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Contract query

Discussion in 'Pay and conditions' started by yellowredgreen, May 8, 2012.

  1. Greetings all,

    I'm hoping that I'm in the right place so apologies if not. I started a Maternity cover at the end of February but still not have had any form of contract in written terms. I think I should be worried by this as without any written terms of employment I am currently unable to know the wording of the contract and therefore if I will employed until term ends in July or until 31 August. I have mamaged to secure a permanent job for September which is great and I know that the teacher I am covering for is coming back in September but I would still like to know if I need to start saving now or if I will have some summer holiday pay!

    So I suppose my question is this: having been to see my current school's finance officer almost every day since Easter to ask if she had my contract yet, are there any other ways to hurry along my contract?

    I have heard that employers have up to 8 weeks to issue a contract to its employee, but what happens then? Sorry for rambling and thanks for any help, advice or suggestions.
     
  2. DaisysLot

    DaisysLot Senior commenter

    Well done for getting a job for September.
    Typically maternity cover teachers are paid until the date of the post holders return - If she plans to return in September, chances are, unless she's a bit daft, that she will h.ave put her date of return as the first day of the summer holiday.
     
  3. Gardening Leaves

    Gardening Leaves New commenter

    By law you are entitled to an s1 statement to be given to you within 2 months of your start date. This is not the contract but a written statement of the terms and conditions of your contract. There are a range of things that it must include, including the commencement date, the deemed date of commencement of continuous service and the end date fir q,fixed term contract. You need to remind them that you haven't had this. If it still doesn't materialuse contact your union.
     
  4. Thank you both for the swift replies. It's good to know that I am on the right track of thinking something should have happened by now. We'll see what happens this week...or the next...or the next!
     
  5. frustum

    frustum Lead commenter

    And keep saving. The likelihood is that the notice period is short, and the postholder can change her mind about when she's returning with 3 weeks notice. So having the contract won't really make your position any more clear. As said above, she'd be very silly, if planning to return to the classroom in September, not to return on the first day of the holidays.
     
  6. Gardening Leaves

    Gardening Leaves New commenter

    Yes, unless your contract says anything else, once you'd worked there for four weeks they only have to gI've you one weeks notice which is the statutory minimum.
    As to what happens next, in law you could go to a tribunal for a declaration of the terms of your contract but that's extreme in practice. Hence why I suggested you tell your union and not at school level - go higher.
     
  7. jubilee

    jubilee Star commenter

    If the postholder has a 'return to work' date of the first day of the summer break, which is very likely, you need to know if the school will also pay you for the summer holiday period. Some schools do pay both teachers over the summer but it is less likely to happen these days.
    You should ask the finance officer what happens to your pay schedule if the postholder chooses Day 1 of the summer holidays as her return to work day (+ return to her full pay). That issue is more relevant to you than the non-appearance of a contract as the contract will likely be phrased that you will be paid "until the return of the postholder". You are none the wiser being told that she is back at work in September, so need to know how they will proceed pay-wise when you have taught the entire summer term.
    If you will only be paid up to your last day in school in July, with payment at the end of July, you should claim JSA from the day after receipt of your last pay. You will need to be able to say that you rae looking for temporary f/t work and are available for such work. You will then be assessed for JSA for August and until the official start of your new job in September (1st Sept or later?).
    If you qualify for Income Based JSA you will also be able to claim for Housing benefit if you rent and Council TAX RELIEF, as well as free NHS services.
    If youhave a working partner of savings of a certain level, you may only qualify for Contributory JSA, based on your past NI record, and that would pay you £67-50 per week for about 4 weeks in August.
     
  8. This is not the contract but a written statement of the terms and
    conditions of your contract. There are a range of things that it must
    include, including the commencement date, the deemed date of
    commencement of continuous service and the end date fir q,fixed term
    contract.[​IMG]
     

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