12 weeks notice help

garyelder

Hi
my wife has been at a private school for 22years and they are making her redundant 
there going to get the teacher assistant to do the job now
her last day is 10th July should her notice period include the school holidays as  there saying her notice includes the school holiday’s 
my wife has not had notice yet 

garyelder

My wife will get 3 weeks paid holiday in august what she has earned this current school year 

bryanb

Redundancy means the JOB no longer exists. They cannot get someone else to do the SAME job

garyelder

Should the 12 week notice finish on her last day which is 10th July or at present she has not had notice but the school is saying September 

Devongardener

Has she been given formal written notification of redundancy?  That should set out dates, redundancy pay, holiday pay and pension entitlements.

garyelder

no only a letter saying why her job is going no dates her 12 week’s notice just say’s September 

Devongardener

garyelder said:

no only a letter saying why her job is going no dates her 12 week’s notice just say’s September 

Is it a private school?  She should have received an initial notification stating that her job was at risk of redundancy, saying that this was an initial consultation process, followed by a final letter confirming the decision, setting out her redundancy calculation with should include her holiday pay and pension contribution entitlement.   It might be worth contacting ACAS or her union to see if this a genuine redundancy situation if they are giving her role to another employee.

400ixl

bryanb said:

Redundancy means the JOB no longer exists. They cannot get someone else to do the SAME job

Yes they can in this scenario. They have determined that they do not need the same number of people and can re-allocate the work. That is making that person's role redundant.

LinLui

bryanb said:

Redundancy means the JOB no longer exists. They cannot get someone else to do the SAME job

You are confusing jobs and tasks. A job is a collection of tasks / responsibilities connected to a set of terms and conditions of employment which includes payment terms. In this case the tasks may remain,  but the terms do not - the employer has effectively determined that the terms connected to the job now exceed the "market". I would admit that it seems rather odd that the tasks and responsibilities of a qualified teacher can be assumed by a teaching assistant, and maybe there is more to this than simply passing all tasks to a TA. But that's a different discussion. Significant changes to the job terms can be a legitimate reason for redundancy. 

General_Grant

LinLui said:

bryanb said:

Redundancy means the JOB no longer exists. They cannot get someone else to do the SAME job

You are confusing jobs and tasks. A job is a collection of tasks / responsibilities connected to a set of terms and conditions of employment which includes payment terms. In this case the tasks may remain,  but the terms do not - the employer has effectively determined that the terms connected to the job now exceed the "market". I would admit that it seems rather odd that the tasks and responsibilities of a qualified teacher can be assumed by a teaching assistant, and maybe there is more to this than simply passing all tasks to a TA. But that's a different discussion. Significant changes to the job terms can be a legitimate reason for redundancy. 

The OP doesn't say she is a qualified teacher, just that she has worked at the school for 22 years.  It could be that the OP's wife has been undertaking admin tasks which the TA would be capable of doing, even in addition to their own job rather than giving up the TA job entirely.

LinLui

General_Grant said:

LinLui said:

bryanb said:

Redundancy means the JOB no longer exists. They cannot get someone else to do the SAME job

You are confusing jobs and tasks. A job is a collection of tasks / responsibilities connected to a set of terms and conditions of employment which includes payment terms. In this case the tasks may remain,  but the terms do not - the employer has effectively determined that the terms connected to the job now exceed the "market". I would admit that it seems rather odd that the tasks and responsibilities of a qualified teacher can be assumed by a teaching assistant, and maybe there is more to this than simply passing all tasks to a TA. But that's a different discussion. Significant changes to the job terms can be a legitimate reason for redundancy. 

The OP doesn't say she is a qualified teacher, just that she has worked at the school for 22 years.  It could be that the OP's wife has been undertaking admin tasks which the TA would be capable of doing, even in addition to their own job rather than giving up the TA job entirely.

True. I assumed something I shouldn't have done. But the point remains that the employer indeed pass tasks from a role which is being made redundant to another post. That might raise other questions, but the post I was responding to said they couldn't get someone else to do the same job and that is (a) not entirely correct and (b) doesn't mean they can't give tasks to the TA.