1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Breaching Contract ?

Discussion in 'Workplace dilemmas' started by skynet_97, Jan 24, 2011.

  1. Hi all,
    Posted recently about wanting to leave, even though only recently started position. I handed my notice in with request to leave at Feb Half Term (instead of Easter). I havn't seen my contract, nor have I signed it & just been advised by NUT that should I leave at Feb HT I will be in breach of Contract. Other non NUT Union websites seem to think that a) Head will / should agree to mutual cancellation or b) that if teacher walks without notice period, school / LEA unlikely to persue breach of contract. I am due a follow up meeting with Head Teacher this week, but in the meantime, does anyone have advice?? I really don't want to stay past Feb Half Term, but am concerned re: potential breach of contract. I am not reliant on reference from this head teacher as previous job will provide excellent reference!
     
  2. Hi all,
    Posted recently about wanting to leave, even though only recently started position. I handed my notice in with request to leave at Feb Half Term (instead of Easter). I havn't seen my contract, nor have I signed it & just been advised by NUT that should I leave at Feb HT I will be in breach of Contract. Other non NUT Union websites seem to think that a) Head will / should agree to mutual cancellation or b) that if teacher walks without notice period, school / LEA unlikely to persue breach of contract. I am due a follow up meeting with Head Teacher this week, but in the meantime, does anyone have advice?? I really don't want to stay past Feb Half Term, but am concerned re: potential breach of contract. I am not reliant on reference from this head teacher as previous job will provide excellent reference!
     
  3. minnieminx

    minnieminx New commenter

    I think you are being a little naive. Apologies, but it is true.

    It is general knowledge that teachers can only leave at the end of terms and have to give a half term notice (more or less). Saying you have not yet seen your contract is not really an excuse. Without breach of contract you cannot leave before Easter.

    Your HT may possibly grant early release from your contract if it is in their interests to do so. It happens sometimes, but do not rely on it. If it does happen then be very grateful as it is what you want but not what you are entitled to.

    You absolutely ARE dependent on this HT for a reference if you want to teach again. And you need never to have breached a contract if you want a chance of another teaching job (possibly any job!). For your next teaching job you HAVE to give your most recent HT as a reference, however short your contract. The fact your previous job may give you an excellent reference will not cancel out the fact you still need this one.

    Also HTs talk to each other. Even if you somehow lie in your application and so don't mention this school or give this HT as a reference, a new school may still get to hear of you via the grapevine. No HT will give a job to someone likely to walk out and leave them in the lurch.

    You absolutely need to do things by the book if you want to teach in your next post.
    Best of luck and sorry not to be more positive for you.
     
  4. The pragmatic approach would be to speak to head and offer to stay until they get a replacement, esp if they get a supply who looks like stopping on, but to add the thought via a teensy white lie that offers you are currently considering won't wait more than start of April.
    I've never known an LA throw money at a breach of contract, ever. What would they gain from it?
    But there's always a first time.....hence having a talk with head being a useful tension-breaker.
     

Share This Page