Maternity - Might be complicated

dadtobe

marliepanda wrote: »

I don't need to know the law to know that you can't grant yourself an automatic extension to a contract by becoming pregnant... it's called common sense.

That isn't what I asked.

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.

marliepanda

Equal access - she can apply for the jobs you say they are advertising. No ones suggested she can't.

That's entirely irrelevant to everything else you've talked about.

74jax

dadtobe wrote: »

On the 23rd of August you said:

" I have no knowledge of employment law" Anyone else or shall I go with what the Union advise?

What a ridiculous question.

Go with your union, go with solicitor advice.

You can keep on going here until you find someone who says what you want.

I doubt anyone cares.

Your first child?

nimbo

dadtobe wrote: »

That isn't what I asked.

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.

She isn't being unfairly treated she is perfectly entitled to apply for any role they advertise that she is qualified for. They are allowed to apppint anyone they choose to.
They will not be making a pregnant woman redundant they would be allowing a ftc to not be renewed. And appointing the person they feel is best able to fulfil whatever role they have advertised for.

Also I'm fairly certain she couldn't give 4 weeks notice. I thought all teachers had to give one full term notice as to not do so was gross misconduct. This may just be a local thing as my sister is always tied up in knots about it.

You may not like the answers but without an actual contract stating that the position was permanent - you can't prove it was. Also how long will she have been there when herat leave starts as I know where I'm based not a teaching role but with the la I don't get mat pay for 12 months after I've started so I couldn't start pregnant and then get a whole 12 months off.

marliepanda

nimbo wrote: »

Also I'm fairly certain she couldn't give 4 weeks notice. I thought all teachers had to give one full term notice as to not do so was gross misconduct. This may just be a local thing as my sister is always tied up in knots about it.

You may not like the answers but without an actual contract stating that the position was permanent - you can't prove it was. Also how long will she have been there when herat leave starts as I know where I'm based not a teaching role but with the la I don't get mat pay for 12 months after I've started so I couldn't start pregnant and then get a whole 12 months off.

It's half a term notice usually for teachers, a full term for deputy heads/heads and maybe some other SLT. However, I'm not sure how that works with someone on a fixed term contract. Half a term (which could be up to 8 weeks) seems a bit tough one someone contracted to a short term.

We've always been the same with continuous service. It certainly isn't a 'build it up and keep it forever''thing.

dadtobe

The correct answer for notice is what is dictated in the burgundy book.

dadtobe

Thanks again it's down to BB arrangements

CATEGORY 2

Teachers with less than 26 weeks’ continuous employment with their current employer but at least 1 year’s continuous employment with one or more local authorities

Teachers who have by the qualifying dates completed at least 1 year’s continuous employment with one or more local authorities will be entitled to the full benefits of the Burgundy Book scheme. If, however, they have completed less than 26 weeks’ continuous employment with their current employer, they will not be entitled to all of the statutory provisions. In particular, they will not be entitled to Statutory Maternity Pay, although they may be entitled to the state benefit Maternity Allowance (MA) depending on their recent National Insurance contributions record in other employment. Teachers in this category are entitled to be absent for up to 52 weeks.

Yes to MA as well.

beecher2

Your partner needs to contact her union for advice, they are the experts.They will probably be annoyed that they weren't contacted about the lack of a contract.

bouicca21

Teachers who have by the qualifying dates completed at least 1 year’s continuous employment with one or more local authorities will be entitled to the full benefits of the Burgundy Book scheme.

Whilst I have admittedly no experience of employment rules for teachers, I would read this to mean that continuity of employment is vital - so for example there is no loss of entitlement if moving from one LEA to another. The significant point about the OP's fiancee is that she broke the continuity of employment by signing on with a supply agency. She was then recruited to a vacant post in a way that saved the school from paying agency fees. In other words she was effectively recruited as a supply teacher.

fewgroats

I worry about this school. They should offer contracts,even to position offered to friends in a school situation. There are hundreds of things that could go wrong otherwise-what happens if the qualifications of a teacher are disproved? Or a criminal record comes out? They need to know they can protect students as much as anything else.