End of teacher contract not renewed

[amari17]

I have just been told my contract will not be renewed, I am a teacher and was given a 2 year contract which will end this summer. I am quite devastated to be honest, as I was not expecting this at all. To provide some context, I am an NQT, my first year did not go very well, I was pregnant and struggled with behaviour management. When I returned from maternity leave, I was put on an action plan, and closely monitored, I have worked really hard, and genuinely feel I have made excellent progress, my recent end of term assessment from the school stated they were happy with my progress, and I am likely to successfully complete the NQT year. So I was shocked when my head called me for a meeting and stated in simple terms, that they do not have a job for me no explanation why, but he said he is happy to provide me a reference if needed. I was in shock and didnt really ask any questions, and just hurried out of the room so I wouldnt breakdown in front of him. I have had some time to think and whilst I am still quite upset, I am just trying to focus on getting another job and passing my NQT year. I am still really bothered by the way the whole things has been handled, firstly all my colleagues I started with, who like me initially had 2 year contracts were given permanent contracts whilst I was on maternity leave, I assumed that I was away overlooked because I was on maternity, but now I feel the whole things was planned and they wanted to get rid of me, my maternity cover has been offered a permanent contract, so he has essentially been given my job. There were two vacancies within the department, which I believe they have hired external teachers for. I just feel really cheated, and going to work everyday knowing Im not wanted gives me anxiety, also it is so late in the teaching year, how will I find a job now, I wish they had told me earlier. Any words of wisdom on how to cope will be much appreciated.

I think that, as others have said, that you get to the end of the year and get your qualified status.

Decide if you want to be part time or full time in the future. There are opportunities for both. Be honest with yourself about what you can do. I am surprised a school has money to pay staff and not give them a full timetable but you are probably cheaper then getting in a supply teacher. Of course, supply is something you could consider.

Get in touch with people who know where vacancies might be. I assume you have been on NQT courses so have access to education professionals. I am glad you have felt more positive because as long as you get through this year, you do actually teach a shortage subject and you need to get a good sample lesson together and prove what you can do when called for interview. There will be lots of jobs after 31 May!

my employer gave everbody apart from me a full time contract, whilst I was away on maternity

It sucks that they gave everyone else permanent jobs but they are legally entitled to do that. There's no law which says they have to give you a permanent job just because you're pregnant. They're only required to abide by your current 2yr contract. Take your NQT status and apply for jobs elsewhere, you still have plenty of time to find one by September.

I’ll give you a job op, if you live anywhere near Gloucestershire!

Physics teachers are like gold dust!

Go for interviews with fresh vigor and make a fresh start remembering everything you have learnt, teaching needs a lot of confidence and I say to some of my younger teachers “fake it until you make it” if you can get the students to have faith in your ability to transmit information in an understandable way the battle is won!

I do think the school has played fast and loose with making the NQT contract temporary though. I don’t know a school that does this. All the schools I know have permanent vacancies and fill them with a NQT. That’s cheaper for the school but most schools take training NQT staff seriously. They are the future after all. Your school seems to have taken on temporary NQTs and then considered if they will employ them during the NQT year. This does mean they seem to use it as a way to fill vacancies rather than have vacancies and then fill them with an NQT or two straight from college.

All the others who started with you are surely qualified after one year though so I am not sure who you are comparing yourself with when you say they have jobs. They must have had jobs for a while.

It sounds entirely reasonable and normal for an employer not to make someone permanent at the end of the contract if there were performance issues identified and they didn't apply for a permanent post (ie express interest in permanence) especially if they have another temp who didn't have issues.

It is an unusual way for NQT staff to be trained though. I don’t know a single school who works like this.

You should talk to your Union if you think you were discriminated against because you were pregnant and on maternity leave. Were these people automatically given new permanent contracts or did they have to apply and go through interview. If they were automatically given permanent contracts then I think you would have a case for unfair treatment because you were on leave.

This is an independent school so I am guessing the operate differently to state skills. All staff except from me were given a permenant contract whilst I was away on leave. They did not need to apply or go through any process, all staff were just given a permenant contract, due to some tax issue, so contracts had to be changed to permenant.

Ok, I’ve just shared your last post with dh who works in corporate law but has one foot in HR. He actually thinks you may have a case as there is suggestion that you’ve been discriminated against due to maternity. He said it will help your case that your mat cover is a man. He suggests you speak to your union rep and get some advice from a lawyer specialising in employment law. He says you could argue that performance was impacted by maternity as companies must make allowances for this. But, he’s insisted I stress that you need to get advice on the full picture and this is just his casual prof view.

But you acknowledged yourself you struggled in the role. It sounds harsh but performance management aims to bring people to an adequate standard - not amazing. So if your maternity cover was anything beyond acceptable it stands to reason he got it. The fact that you went on maternity isn't relevant if that's the case.

Actually Tripping, DH says that’s very relevant. If all the other colleagues were offered permanent roles whilst the op was on mat leave and she wasn’t then the law will want the school to prove that her mat leave had no bearing on this. So, regardless of her performance, if for tax purposes they needed to change all contracts to permanent and she wasn’t on mat leave so was physically there and no mat cover in for her the question is would she have been given a permanent contract too? Even if they thought she was rubbish but that was outweighed by the fact she was there and they needed to change over all the contracts iyswim? Dh says that will be the crux if she wants to pursue. But she may be better off taking the ref and going somewhere else where she’s better supported.

Thanks Woodfordhound, that is really helpful. There were some issues in my first term before I went on maternity leave which I admit, however I have come back and worked really well, and have been receiving very positive feedback. I am very aware I need to keep my head down, complete my NQT year and get a good reference so I can move on to another job that is my primary focus. Nonetheless, I am pretty sure the way they handled the process is unfair and I do believe I could have a claim, having spoken to an employment lawyer in brief, she stated that there is a process to be followed when an employees contract is not being renewed, they have not put anything in writing and just casually said they do not have a job for me in September no explantion provided. Secondly all my colleagues had their contracts changed except from me. Contracts were changed because of some tax issues, staff did not have to go through any appraisal process, granted I am the only NQT out of the lot but still this is rather odd. My maternity replacement was also just approached and offered a permanent contract, he did not go through an application process or due dilligence. Also employers should make an effort to consider whether there are any other appropriate posts elsewhere this is a legal requirement from my layman reading of employment regualtions. I am considering making a claim against them after I leave, as they seem to get away with treating their employees badly with no recourse, we have had 6 people walk out this year, due to school doing all sorts of underhand stuff.

I know of state schools who hire NQTs on a year contract. A try before you buy policy.

I think you need to consider carefully what you want out of this. If you go down the discrimination route (which it sounds like you are entitled to do), then if they’ve filled their vacancies, they’re not going to be able to magic a job for you. Do you want compensation?

It’s awful, but it might just be easier and less stress all round to get another job in a much better school and look on it as a lucky escape.

Yes, dh says the process for not renewing is a separate issue but also a vague one until after 2yrs. They should consider if there’s anything else available which is obviously complicated when teaching your own subject. Dh says to concentrate on

1. the contracts being given out to all but you whilst you were on mat leave. And nobody needing to apply for these as this will cover you for not applying.
2. your male cover being given the perm role without needing to apply.
3. their lack of due diligence in the process.

Good luck. He advises asking for a reference for you to circulate to agencies now. Once you have that and it’s clear then send a letter stating your case saying you’ve taken legal advice. They cannot then Change your ref to a bad one as that would be illegal. He’s just added it might be better to be sure you’ve passed your nqt first. A quick google says you should know this soon to allow nqts the opportunity to move school after that year by the May deadline. Try to get clarification and confirmation of passing and clean ref ASAP. Good luck.

Definitely get Union / HR advice to check out your rights. I’m just coming to the end of a one year fixed term contract. I had a meeting where I was told it wouldn’t be renewed (valid reasons) but also that I might be entitled to some redundancy. This was a surprise and it turns out I’m not entitled because I’ve taken redundancy before, but it could be worth you asking.

Having said all that it sounds like time for you to move on into a positive new job, with a good reference and your NQT completed despite challenging circumstances. Try not to think of yourself as unwanted- you are coming to the end of an agreed time period and can continue to do a good job until you leave. Good luck in finding a new job. I’m sure it’s not too late to get something decent.

I’d be surprised if OP was entitled to a redundancy payment, given that she had a 2 year contract.

I'm not a teacher but am on a 2 year FTC, ending in the Autumn.
Others who were also on a 2 year FTC have now been made "properly" permanent.
I have already asked my manager whether I should be applying for other permanent jobs to make sure that I have a role once the 2 years ends.

You've been, and are continuing to be, very naive.
Your contract is ending - the "rules" you describe sound more like what would happen if you had been made redundant, which is not the case at all.

And re: redundancy, that might apply if your contract had been ended early, but that's not the case here.

m.acas.org.uk/index.aspx?articleid=4587

There may be an entitlement to redundancy payment, this depends on the reasons the employer has given (none as of yet) for non renewal of the contract. For now my priority is NQT year and references, I am very wary of getting all this first before I take it any further.

I think several of you are missing the point because you do not understand about how qualification works as a teacher.

Usually the NQT is appointed to a permanent post. This seems to be a try before you buy appointment and normally that would be for one year to enable the NQT to get the required standard to work as a teacher. You are not fully qualified until you have done this.

The op has not made it clear if the other members of staff who were taken on at the same time have successfully completed their one year to be a fully qualified teacher. (QTS). As they approached successful completion in one year, it appears they were offered a permanent job. The op went on maternity leave, but should have been told about relevant vacancies. It could be there were not any. She should not be excluded from training whilst on maternity leave, but as she wasn’t teaching, they cannot assess her classroom practice for successful QTS registration. She just has not been in school.

The op was, because of maternity leave, and difficulties regarding her class management, could not considered for a permanent job at that time because she was not going to be qualified. She and the school knew she would have to do an extra year. Therefore they did make reasonable adjustment for her pregnancy. She got another chance. You cannot become a qualified teacher if you are not in school!

However, this year, upon resuming her career, she could have applied for a suitable vacancy. It could be that there isn’t one. The op’s use of the term “taken on” is misleading here. There has to be a relevant vacancy for a maths/physics teacher. Not any teaching vacancy. The others got lucky that there were relevant vacancies.

The op is not the same as the other NQTs who finishes their NQT year in the allocated timeframe. It is not really about performance management either for an NQT. This about actually qualifying to be a teacher where you must complete a probationary year in the classroom. The op therefore must satisfactorily complete the year.

I find it quite difficult to agree that this is maternity discrimination. She was given extra time and probably extra support to complete the necessary year. Independent or state makes no difference at all. It’s a national professional requirement. She couldn’t apply for a job whilst on maternity because she had to do the extra year. There was no choice. There may not be a vacancy this year but as we haven’t got to 31 May yet, we don’t know.

It would be better if people responded who knew how QTS works in schools. The unfortunate situation is the temporary nature of the job but if the op failed her NQT year, she would never be a teacher anyway so definitely no job! Being allowed to do the year and longer to fulfill the qualification requirements is not discrimination. Hope that makes sense for non education posters.

How can you have a contract renewed if there turns out to be no permanent vacancy op? You need to look elsewhere as jobs are advertised. As you work in the maths/science dept, you must know who might be going. Has anyone been to interviews or talked about leaving? Most schools don’t employ extra teachers as they are an expensive resource.

Bubbles, I’ve just read your post to DH. He says unless she was initially employed as an unqualified teacher or there was a determination in the FTC which stated that she would’ve paid unqualified for the first yr then qualified for the second then it still breached maternity rules. He says it doesn’t matter whether the others were NQTs or not because the school would need to show that the OPs 2yr contract was different from that of the other staff and had a clause inserted about qualifying. If it turns out they all had the same T&Cs in their contract then they cannot use that as an argument. Dh says that the fact there was indeed a physics vacancy but they’ve given it to her mat cover (the fact he’s a man will rightly or wrongly help her case according to DH) without advertising it all gives her a very good case. But as he’s repeating tome again, she must seek her own legal advisor.

Few points of clarification

1. When I started the school offered all staff 2 year contracts, nqts and qualified teachers alike, this is due to some tax benefit that the school gains, something to do with the location of their headoffice.
2. There were some complications with this arrangment, from HMRC and not all staff could get tax refunds. As a result the school decided to change all contracts to permanent contracts, this was for all staff even NQTs who had not completed the year. I was on maternity leave at this point.
3. There are four people in my department, 2 have already resigned. Then there is me and my maternity replacement. My maternity replacement was approached and asked if he would go on to a permanent agreement, and I was told I would not be renewed. As it stands there are two vacant positions, which may/may not have been filled. Since they have already said they will not renew, I cannot apply as clearly they do not want me there.

It would have had a stipulation that, to be given a permanent post, the op must attain qualified teacher status (QTS). Schools can take unqualified teachers but they don’t have to.

Your DH does not understand the NQT year. After a qualifying degree and/or PGCE, all teachers do a qualifying year, during which they are a NQT. They have less contact time,have mentors in school and support to improve their professional practice. She was technically taken on as an unqualified teacher. An NQT is unqualified. She has a degree and probably the PGCE but has to do the year in school to get QTS. Your DH isn’t up to speed with how teacher qualification works I’m afraid.

The normal way to do this is to be given a permanent job. The op wasn’t. She had a temporary job that was extended to two years because she went on maternity leave. There is no discrimination in that. She was given the extra time she needed and hopefully will now be successful. The qualification at the end of the 1 year NQT status has to be passed. If it is not, she is not a qualified teacher and certainly can be asked to leave even a permanent job. It is dependent on passing the qualification. The maternity cover teacher may well be fully qualified.

I think the only issue would be if she didn’t know about the vacancy. However as she probably wasn’t qualified to do the physics job after she came back from maternity leave (she was still a NQT), and the school CAN say it will only recruit a fully qualified teacher, I think your DH is wrong. You cannot apply normal employment policies to NQT staff in schools because it is a probationary year, which in this case was extended to two. When the mat cover was appointed to his job, the op was still a NQT with lots of time still to do and with debate about her final status - she was not guaranteed to pass. In addition, the school has had doubts about her ability and she’s been doing supply cover.

I think the school can argue she was given every chance to become qualified because they extended her NQT year. She probably was not qualified to do the job the maternity cover teacher got and the school can clearly argue that, but maybe they should have told her about the vacancy. However if it was for a QTS teacher, she wasn’t qualified. They do not have to take unqualified teachers (and should not) if a qualified one is available. Hope that’s clear.

I will also add the new contract which was offered to permanent stuff, has much more favourable terms, for maternity and sick pay. For example I received statutory maternity pay, whereas my colleague who gave birth three weeks after me, and received the permanent contract, her maternity pay full pay for six months, breastfeeding breaks, plus option for staggered return. Whereas I got statutory maternity pay, and had to pump and dump in the staff toilet.