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Advice needed please!

Discussion in 'Workplace dilemmas' started by loobyloo36, May 3, 2012.

  1. I have worked at a primary school for last six years as a TA. I was taken on as paid employee on a temporary basis three years ago. After a year doing same 20 hours a week the post was advertised internally and I was unsucessful. A student was then given the post and made permanent. I then was told I had no hours at all. Unfortunately a colleague had to leave through long term sickness not long after and I was offered 15 hours again on temporary basis.After two years doing these hours the same thing has happened. I was told to apply for the job I had done for last two years. I did this and again was unsuccessful. An employee taken on 6 months ago was successful in the interview and was given the post which has suddenly been made permanent and now I have no job this coming September. My payslip states I worked as a relief TA and for the last two years as a supply TA. My performance has been good and the HT has never stated he was unhappy with my work nor have my colleagues . Have I been treated unfairly or is this the norm? I would appreciate any advice.
     
  2. I have worked at a primary school for last six years as a TA. I was taken on as paid employee on a temporary basis three years ago. After a year doing same 20 hours a week the post was advertised internally and I was unsucessful. A student was then given the post and made permanent. I then was told I had no hours at all. Unfortunately a colleague had to leave through long term sickness not long after and I was offered 15 hours again on temporary basis.After two years doing these hours the same thing has happened. I was told to apply for the job I had done for last two years. I did this and again was unsuccessful. An employee taken on 6 months ago was successful in the interview and was given the post which has suddenly been made permanent and now I have no job this coming September. My payslip states I worked as a relief TA and for the last two years as a supply TA. My performance has been good and the HT has never stated he was unhappy with my work nor have my colleagues . Have I been treated unfairly or is this the norm? I would appreciate any advice.
     
  3. Somebody with more knowledge than me of redundancy will advise, but it might be that the school is acting unlawfully by making you redundant because of the length of service you worked at the school.
    You must contact your union or use the legal protection under your
    house insurance for free legal advice. But it might be that you have more legal protection
    than the school gives you credit.

     
  4. On the basis of the information you have provided here it seems that your contracts have all been fixed-term. Although any individual with two years plus service can make a claim for redundancy payment when the contract they have been employed under comes to an end, the non renewal of a fixed-term/temporary contract which was to cover for an absent employee, ie one suffering from long term illness or maternity, does not fall within the definition of redundancy. The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 recognises that a contract of employments will terminate on the expiry of a specific term, on completion of a particular task; or on the occurrence or non-occurrence of any specific event. The key issue with redundancy is that it is the post that is made redundant, not the person.
     
  5. phatsals

    phatsals Occasional commenter

    This is not entirely correct. A contract has to be renewed at least once to comply with the two year rule, and it is two years and over, not over two years. If the OP has had their contract renewed, this condition has been met. If it was originally for a mat cover or sickness cover is irrelevant, it has been renewed and they do have employment protection .
    If a contract expires the post holder is still entitled to a Reason for Dismissal and procedures have to be followed, if not it is Unfair Dismissal. Non-renewal of a Fixed Term Contract is a dismissal in law, the employer must be very careful on how they treat that employee to avoid a claim for Unfair Dismissal.. The reason for Dismissal would be Redundancy if the post no longer exists, if employed for two years or over they are entitled to a Redundancy Payment.
    If the OP has had their contract renewed repeatedly for 10 years they would be entitled to redundancy but it is not clear that they are actually on contract, it reads as though it is a combination of contracts and casual. Perhaps the OP could clarify the detail.
     
  6. phatsals

    phatsals Occasional commenter

    Apologies - 3 years, not 10.
     

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