In breach of contract re. notice period - what happens?

[MeanderingGently]

I wonder if there are any legal minds or HR people who could advise me?
I work part-time, 3 shifts a week in a school. I am not a teacher but as support staff in a pastoral team. We are now on school holiday but I have begun another job in hospitality, which I like much better. Better pay, better hours, closer to home.

I am due back at school in September but I don't want to go back. My health isn't good and the school job is too many hours (they are long shifts), also the travelling isn't helpful either.
But my notice period is 3 months or a full term (I think it actually says a full term in my contract). I don't want to do a full term, I want to remain in my hospitality job...they won't allow me to take a 3 month break. I either go back to the school or stay at the hospitality job.

If I breach the terms of my contract re. the notice period, what happens? Will they take me to court? Sue me? I was thinking of contacting the school HR team and suggesting I give a shorter notice period, say a month, so that I can help them set up at the start of September. From now it would certainly give them enough time to advertise and recruit someone.
It doesn't help that another member of the team has an "old style" contract and theirs only states 4 weeks notice for the same job, it's just I've only been there 2 years and have a modern contract.

I would be grateful for any advice. I don't need a reference from the school job; nor would I expect to be paid.

Double check your contract op - padtoral/support staff are usually 1 month (I had reason to check my contract recently and it stated notice periods for all staff - SLT, teachers and pastoral, and I really had to go through it a couple of times to make sure I was on just a month).

Are you in a union?

I'm not in a union I'm afraid....and the contract really does say one term.

I'm a HR manager and there's not a lot an employer can do if someone doesn't want to work their notice. Yes, it's contractually binding but by the time an employer has taken the time to get to court and spent the money to purse this, it's simply not worth it.

However, I'd suggest being honest and having an open conversation. Don't just leave them in the lurch. Try and negotiate it.

What does your offer letter say? I've known school staff have a contract saying one term but less on the offer letter.

Thank you, that's helpful. I would certainly be honest and have a conversation, and try to offer something to help them.....the setting up in September is always hard for the school and I would be prepared to go in to help with that, as they need all hands on deck at that point. I certainly wouldn't want to just disappear and leave them in the lurch.

The original offer letter doesn't seem to mention notice period.
My contract came out after I'd actually started, due to some sort of delay at the time I remember.

I'm am neither legal nor HR... Did I understand correctly from post that you are not working in the school over the summer holidays? If so, surely it's worth asking whether you can shorten the 3-month notice, given that you are not needed for the next 6 weeks anyway?

@MeanderingGently

The original offer letter doesn't seem to mention notice period. My contract came out after I'd actually started, due to some sort of delay at the time I remember.

I've had that joy several times at my current school. Inevitably the conversations before hand dont reflect the written contract. I think it is deliberate and quite disgusting. I would speak to your boss now - give them a date when you expect to leave by (so you are clear you are not leaving them in the total lurch) and move on.

However like other pp I am astonished that support staff - even classroom staff - are being asked to work a term's notice. That is part of the teacher contract. I wonder if HR are confused or whether you are a teacher who has stepped down in responsibility.

@Namechangeforthisquestion7 - yes, that's right, I'm not working at the school for the next 6 weeks. I would hope that perhaps that could give them some time to at least get a job advert out....and therefore possibly negotiate the notice period.

@spongedog - I agree, I can understand teachers having to give a term's notice and presumably, they will go to another teaching job and so the next employer would understand.
However, support staff are different and I think it's unfair. We're a small school, I'm neither a teacher nor classroom help, I generally put plasters on grazed knees and ice on bumped heads etc. And a bit of admin.
Good idea to give a definite date and negotiate, rather than asking...

[quote MeanderingGently]@Namechangeforthisquestion7 - yes, that's right, I'm not working at the school for the next 6 weeks. I would hope that perhaps that could give them some time to at least get a job advert out....and therefore possibly negotiate the notice period.[/quote]
Yes, exactly. I would just go to them and say presumably the 3 months/one term notice period applies to term time only, when you are needed at work, and is it ok for you to just go since you are not actually there anyway. Good luck 👍🏻