Question re notice periods & trying to leave earlier.

[mumrian]

I am asking on behalf of my dd. She is a TA in an independent school, which is currently going through redundancy processes for some (a good proportion) of the staff. She has not been put at risk but wishes to leave. Her situation is complicated by the fact that she has just finished a work-based FDA, which the school have supported her through, letting her work 4 days a week, with one day at Uni. She is intending to continue onto BEd in the same format, but needs to be working when not at uni. Because she feels uncertain about the viability of the school keeping going for another year she wants to leave and find a job in another school where they would support her better, her long term aim is to do PGCE/PGTA in a years time with a view to becoming a qualified Primary Teacher. She has an interview lined up at another (state) school for a job to start in September, should she be successful. However, her current school are saying that although there are currently redundancies taking place, because she has been advised her job is secure, although she hasn’t been told if it would be full days or part days and she needs full days for her course, that she has to work her notice period which is one term and therefore would be unable to leave until January.

Her major concern is that if the school closes part way through the year she would be unable to find a job in a school elsewhere as a TA part way through the school year for potentially one or two terms only because of wanting to do the PGCE/PGTA course in September 26. Therefore causing major problems for her in the BEd year.

Is there anyway of her leaving her current school in July without them enforcing the notice period in view of the uncertainty of her role being sufficient hours? Or what do you think they may do should she go early with regards to enforcing the notice period?

We know she is a valued member of staff by the other teacher’s and TA’s in the school, with her being able to step up and take a class (reception or nursery) without a problem when there are staff absences, she doesn’t get paid extra for the extra responsibilities either, as she is a qualified HLTA (prior to the FDA) and now level 5 qualified in Early Years.

Can anyone please advise?

What does her contract say?

One terms notice, unfortunately, which we consider to be unusual for a TA.

The only way you could try and get a commitment from the school about your DD's future, or help her get a shorter notice period is by asking the school to guarantee her full-time hours in the next academic year. If the school can't, your DD could argue that this amounts to a fundamental change to her contract (a breach of contract). This might allow her to resign with shorter notice or negotiate an earlier exit. She could raise this with her headteacher or HR team in writing and ask them to confirm her hours for the next year in writing.

Lots of extra info in your OP - do any of these points mean the school are not meeting their contractual obligations?

We think they are trying to take her down to part time, but they won’t confirm currently. Her contract is from when she worked 5 days a week in the nursery and she hasn’t had a new/amended one to reflect the 4 day week she hasn’t done in reception for the last 2 years.

She has been trying since the beginning of term to get a commitment for the job role from September and for them to confirm to Uni that they will support her, which puts her at risk of not being able to attend the course.

Never heard of support staff being tied to a role like that.
I have been in schools where teachers have been released early because they have suggested they would go on the sick anyway.
But seeing as they have been supportive it doesn’t sound like a good plan. Has she actually just asked?

Are there other TAs on staff, they might just move things around to accommodate her, they might decide to hang on to one who wants to stay rather than your DD if she wants to leave anyway.