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 cannot imagine what tax benefit! School pays you and you pay tax. They are probably a charity but that has nothing to do with staff tax. Unless they tried to get you to be self employed of course. If so, it’s appalling. The fact you don’t really know why this has happened is worrying too.

You can apply for any vacancy. They have not expressly said you cannot. They are not renewing a temporary contract. That does not mean you cannot apply for a job. You do know of the vacancies. The mat cover was clearly able to take the job and is presumably qualified and I guess that’s what they wanted.

I have never heard of all staff being on temporary contracts. I would run a mile from this shower anyway. Do you really want to work for them? There are better schools out there!

They changed the contracts. Work does this from time to time. Often permanent contracts are more favourable. You didn’t have to take this temporary job. Was there nothing permanent at a state school? They already have decent conditions of service.

Ok I’ve just shown dh your post, Bubbles. He stands by the advice he gave. He also says if the new job is officially to start in Sept and the op’s latest feedback states she will pass then legally she should have been given due consideration for the post as, by School’s own admission, she would have been qualified by September.

He also says that as the vast majority of NQTs are taken on with a permanent contract then it cannot be argued that she did not receive one when everyone else did simply because she had not yet completed her NQT year. In the OPs case it seems most likely that she didn’t receive one because she was not physically in the building.
Dh says the school would need to show it was usual either industry wise or in their own school to not offer permanent contracts to staff not yet through their NQT year. Neither seems the case here which, DH says, suggests it was due to maternity.

Bubblesbody, it is not a state school it is independent. You are right about running a mile, quite a few staff did, as the whole operation is quite shady, possibly illegal. The contracts were manipulated to make them tax beneficial for them, their head office is also located elsewhere, and i am technically employed by the head office and seconded to the school. It is very confusing. Fact is they changed staff contracts because there was a tax issue, it was not based on competence or QTS.

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.

This seems to have been missed.

Also I do believe that those on fixed term contracts are entitled to the same benefits as permanent staff.

He also says if the new job is officially to start in Sept and the op’s latest feedback states she will pass then legally she should have been given due consideration for the post as, by School’s own admission, she would have been qualified by September.

No guarantee of that. At the time the contracts were reviewed the OP was off on maternity and had been struggling. Confirmation of qualified status happens when, June? You expect them to have allocated a permanent role on the assumption she would pass?! That’s bonkers.

Also I do believe that those on fixed term contracts are entitled to the same benefits as permanent staff.

Why do you believe that? It’s not the case in law.

2 year taxation could relate to temporary work locations, which is potentially a fiddle. Can’t think of anything else.

Thank God you're here Titty to talk some sense! She knows her stuff OP; take heed!

They offered a permanent role to another NQT who started at the same time as me.

Also i got the information regarding pay and conditions from gov website, see below.

www.gov.uk/fixed-term-contracts/employees-rights

They offered a permanent role to another NQT who started at the same time as me.

Did they qualify at the end of the year?

Can you put some dates around this, please? Your posts are quite confusing and vague.

Dh says,
1)before mat leave was there any indication she would not pass (not just suggestions to improve but concerns over meeting competences)
2) were any of the others nqts?
3) was your original 2yr contract the same as the other members of staff?
4) were you told about the vacancy that your mat cover was offered?
5) Titty, dh says if they’d given indication that she would pass before the other mat leave person was offered the role then that’s crucial. Thousands of teachers are offered perm roles every year despite not yet passing nqt. Why was op treated differently? If op is able to prove maternity is the only difference then she has a case esp if there’s still vacancies, (the resignations) they expect her to pass yet still won’t offer her one.
6) no outcome can force them to give her a job. If may be better for her career and MH to pass, take the good ref and move on.

My take: Why are they passing her, offering her a good ref yet not giving her a job?

Both dh and I think they’re a bit dodgy. Some independent schools are badly run and have no up to date knowledge or adherence to employment law, risk assessment, safeguarding or financial management.

I think maybe you need to ask yourself what you want out of this.
If you want to stay at the school and think there might still be vacancies, you could swallow your pride and ask them if they’d consider your application.
If you don’t want to do that, or if you ask and they say no, I think your energies need to go into completing NQT, then the future and finding another (better?) job.
Your union should be able to advise on the value of pushing a discrimination claim, but ‘what do you want the outcome to be?’ will be the main question. If the school has made it clear they don’t want to renew your contract, you probably won’t get much job satisfaction/anxiety reduction from staying, but a new start elsewhere could be really positive.

He also says you need to clarify dates on everything to ensure you have a case.

I agree Titty. If a job is for someone who is qualified and the op isn’t yet, then the job can be given to a qualified teacher over an unqualified one. They do not have to wait for op to be qualified. She can, as she is employed by Head office, be asked to work in any of their schools one assumes. She is not the responsibility of an individual school. It’s altogether wrong. A swift exit is best. Also employment by head office is another issue which would make me very jittery. Op is not employed by the school, as is normal, so her employment terms are different. It’s a mess!

Honestly op, go to a well run independent or a state school. You will be far better supported and have decent employment terms.

Titty, just to clarify the bit of DHs advice that you quoted. He was talking about the vacancy that the ops mat cover has been offered which starts in Sept not the perm roles offered to the other staff in other departments.

Thanks for all the input and my erratic posting. My focus is completing my NQT year and getting a new post, I do feel hard done by. As I said my recent assessment was very good, and the school have stated on the report they are confident I will pass my NQT year, but they do not want to renew. I certainly do not want to stay in the school as it is clear I am not wanted.

Me and another trainee started the NQT year in January 17. Permanent contracts were given to all staff including my fellow NQT whilst I was on maternity leave in May 17. I returned to work in September 17, however they had hired a maternity replacement for a year contract, so I was put on a reduced timetable and doing cover for other staff as there were not enough classes. Since then I have received positive feedback. In december two of my colleagues put in their resignation for end of the academic year. In January 18 my maternity replacement was asked if he would stay, and I was told my contract will not be renewed.

Most NQTs are given a permanent role from day 1 subject to them passing and becoming QTS from Sept the following year. The NQT period can be extended, as in this case. If they don’t pass, they are released. That’s the conditions for NQT teachers.

Being told you have improved and are on track is NOT the same as being QTS. There is another full term to go!

Whichever way you look at it, a school can recruit a QTS over NQT if they wish but must make it clear they want a QTS, possibly with experience, to be watertight. Op should have been told about the vacancy but if she had only just returned to work and was nowhere near QTS, and hadn’t been assessed due to not being school, they have every right not to employ her.

NQT and the probationary year is personal. What happens to others is beside the point. There may have been suitable vacancies for them. If they were qualified, they are in a stronger position. If they were NQT but passed in the year, they were also in a stronger position. Not being in the classroom will make a difference to employment prospects for a NQT due to the inevitable delay in qualifying. It wouldn’t for anyone else.

As the op was on maternity leave, her progressional practice could not be assessed. It’s not discrimination, it’s just fact. Difficult though it is.

When did you go on maternity?

We’re you working for them before January 2017?

Were.

I started working for them in August 2016, QTS was not a pre requisite of the role. In fact they hired me as a full time teacher, I requested to do my NQT year, it took a while for them to sort it out so me and the other trainee started NQT in Jan 17.

Has your maternity cover completed and passed their NQT year?