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agency contracts

Discussion in 'Workplace dilemmas' started by jackie-low, Jul 2, 2015.

  1. We offered an agency teacher a job. She took three days to accept via the agency although we have not yet heard from her directly.

    In spite of many requests we still have not seen her references.

    Can we withdraw our offer.

    She did receive a welcome email from us.

    What notice would she be under?
  2. wanet

    wanet Star commenter

    The agency should supply references, but you offered a job before taking up references?
  3. Piranha

    Piranha Star commenter

    If the offer was subject to references (as it should have been) then yes. Notice would be whatever you offered.
  4. GLsghost

    GLsghost Star commenter

    Careful, careful, careful!

    Was the offer conditional on references? The hold up may be the agency and not the teacher. She may be on holiday or otherwise unable to access email.

    Are you un uk or abroad? I thought safeguarding legislation made it encumbent upon employers to seek references before an offer is made.

    If you withdraw the offer unlawfully I shall be encouraging her to consult her union with a view to claiming breach of contract and providing her with the information she needs to do it!
  5. Tigger1962

    Tigger1962 New commenter

    Usually offers are made after references are checked. So surely you have entered into a binding contract with the teacher unless you specifically made it clear in the offer that it was subject to references.
  6. scienceteachasghost

    scienceteachasghost Lead commenter

    Tell the teacher you are appointing that the references are not forthcoming and they may themselves chase them up.

    In my view, prospective employers are not proactive enough in chasing references. In your position OP I would actually personally visit the schools listed and linger in reception while they find the Head (if the schools are sufficiently local.) It will soon be apparent if there is an issue!
  7. les25paul

    les25paul Star commenter

    Some of the less reputable agencies have the habit of telling their supply teachers one thing and the school something else.

    The teacher might not be aware of the terms of the position you have offered her, for example is she employed directly by you on a school contract or is she employed on a supply contract in which case the agency remains her employer. Some agencies can be a little vague over this. If it is the second case the teacher might be under the impression all is fine and she is expected on the first day of next term.

    You might wish the teacher to come in and collect some resources/timetables/class list etc. If so please be aware that the supply teacher will lose a day's pay doing so (particularly important with the long unpaid holiday coming up). However the teacher would appreciate this information if you could post or email it to her.

    It could all be due to a breakdown in threeway communications between the agency, the agency teacher and yourself.

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