Let go during first pregnancy on a technicality

[SufiO]

My Mrs has recently been let go during her pregnancy on a technicality. It's really frustrating and I'm going to describe the details that led to this below.

My Mrs is a highly regarded primary school teacher in London, UK who was offered a role at a highly coveted local private school with a 10k pay-rise and perks to boot. As a result she asked out of her current role a school whom she's been with for the past 3/4 years since graduating. The school forced her to stay on as the new school term begins 2 and a half months after and her notice period was 3 months. Come September, she's back at her incumbent school and we're pregnant for the first time and that same notice that she requested in late spring/early summer is being used to force her out in December. Is there anything we can do about it, we'd have to lose out on maternity pay in particular.

It's worth noting the school do not know about the pregnancy yet, as we thought it'd be against her odds of retaining her job.

I don't understand this. Which school is she working at now?

Not sure I understand what has happened? She has a three month notice period that ends in December but the new job started in November and shes missed out on it?

So your wife has given her notice to school A, to leave in December because she has a new job lined up at school B. But now she’s unexpectedly pregnant she wants to backtrack because school A has better maternity pay than school B?

Is that correct? Your post is quite hard to follow…

I'm also totally confused.

I'm confused? She gave her notice but didn't give enough notice so had to stay at her first school to work the notice and now she's pregnant the first school still want her out?

Teachers notice periods are pretty fixed in stone.
It's 30 April to finish at the end of the school year, October 31 to finish at Christmas and 28 Feb to finish at Easter (technically 30 April, but usually end of spring term).

When did she first try to hand in her notice? And when did she hand in her second letter?

She's still with her same school, but would like to complete the school year (c/July 2023 or her due date whichever is sooner).
Timeline:
Public school: September 2018 - 2022
Private school offer: June 2022 (rejected due to public school refusal)
Public school: As you offered your notice in June 2022, we'd like to fire you December 2022

Your wife has handed in her notice and is due to leave in December, I think from what you've said. Has she tried to retract her resignation and the school have refused?

She is not being forced out on a technicality. The school don't even know she is pregant. She has resigned!

It sounds like she is trying to rescind her notice as has decided against the new role due to being pregnant and presumably won't be entitled to mat pay at new school.

The existing job do not have to accept her request to rescind her notice, that is entirely up to them, she is not being forced out of a role, she has said she doesn't want the job then changed her mind and they've chosen to not allow her to change it.

Did the private school rescind the offer because of pregnancy or not being available on time?

Ah sorry just saw your update. It doesn't really change the situation though. She gave notice, her notice was accepted on the teacher notice timeline. The private school wanted her earlier and weren't willing to wait so withdrew the offer. Her existing school have chosen not to agree to her request to retract her notice. They are allowed to do that.

The private school has been out of the question since the summer and there had only been one notice handed which was c/ 6 months prior with a very clear reasoning.

So she never rescinded her notice and the school still think she wants to leave at the end of the term? Or did she actually tell them that she wasn’t going to leave after all, since the new job was a no go, and now they’ve said they are terminating her employment?

If she’s in a union she should contact them, and explain it in her own words, since sorry as I know you must be worried but your posts are really confusing.

So what happened about the offer from the private school as they would be very well aware of the notice period. Has she turned it down - if so, when?

I think your Mrs should speak for herself as you are not making it very clear

So she handed in her notice and now you’re upset that her employer expects her to leave?

You can’t argue that they’ve used her pregnancy against her when they don’t know she’s pregnant.

I can’t see what the school are doing wrong here.

It doesn't sound like it's a technicality at all then... more that she handed in her notice no longer wants to leave and they're not agreeing to let her stay?

Nope. Lost me when you said “we’re pregnant”
only one of you is pregnant- the one with the womb that has a feotus growing in it
it is not a passive “ carrying a child” activity. Pregnancy is growing a child to around 8lb from the mothers bodily resources -not by magic
you conceived a child together ( assuming you provided the small gamete). One single cell. Congratulations. But that’s it until baby arrives.

but good for you to be trying to help your wife. Keep that up and remember having a parasite inside you taking resources from you for 9 months is bloody hard work - no matter how beloved the parasite is

Not the purpose of the post, the crux of the issue is the school refused to let her leave during the summer when another role was available. She then had to stay with the school and the other offer has had to fill their role for the year. There had been verbal discussions of her staying on through the school year as is usual, but school know want her out in December. Without the looming pregnancy, it'd be fine for her to wait it out for another role although financially difficult. The crux of the question I wanted to know is the legality of the school using a notice that was issued 6 months prior to let an employee go.

Like others I'm a little confused here, but once you have issued notice to end your employment contract you have no right to rescind it unless your employer agrees. Therefore if your wife gave her notice she is working her notice period and it is not unreasonable for her employer to expect her to leave, it's not a technicality.
Sorry if that's not what you were asking!

Notice handed in 30 June would lead to a final day at work end of Autumn term, ie December.
Assuming your wife hasn't retracted her notice, school are following her request. Has she tried to retract her notice? Has a replacement been recruited? If notice has been handed in and not retracted, the school have done nothing wrong.

She's resigned her position. It's unfortunate that she misjudged the dates but she has still resigned.
Her only recourse is to explain to the head and ask for her resignation notice to be ignored.. it's then up to the Head if they'd like to keep her on/re-employ her or not. I guess they'd look at the recruiting problems and how good she is vs the fact she'll probably be looking at leaving soon after the baby is born.

Notice was retracted as soon as she was told she would not be allowed to leave. The school are looking to cut costs and will cover her role with other staff (temp staff) rather than look to hire a replacement is the official line

from reading your posts, it seems she thought she'd handed in her notice only on the proviso that she was going to this other job, which then fell through.

It's a harsh lesson but resignations don't work like that. You have to rescind your notice and hope the employer accepts that. (they often do, to be honest)

But the notice went in and wasn't rescinded so how were the school to know your wife wanted to stay?

(also "my mrs" really? cop on, mate)