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Asked to start new job earlier

Discussion in 'Workplace dilemmas' started by ineedout, Oct 2, 2015.

  1. ineedout

    ineedout New commenter

    Finally managed to get a job out of teaching.

    I've resigned but my new job would like me to start (if possible) after half term although they will hold my post under January.

    Very tempted to just up sticks and leave.

    What are the consequences?
  2. blueskies31

    blueskies31 Occasional commenter

    I'm considering leaving the profession at the moment and job hunting in other fields; I hope you don't mind me asking what type of job you're moving to?

    I'm no expert at all but would imagine that you may be 'charged' with gross professional misconduct which would stay on your record and affect you should you wish to return to teaching in the future.

    Good luck with the new job!
    snowyhead likes this.
  3. snowyhead

    snowyhead Lead commenter

    School could sue you for breach of contract and reclaim the cost of filling your post with a supply teacher until 31st December. Is this a risk you are willing to take? Alternatively, you could ask your school for, and agree to, an early release which might be of mutual benefit to you both.
  4. Flere-Imsaho

    Flere-Imsaho Star commenter

    Has any school actually done that?
  5. snowyhead

    snowyhead Lead commenter

    I have no idea, but I wouldn't put it past an academy chain with pots of money behind them to buy the finest lawyers, just to make an example of someone and act as a deterrent to others.
    DYNAMO67 likes this.
  6. DaisysLot

    DaisysLot Senior commenter

  7. ineedout

    ineedout New commenter

    Evidence. Examples?

    I have asked for an early release but no reply so far.

    Might just have to do a rubbish job in the hope they let me go?!
  8. snowyhead

    snowyhead Lead commenter

    That's certainly an option. On reflection is it a sensible one? What if you need a reference from them at some point in the near future?

    If your new employers are willing to wait then I would stay until December. Keep your head down, do the job as best you can - the time will pass more quickly than you think because you'll have that warm feeling inside knowing that your escape is imminent.
    DYNAMO67 and ilovesooty like this.
  9. ilovesooty

    ilovesooty Star commenter

    I agree. If they turn down your request for an early release I think you really should resign yourself to powering through until you can leave at Christmas.
    DYNAMO67 likes this.
  10. DaisysLot

    DaisysLot Senior commenter

    Much as I would like to deter you from breaching your contract, and possibly facing being put on capability prior to your departure from your present job, I also feel no impetus to search and give you examples of such cases. I'm sure you can do this yourself.

    It would be the LEA that would take the legal proceedings which if successful would result in a CCJ.
    Last edited: Oct 2, 2015
  11. Morninglover

    Morninglover Star commenter

    If the school get the impression that you won't lift a finger over the last half-term and your concentration will be elsewhere they may well let you go...

    Just sayin' ;)
    ineedout likes this.
  12. stmha

    stmha Established commenter

    I appreciate your dilemma but doing a 'rubbish job' actually hurts the children you teach.
  13. asnac

    asnac Lead commenter

    Have you considered what your reaction would be if it were the other way around, if they dismissed you without due notice? I bet you'd be straight off to the tribunal.

    Anyway, I hope you're certain you're not returning to education in the next decade or so. Schools will seek references from the last two workplaces and even if you've worked at multiple non-education places in the interim, they are likely to want a reference from your last teaching job. If I were your head, and you'd either left me in the lurch by breaching contract or deliberately under-performed to persuade me to let you go, I would certainly put a statement about this on your staff record.
  14. Morninglover

    Morninglover Star commenter

    That is, of course, true...But there are many HTs/SLTs out there whose decisions have the same effect, of course. Probably every day, if the stories & experiences recorded here are any guide...

    And we're only talking about 7 or 8 weeks. Not likely to ruin anyone's future (unlike the changes imposed by Mr Gove, for example... They'll last for generations).

    The bottom line is that if a teacher really wants to leave, it is best to let them go....
    notsonorthernlass and ineedout like this.
  15. ineedout

    ineedout New commenter


    As for doing a poor job I wasn't talking about the lessons I teach just all the form filling and evidence gathering for Ofsted which really don't affect the kids.

    Mind you I'm sick and tired of the emotional blackmail of 'what about the children?'.

    As for applying for another teaching post in the next decade, I hope to be retired in 10 years time!
    FolkFan likes this.
  16. stmha

    stmha Established commenter

    Jusr resign. You are paid monthly, so one could argue you only have to give a months notice...not quite true but still..they are unlikely to pursue you. However if you need a reference you need to stick it out
  17. stmha

    stmha Established commenter

    Who is Gove...forgotten him already. The defender of 19th century education policy. Actually I cant remember the last time We had an education secretary that talk sense, blunkett...occasionally.
  18. DYNAMO67

    DYNAMO67 Lead commenter

    Ask for an early release. If the answer is no, stick it out in the knowledge that things are not nearly as stressful when you know you are leaving anyway; even more so when you know that you are also leaving the profession.

    To be honest, quitting before completing your notice could open a can of worms that there is no need to open. They are prepared to keep this job open anyway. Why put yourself at risk? I agree with one of the early posters who suggested that an academy chain, with its access to large HR departments,money and corporate philosophies, would be tempted to pursue things. Added to this is the fact you would clearly be in the wrong. Simple case.
    ilovesooty and notsonorthernlass like this.
  19. monicabilongame

    monicabilongame Star commenter

    Really, don't follow stmha's 'advice'.

    NUT Guidelines: "Teachers who leave their posts without giving the required notice will be in breach of contract. Although contracts of employment cannot be enforced in that teachers cannot be prevented from leaving their jobs or working elsewhere, the teacher could be sued for any costs incurred by the school as a result of their breach of contract and, of course, the teacher’s conduct would be likely to affect any reference given by the school in future.

    However, in cases where teachers have missed the deadline for notice or wish to leave other than at the end of term, the strict notice requirements can be waived by mutual agreement with the school."

    If you are at an academy they may not be following the Burgundy Book but whichever way, you should check your contract. Also, think about your new employer - if they know you are happy to break a contract to switch employment, they will also know that you are just as likely to do it to them. You will have more respect from them if you act professionally and fulfil your contract to the school.
    ilovesooty, marlin and DYNAMO67 like this.
  20. DYNAMO67

    DYNAMO67 Lead commenter


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