Contract says 1 month notice but headteacher is saying it is not in line with the burgundy book?

[Se12345]

Hi there my contract has a section that says probationary service and says unless you are an ECT the first 6 months of an employee shall be probationary and during this time either party can terminate the contract with a months notice.

i gave my notice in but the head teacher is saying she needs to find out as it is not in line with the Burgundy book.

there is no mention of the burgundy book notice within the probationary service and clearly says 1 months.

what do I do ?

think the contract notice period is fine!

what is ECT?

Contact your union.

It seems odd that your HT has no idea what your contract says!

Pretty usual in teaching to only leave at the end of a term. Do you have another job lined up from feb Half Term? I think you’ll have to throw yourself at the head teacher’s mercy and hope they let you go early. If it’s just too unbearable you could go off sick? But won’t be able to start a new job in that case.

Go by your contract

Well that's her mistake. They can't have it both ways, they've written that in there so they can quickly get rid of new teachers they feel aren't up to the job, bonus for you that you can leave quickly of you don't like the job. Speak to your union but I think if that's what your contract says they're nothing she can do.

It’s usual to go by the burgundy book. Some academies don’t follow it. But your contract is legally binding. Ring your regional union rep.

My husband had this. They were really really unhappy but in the end the contract says what the contract says, he got his months notice.

It was an academy school, in a big chain. Massive error but nothing they could do

True...it is usual, but in this case the OP has a contract which is legally binding, so I'd say they have a pretty good case to escape in a month 👌🏻

I've told this story on here before, but I was once forced to stay in post for 7 months due to the utterly archaic and awful 'Burgundy Book' notice period rules! I had an interview on 30th May one year and they offered me the job on 1st June...handed in my notice that same day but was told that I couldn't leave until 31st December, as I'd missed the final notice date by 12 hours! My head would not budge...even though they could have done (they are allowed to if they want to!). She was such a horrible head though. I don't know any other job where a 7 month notice period is standard apart from teaching...but that happens if you miss the 31st May deadline - you can't leave until 31st December 😨

Stick to your guns OP and wave your contract at them!! Contact your union and HR.

OP doesn’t have to rely on anyone’s ‘mercy’ or ‘standard’ expectations when her contracted notice period is one month. If the contract isn’t in line with relevant guidance or regulation that’s the employer’s problem.

Did he have to get the union involved ?

No, but he would have if they hadn't accepted it. The head tried to say the notice wasn't in line with practice but the contract was clear.

I don't know the wording of yours but on the face of it I don't see how they can argue it's not a valid notice period.

Why? Headteachers rarely write or issue contracts. That is what HR is for.

Show the headteacher your contract - they may not be aware of what is in it.
Talk to HR.

If both of those fail involve your union. That's assuming you are in one.

Talk to HR, I’ve dealt with a lot of HT who don’t understand employment rules when it suits them.