Signed off and paid less

[Peppadu]

Good morning.
I want some general advice regarding change of contract whilst being signed off. At the end of the academic year it was agreed that I would move from a part time (0.8) to a full time contract. I have an email from the head teacher to confirm this and had been issued a full time timetable although the contract has not been physically signed. At the end of August I had a minor operation and have now been signed off until October half term. The pay that has gone in today is actually less than my part time wage.

My question is should the school honour the full time contract or will they argue that the physical contract is yet to be signed. Where do I stand legally with this, it was my understanding that I am now full time but not in school as signed off for medical reasons. Is this potentially illegal?

Thanks

Speak to your union.

Does your email from your Head confirm the date the change to full time was to commence?

Hi @Toddler101
Yes the email confirms that as of September I would be full time. It also states that she asked the head of HR to change my contract to reflect this.

I have also had correspondence since to say I would be paid half pay after 25 days of full pay as I have been there less than a year. Technically I started last academic year so this is my second year? Or is it calculated on full years rather than academic years. Stupidly I assumed the school followed the burgundy book but it seems only parts of it. the sick pay I think has been calculated on continuous rather than aggregated years of service.

Really am worried now, on top of everything else going on that I'll be on only just enough to cover monthly bills with nothing left over.

It sounds like your question is asking about your school's sick pay policy rather than your change of contract, in relation to your length of service?

From the sound of it, you're being paid sick pay according to whatever your school's policy is, and I'd assume based on your salary at the time you went off sick.

I'd check your handbook, speak to your union and get HR to send you a breakdown.

@Toddler101 it's both really, as they've put me down to half pay but also haven't honoured the full time salary even though my timetable has been changed and I have emails to confirm the change as of September.

Thank you for your reply

But you're not currently working? You're signed off sick so your sick pay will be based on your salary when you started receiving that. And your full time contract will kick in when you return.

What does your handbook and your union say?

I've been off as of September. My contract was prepared, timetables given and classes and then in the last week of aug I had to have an emergency op which means I'm not back in yet. Union say that as I haven't signed contract I'm not contracted FT. Handbook outlines their own policy which is based on a much shorter time frame than the burgundy book for sick pay. Despite the obvious ethical issues I now know contractually that I haven't a leg to stand on. My plan is to actually resign, I don't want to work for a school that does the least amount to support their staff during really difficult times. I should've checked the contract before I joined (my fault) but you don't expect these things. Lessons learnt :(

Your sick pay should be calculated on your full time salary.

Many people I work with have not actually signed their new contracts. We are still being held to them. They should be paying you as per your full time contract. Get some more advice.

@BlueIgIoo @cansu Not sure where to go from here. This came from the union rep in the school.....

"I have spoken with a caseworker and given them all the information that you have given me, and unfortunately, legally speaking, as there is no physically signed contract, there is no obligation to put up your hours. "

I would assume then that when you return you are under no obligation to work full time. I would look for a part time role elsewhere. How long do you expect to be off sick? This seems odd as I was told that signing my contract was not important. I would try checking with your union direct. Make sure you have accurate advice first.

@cansu I agree, I always assumed a contract doesn't have to be signed for it to be legally binding under contract law. I'm signed off until October half term but seriously considering handing in my notice now as I feel their attitude is really unethical. The contract is not good, and if I need time off again I know now I won't even be covered financially.

It will only be half pay now anyway so thinking to just cut my losses.

I don't think the issue is that you haven't signed the new contract. I think the issue is that you haven't started it, by actually working full time.

I suspect if your operation had been at the beginning of September, rather than the end of August, you might have been ok. Or perhaps you would have been expected to work there for a minimum period full time before qualifying for the terms and conditions of a full timer. The staff handbook should say.

I imagine that employers want some protection against PT employees who try to play the system by asking to go full-time just before they are due to go on maternity leave or long term sick leave, so that they can be paid at the higher rate while away. Not suggesting for a minute of course that you have done this.

@Fifthtimelucky So I'm being penalised for the NHS actually being efficient :) haha!
I understand but us employees also need protection, more so I believe that the corporations who now run the schools. I only worked part time for a short period as my father suddenly became ill and was in palliative care, I've always been a full time teacher. It just so happens my own health needs attention. I've been a teacher for over 15 years and have never, not once, met anyone trying to play the system in this way so from that perspective it just seems so wrong. I guess it's like everything else that's been piled on to us over the years, they don't actually care about teachers health or well being

Certainly in LA primaries, my contacts don't generally come through til October. Latest was January. There clearly was a contract in place if you had a full time timetable. We all know how binding schools consider it when you verbally agree to accept a job starting in September; god forbid you interview for something else later and take that instead. I'd send a solicitor's letter. Would genuinely do it even if it cost me more than I got back because I wouldn't be letting the school get away with this.

@BlueIgIoo so true! Imagine if the roles were reversed and I went in on the first day and said "no I haven't signed the contract so I'm going to stick to PT" :)

Did you get any warning of the surgery? If they knew it was going to happen before term started they probably just assumed that as you didn't at any stage fulfill your obligations of working full time, or sign the contract, you didn't intend to begin working full time until after the operation.

Have you actually written to the ht and asked them to please explain your pay because you appear to be being paid at 50% of last years salary when you have confirmation you are on a different contract as of September 1st etc? They at least have to commit to putting in writing what they have done then. I’ve had 3 changes of role and hours at my school and never had a new contract.

Sorry they don’t honour burgundy book. To be treated like you are new to a role you’ve served for 15 years sucks.

Have you looked into what kind of financial assistance is available to you if employed but on half pay? Universal credit adjusts with your earnings.

You'd be even worse off in a new school though as before April it might be statutory sick pay only.

I would email HR and ask how your sick pay has been calculated, but if you know you might need time off again, I'm not sure a new job is a good idea at the moment, sorry.

@swallowedAfly thanks for your reply. I looked into universal credit and was entitled to ￡6 a week 😂😂

@Postapocalypticcowgirl it's not that I intend to take more time off, but if I did I'd get no sick pay. In a new school that follows the burgundy book I would, it's this particular school and their pay policy which is awful and minimal. The fact I've had to battle on the contract terms makes me feel uneasy about working there and I certainly won't be going back.

Some schools consider the "first year of service" not to start until April of the academic year where you start working for the school- so in a new job the risk is you'd only get statutory sick pay before that point.

Obviously if you're unhappy with your current school, you should move, but things may not be better elsewhere in the short term.

@Postapocalypticcowgirl yeah I understand. Years of service are usually aggreggated not continuous in most schools. I didn't realise this school didn't follow this although you never really read sick pay policies when signing a contract. I never have before but definitely will in the future. In the short term I think I'll do some supply and be more selective in my next permanent role.