Maternity - Might be complicated

marliepanda

dadtobe wrote: »

What you're saying is very different to the TUC and my HRBP at my work

She will, you obviously don't understand the burgundy book arrangements. I thought you said you worked in a school? Were you a teacher?

I was a teacher yes. We had many teachers on fixed term contracts.

You clearly don't understand how contracts (and the lack of) work.

dadtobe

marliepanda wrote: »

I was a teacher yes. We had many teachers on fixed term contracts.

You clearly don't understand how contracts (and the lack of) work.

I do,

If teachers don't have a contract or defined absence/sickness/disciplinary policy they automatically refer to the Burgundy Book.

Question, if she wanted to give notice would she you give 2 weeks? or 4 weeks? She doesn't have a COE so no notice is defined.

EDIT, if I had asked YOU does she get mat leave you would of told me no that is incorrect.

Edit 2 Fixed-term teachers are further entitled to equal access to
opportunities for training and development and opportunities to secure a permanent
position in the workplace.

Edit 3: Non-renewal of a fixed-term contract amounts legally to a dismissal and an employer
should follow the dismissal procedure before terminating or refusing to renew a
fixed-term contract - What is the dismissal procedure?

dadtobe

Bogalot wrote: »

If she was told in September that the position was fixed term then the time to query this was in September. The fact that she has not done so would constitute acceptance by her conduct (continuing to work without objection).

She should have received a statement of employment particulars within two months of her start date. She should ask for this as it has not been provided.

A one year contract is the norm in many schools. Senior positions are more likely to be permanent as they require continuity beyond the existing academic year.

(A dismissal is not always a redundancy. The ACAS information you quote is specific to redundancy situations.)

According to the Burgundy book and the TUC it is a dismissal.

ViolaLass

I can't work out what COE means. Contract or equivalent?

In any case, without a contract, you can't prove that it isn't a fixed term one, whatever her understanding may have been.

The fact that the class will still be there the next year is not the point.

Also, have you checked whether it's an academy? If it is, the burgundy book doesn't apply (unless they've chosen that it will).

dadtobe

ViolaLass wrote: »

I can't work out what COE means. Contract or equivalent?

In any case, without a contract, you can't prove that it isn't a fixed term one, whatever her understanding may have been.

The fact that the class will still be there the next year is not the point.

Also, have you checked whether it's an academy? If it is, the burgundy book doesn't apply (unless they've chosen that it will).

Thanks, no its not an academy.

She's returned back to her old school, in her old job, working in the same way, the same duties THE SAME CLASS.

Without a Contract of Employment would that not be classed as an implied contract?

polgara

Edit 3: Non-renewal of a fixed-term contract amounts legally to a dismissal and an employer
should follow the dismissal procedure before terminating or refusing to renew a
fixed-term contract - What is the dismissal procedure?

Yes non renewal of a FTC is a dismissal, however there is no right for this to be renew. Also it does not necessarily follow that she would be entitled to any redundancy as generally that depends on continuity of service.
Dismissal process would be consultation and a potential to go on a redeployment register however they do not have to make up a role.

polgara

dadtobe wrote: »

She's returned back to her old school, in her old job, working in the same way, the same duties THE SAME CLASS.

Without a Contract of Employment would that not be classed as an implied contract?

But hasn't she done other work in between or did I misunderstand?

dadtobe

polgara wrote: »

Edit 3: Non-renewal of a fixed-term contract amounts legally to a dismissal and an employer
should follow the dismissal procedure before terminating or refusing to renew a
fixed-term contract - What is the dismissal procedure?

Yes non renewal of a FTC is a dismissal, however there is no right for this to be renew. Also it does not necessarily follow that she would be entitled to any redundancy as generally that depends on continuity of service.
Dismissal process would be consultation and a potential to go on a redeployment register however they do not have to make up a role.

Thanks but they are actively recruiting for someone permanently to take up the position.

dadtobe

polgara wrote: »

But hasn't she done other work in between or did I misunderstand?

That's right supply, back to the same class, same pay grade from when she left everything was the same.

marliepanda

They are not actively recruiting for her job. They are recruiting for a senior permanent position. That's not her job.

It's also not her old job. She's been employed by someone else for two years .

It's a new job.