you need to be signing up to supply agencies now if you want to be able to work in September.

OpheliaBush · 15/07/2021 11:31

Sincere thanks to all of you for your replies and suggestions. I hold my hands up to the #1 stupidity crime of not being a union member. I know. I’m a living breathing lesson in what not to do.

@Babymeanswashing you have my sympathies- mine was a year 8 group who I swear eat tranquillisers or something for breakfast. And I don’t mean that in a good way. Pleased things turned out well for you in the end.

My problem I guess is that I don’t see myself teaching ‘properly’ (I’ve said this for a very very long time) - @Getawaywithit supply suits me better and is probably what I’ll do, at least short term. It’s good to hear you’ve had a positive experience- I am in the process of signing up (again).

Thanks again everyone.

OP posts:
Bigtoejoe · 15/07/2021 22:03

Name changed as potentially outing but I know of two people who resigned under pressure - one didn't need to pay back her enhanced maternity pay, the other negotiated pay until Christmas, following an Aug 31 leaving date. She wasn't allowed to work for another school in that time though I believe. Horrible MAT that was used to getting its own way but didn't know anything about HR procedures. I'd take legal advice.

OpheliaBush · 16/07/2021 11:32

This is interesting @Bigtoejoe - I am about to try to get advice from a union (despite not being with one🤦🏻‍♀️)
I really hate- to the point it’s a bit pathological- asking for money/anything - I just spoke to the supply agency for September and found it so hard asking for £120 a day, despite having been a qualified teacher since 2002.. anyway, that’s a whole different thread;)

OP posts:
MrsHamlet · 16/07/2021 13:00

Unions very unlikely to help you if you're not a member.

Babymeanswashing · 16/07/2021 13:34

They won’t help anyway.

Bigtoejoe · 16/07/2021 14:22

If a union won't help, it may well be worth paying for a solicitor's letter. Don't be afraid to question your pay in a school - far few people do. I have and have never come off badly or been laughed at. And have usually come out better off financially! I say all this as someone who usually really hates awkward conversations.

Babymeanswashing · 16/07/2021 15:21

I honestly do not mean this rudely but the school absolutely have the OP over a barrel, it is devil or the deep blue sea.

Either you keep your job and face capability or you resign.

It’s awful but that’s how it is in many places.

Phineyj · 20/07/2021 19:39

I also think it would be worth speaking to an employment law solicitor. I paid for advice from one when I was pregnant in a dodgy contractual situation (Union useless) and they looked up all the relevant law for me and wrote a letter. In the end all was fine but you are best advised to act defensively.

Phineyj · 20/07/2021 19:40

Check your house insurance in case you have legal cover.

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