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Fixed term contact notice period

Discussion in 'Pay and conditions' started by granadam, Sep 12, 2020.

  1. granadam

    granadam New commenter

    Hi
    So I’m on a fixed term until 31/12/20, just wondering if for any reason (early days I know!) I wanted to leave earlier, what notice do I have to give? Things I’ve read on the unions seem to suggest one week if you’ve worked more than a month, but that seems strange for a school??
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    That union advice is confusing. It's the statutory minimum notice period that would apply if your contract did not state what notice you have to give. But it's highly unlikely that any employment contract for a teacher doesn't mention notice periods. So it will be whatever your contract says (was it stated in the offer letter you are sent when you accepted the job?).

    When did your fixed term contract start?
     
  3. Corvuscorax20

    Corvuscorax20 Lead commenter

    if the school can tell you to leave with no notice, which is what I have seen happen several times in the last year for teachers on fixed term contracts, then it seem only fair you can leave with no notice too. Which you might or might not want to do, depending on circumstances.
     
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide


    There is no reason to believe from OP's post that OP's school is planning to dismiss OP without notice. Even if that did happen in another school somewhere else in the country it's utterly irrelevant to what OP is entitled to do, or should do, in their own school. OP would be very unwise to follow your advice.
     
    Last edited: Sep 12, 2020
    granadam likes this.
  5. granadam

    granadam New commenter

    The school isn’t planning to get rid of me (that I’m aware of!) but I know already the school isn’t for me so I’m happy the fixed term is until end of December. HOWEVER, my original query comes from a place where Id like to know what my rights are if I decide to leave (for my own reasons) before the end of December and how much notice legally I need to give.
    It doesn’t specifically say in my contract (see below) but DOES mention the BB...and notice periods in the BB as we all know are 2 months.


    16.1 In the case of a fixed-term contract Your employment will terminate automatically on the date specified in clause 3.1, unless Your employment is terminated by the XXXXXXXXXXX by giving to You no less than the minimum period of notice required by the Burgundy Book expiring at the end of the school term as defined by the Burgundy Book.

    This just mentions the notice THEY must give ME to terminate early, but not what I must give? I’ve read the contract 100 times and see nothing else.
    Thoughts?
     
  6. Rott Weiler

    Rott Weiler Star commenter Forum guide

    When did your contract start? 1st September? Or did it start last year?
     
  7. granadam

    granadam New commenter

    This September, 2020
     
  8. frustum

    frustum Star commenter

    It's unusual for contracts not to have matching notice periods either way, so I think the assumprion is that you have no right to leave earlier than 31st December.
     
  9. Rott Weiler

    Rott Weiler Star commenter Forum guide

    The reason I asked is that Burgundy Book terms say that staff on contracts of more than one term have the same notice period as permanent staff. But as yours is one term exactly BB doesn't apply. Not unless your contract expressly says it does. But the bit you quoted doesn't say that.

    As the school seems to think BB notice periods apply to notice on their side my guess is they think it applies on your side too (ie resign by October 31st to leave at Christmas). But as the contract appears to be silent on your notice period you could argue it's actually only the statutory one week. Expect an argument if you decide to follow that course of action!

    Good luck.
     
    granadam likes this.
  10. granadam

    granadam New commenter

    Thanks all
     
  11. thejudgesscoresarein

    thejudgesscoresarein Established commenter

    You would need to check your contract to see if there is any clauses regarding an early release? One week is insufficient, would expect to be a month or so at least. Schools prefer staff to leave at half term or end of term as a minimum.
     

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