Ending my contract and hiring someone new.

LouFace

I am currently employed as a Teaching Assistant level 1 at a high school. When I started in January I was told I would be working till the end of the year (July) with the possibility of being kept on. The end of the year approached and myself and two other TAs were given the opportunity to apply for positions as TA level 2. I applied, and due to some miscommunication my application was not accepted by the head teacher.

I later recieved a letter stating that my contract would come to an end on 31st July (as previous stated) due to the "termination of specific special needs funding", and that the school does not have any further work for me.

Today however I have gone on the schools website to see that they are advertising for a new TA1.

To a sane person like myself, this seems like something they are completely not allowed to do, but given how fantastic the law is, i'm not sure if I actually have a leg to stand on. Could anyone help me out?

kazwookie

LouFace wrote: »

I am currently employed as a Teaching Assistant level 1 at a high school. When I started in January I was told I would be working till the end of the year (July) with the possibility of being kept on. The end of the year approached and myself and two other TAs were given the opportunity to apply for positions as TA level 2. I applied, and due to some miscommunication my application was not accepted by the head teacher.

I later recieved a letter stating that my contract would come to an end on 31st July (as previous stated) due to the "termination of specific special needs funding", and that the school does not have any further work for me.

Today however I have gone on the schools website to see that they are advertising for a new TA1.

To a sane person like myself, this seems like something they are completely not allowed to do, but given how fantastic the law is, i'm not sure if I actually have a leg to stand on. Could anyone help me out?

Why can they not advertise for a new TA , you had a contract for x time, ends 31st July, this has been forfilled.

I suggest you apply for the TA job, or move on.

Good luck

Spirit_2

It sounds legal to me. If you have been employed for less than two years they can terminate your contract without reason.

anamenottaken

LouFace wrote: »

I am currently employed as a Teaching Assistant level 1 at a high school. When I started in January I was told I would be working till the end of the year (July) with the possibility of being kept on. The end of the year approached and myself and two other TAs were given the opportunity to apply for positions as TA level 2. I applied, and due to some miscommunication my application was not accepted by the head teacher. "Miscommunication" where? I would interpret this as them being happy enough with whatever applications they did have and this saved them taking your application forward.

I later recieved a letter stating that my contract would come to an end on 31st July (as previous stated) due to the "termination of specific special needs funding", and that the school does not have any further work for me. Seems reasonable, particularly if your work is in relation to special needs pupils. Uncertainty about funding is often a reason for short-term contracts.

Today however I have gone on the schools website to see that they are advertising for a new TA1. For special needs or not?

To a sane person like myself, this seems like something they are completely not allowed to do, but given how fantastic (?) the law is, i'm not sure if I actually have a leg to stand on. You have no right to be given a job in these circumstances. You have less than 2 years' service and so protection given regarding redundancy isn't a factor. Could anyone help me out?

Will you be subject to a final appraisal this month?

Get a statement from the school which sets out what you have done while there, your role and achievements.

LouFace

anamenottaken wrote: »

Will you be subject to a final appraisal this month?

Get a statement from the school which sets out what you have done while there, your role and achievements.

The "miscommunication" was me asking whether it needed to be a formal letter of application, being told no, and sending an email when it appears the head teacher wanted a formal letter. The job advert was internal and he only received two applications (including mine) for three positions advertised.

Yes the new TA1 position advertised is for special needs. It is my job 100%. Why are people not getting that the letter I was sent was a pack of lies? Am I explaining it wrong?

molerat

Maybe the letter was correct at the time of sending, maybe they have just received notice of a new pupil starting. Your job was until end of this school year and a new post is now available. If you want the job then apply for it. It is the way LA jobs work.

Crazy_Jamie

LouFace wrote: »

Yes the new TA1 position advertised is for special needs. It is my job 100%. Why are people not getting that the letter I was sent was a pack of lies? Am I explaining it wrong?

Everyone is getting that the letter, at least on the face of it, isn't quite right, but unfortunately it doesn't change the position legally. You had a contract until July 31st with no automatic or guaranteed right or renewal. Your employer has chosen not to renew that contract. The reasons (outside of some specific circumstances which don't seem to apply here) are irrelevant. Equally your statutory rights that would enable you to bring a claim for unfair dismissal do not accrue until you have been employed for two years, again outside of certain circumstances that don't apply here.

I sympathise with the fact that the school appears to have lied on the face of the letter, but unfortunately it makes no difference legally and doesn't in itself give you any recourse. As others have said, your next step is either to apply for that TA position or move on.

Dunroamin

TBH, I think that it's just a question of the school not wanting you to work there any more and they've told you there isn't the funding as a way of letting you down gently. I think that, if you decide to argue it, they're going to have to be more brutally honest which will be unpleasant for both parties. There's certainly nothing illegal about it.

What have they said about giving you a reference?

LouFace

Dunroamin wrote: »

TBH, I think that it's just a question of the school not wanting you to work there any more and they've told you there isn't the funding as a way of letting you down gently. I think that, if you decide to argue it, they're going to have to be more brutally honest which will be unpleasant for both parties. There's certainly nothing illegal about it.

What have they said about giving you a reference?

I don't care how unpleasant it is. I want to know what I have done to warrant the dishonesty and dismissal. As far as I can see I have been a model employee, no days off, no problems with anyone.

The children I work with started a petition to keep me when they found out I was leaving. That seems like i'm pretty good at my job to me, considering my job as a special needs assistant is to develop relationships with the children.

I haven't asked anything about a reference. It would be from my head of department anyway not the head teacher (who is the one who seems to have issue with me).

zzzLazyDaisy

LouFace wrote: »

I don't care how unpleasant it is. I want to know what I have done to warrant the dishonesty and dismissal. As far as I can see I have been a model employee, no days off, no problems with anyone. .

Sorry to be blunt, but you are never going to get the answers you want in this situation. You have no legal rights and the employer has no legal obligation to give reasons.

Bigmoney2

LouFace wrote: »

Yes the new TA1 position advertised is for special needs. It is my job 100%. Why are people not getting that the letter I was sent was a pack of lies? Am I explaining it wrong?

While I know the phrase 'my job' is commom parlance, but technically it isn't your job.

Its the schools 'job' and they can employ/ not employ who ever they like to carry out the duties of that job.
You where employed to carry out a role for a specific period of time.

Sorry if this is harsh, but these days employees (especialy on temporary contracts) are a commodity hired in when needed.

Don't take it personaly, learn from it and use skills learnt to move forward.