Maternity - Might be complicated

kingfisherblue

fewgroats wrote: »

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.

The school or local authority will still have to check qualifications and carry out a DBS check. It's my understanding that they will also have to check references and employment status in previous years, with any gaps in employment being explained. Presumably the lady concerned can prove her qualifications and previous employment (including supply work) and has an up-to-date DBS check (either a new check or an updated transportable check).

marliepanda

Schools are usually required to advertise jobs so it also seems highly unlikely a permanent contract was offered 'on a night out' as that wouldn't be fulfilling the legal requirements.

Basically none of it makes sense and the OP seems to think they can force the school to give his gf a permanent contract and maternity pay which she is not entitled to.

Long term this will not work out well.

nimbo

marliepanda wrote: »

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.

My sister has confirmed in our local area it's a full term for general teachers. I think they've struggled with this locally. There are only three time a year she can serioulsy look - although the odd job comes up due to maternity covers or long term illnesses that are less foreseen. Although the point about people on a ftc is interesting. But I'd imagine that school would still be covering their bases there. They're trying to bring on longer notices for people in my role too - they've been struggling with retention.

With the continuity of service was she employed direct by the lea - or through an agency? I know my sister has done both and although technically based at the same lea - but being paid by an agency then obviously wouldn't count toward continuity of service.

Also was she paid over the summers as I know my sister has been stung there on some temp contracts (not all though) and that would constitute a break in service.

marliepanda

I didnt realise it varied so much between authorities. A full term could be a heck of a long time, especially the long Winter term!

Again, this is based on MY LEA, but there is no chance someone going off on part time supply (as OP states she didnt need to work FT due to his wage) would allow someone to build up an entitlement to maternity when reporting a pregnancy a month into a 'contract' regardless of the type of contract.

daisy23169

The key element here is the length of continuous service and I'm really concerned by your statement "Shes built up the cont service over those years it doesn't go away."

Please can you clarify the exact circumstances over the last few years?

E.g. Sept 13-Aug 14 - employed by LEA at school A
Sept 14-Aug 16 - employed by LEA as supply/employed by supply agency. Also important here is whether there are any substantial gaps in work e.g. took whole summer term off in 2015 then returned in Sept.
Sept 16 - present - employed by LEA at school A

This info really is key to answering your questions.

ViolaLass

marliepanda wrote: »

Schools are usually required to advertise jobs so it also seems highly unlikely a permanent contract was offered 'on a night out' as that wouldn't be fulfilling the legal requirements.

Wouldn't be the first time. When I was training, a fellow trainee was ushered into a room and offered a job (no ad, no interview). The other trainee on the same placement was not happy!



I'm rather confused by the turn this thread has taken.

OP, I don't know why you keep asking questions and dismissing what you're told. Why ask?

What has the notice period got to do with anything? Is your partner going to try to get a job elsewhere (while pregnant?). That won't help with maternity leave/pay even if she finds somewhere.

FBaby

Don't get angry because your 'plan' backfired.

I think it is quite easy to deduct that your wife was concerned that doing supply only and being pregnant, she would get the maternity pay she would have got as a permanent staff. A private discussion took place with her friend and when friend said there was an opening, she saw it as an opportunity. Your wife chose not to tell her friend that she was pregnant because she knew that otherwise, this 'friendly' arrangement, ie. no advertising, no interview would not take place.

It backfired though because she announced her pregnancy before she got her contract, so the 'friendly' arrangement got revoked.

Frankly, I think behaviours are quite shocking here. If the post was permanent, it should have been advertised and interviewed for. It suited your wife that it wasn't. Unfortunately, the school lack of proper conduct has now gone against her. She needs to take it on the chin.

dadtobe

Notice periods doesn't have anything to do with anything. I was asking a rhetorical question about notice. Because the advice I was getting was incorrect because no one was mentioning the burgundy book arrangements. My statement was without a contract how do you know your notice period, the answer one of the commenters who is knowledgable should of said without a contract in maintained school it would refer to burgundy book arrangements.

The comments again is incorrect said friend knew we were pregnant and knew we were trying.

If you move from say Essex to Sussex leave a school and start at another one. Your previous service isn't discounted if you are employed in a school when you're pregnant. It's different to disciplinary and gross misconduct.

dadtobe

Given how many experts are commenting I was hoping for something a little bit more concrete. But anyway seeing as though people are throwing out wrong advice this is how it stands:

you leave teaching, or move to a school not covered by the Burgundy Book, and then return to the maintained sector, then you can pick up your previously accrued rights from day one of returning to the maintained sector.

gettingtheresometime

As Violalass has said if you know the answers why ask us?


Mind you apart from the fact you'd have to deal with the little darlings, I can't imagine there are many professions that you can get these perks with regards to employment rights.