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Wife on Maternity Leave Unfairly Dismissed?

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Hi,

I am hoping someone could give some advice on my wife's situation.

She is currently on maternity leave from a teaching job and due to return to work at the beginning of July. Given the school is an small independent primary school it employs some teachers who are not yet qualified but have experience in teaching and are planning to become qualified.

Yesterday, she was asked to come in to the school for a meeting, although there was no reason given. She was told that the school have made the decision to employ only qualified teachers from next year and as a result she will not be given a contract for September onwards. In addition they had the audacity to tell her to come back at the beginning of July after her maternity leave has ended to complete the academic year, before they let go of her.

As you can imagine this was a huge shock for her but what makes it worse is the majority of the other teachers are also unqualified. However, they will still have their jobs as my wife is the only teacher to be replaced in September with a qualified teacher. What's more, one of the unqualified teachers did not even have any intention to become a qualified teacher and has been there for far less than my wife, yet she got the job by luck and will get to keep her job. On top of this, the head teacher is only qualified as a teacher but not as a head.

What I don't understand is how they can call her in while she is recovering from having a baby and shock her in this manner, with no care of the emotional and psychological impact they have had on a new mother. There was no official or written communication given at all. She was simply told that she won't be offered a contract for the next academic year but to make sure she comes back after her maternity leave for the few weeks that are left of this academic year.

I personally think this is completely unfair of the school to treat her in this manner and that the excuse they have given to let go of her is completely false, given the fact that my wife is the only teacher to have her job replaced. However, my question is that since my wife was employed on a yearly contract, would this count as unfair dismissal? If not, do we have a leg to stand on legally? I feel like my wife has been trampled over and really want to fight her case.

Thank you in advance.
Zahid
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Comments

  • sovilla
    sovilla Posts: 187 Forumite
    How long as she been working there? If its less than 2 years I dont think she has any rights. :(
  • Kayalana99
    Kayalana99 Posts: 3,626 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    I suppose thiers nothing you can do as its the end of contract thier just basicly saying thier not going to renew it regardless of thier reasons... :(
    People don't know what they want until you show them.
  • Valli
    Valli Posts: 25,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is your wife a union member? If so then she needs to contact her union immediately.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    So little information but there is the inking of a discrimination case but you must understand that this can be stressful to fight and if as you say you don't want your wife to be psychologically affected you may need to consider this.

    Either way you need proper advice so I would suggest talk to the union (if a member) or pay an employment solicitor for an hours worth of time to see where exactly you stand and see if your house insurance has legal cover on it.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    I agree with the advice to contact her union.

    Also, I wouldn't get hung up on the head's qualifications - as far as I'm aware, there are no qualifications for them to have.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    Regardless of the rights and wrongs of sacking someone on maternity I personnaly feel that our children are being cheated out of a good education by being taught by unqualified staff.
    Be Alert..........Britain needs lerts.
  • cannyscot_2
    cannyscot_2 Posts: 1,040 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Invincible-you did not say if it was a years contract and the dates it ran for ie academic year. Sounds like 1 yr contract july to h
    july? How long has she had these contracts for ie how many years and have they run consecutively?
  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    paddedjohn wrote: »
    Regardless of the rights and wrongs of sacking someone on maternity I personnaly feel that our children are being cheated out of a good education by being taught by unqualified staff.

    But only those children who pay for them to be taught by unqualified staff. Its the parents who are cheating 'our children' not the state system.
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    I know that this school is an independant but how many of the parents that send their kids there know that they are being taught by unqualified staff? This also happens in state run primary schools.
    Be Alert..........Britain needs lerts.
  • gizmo111
    gizmo111 Posts: 2,663 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    paddedjohn wrote: »
    I know that this school is an independant but how many of the parents that send their kids there know that they are being taught by unqualified staff?
    They are paying for it so should check it out.

    This also happens in state run primary schools.

    Got any examples of this? If you have then report it to OFSTED asap.

    Thanks
    Mama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.
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