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Fixed term contract didn't meet Burgundy Book, is it too late?

Discussion in 'Pay and conditions' started by ShannnanCraig, Dec 20, 2018.

  1. ShannnanCraig

    ShannnanCraig New commenter

    Hi all,

    I have just discovered (whilst trying to work out what I will be paid on a fixed term contract somewhere else) that a previous fixed term contract didn't meet the Burgundy Book outlines.

    The job was adversised due to the partial retirement of a staff member, to whom I would begin a job share on a 0.72 contract.

    The contract dates were 04.01.2018 to 20.07.2018, but as it was not covering sickness or maternity leave, the contract should have been from the 1st of Jan to the 31st of August.

    I know that it is likely too late to do anything as I accepted and completed the contract. However, I thought I would ask advice because I ended up being paid for the summer and I am now having to pay that money back. Which feels like a huge kick in the teeth that I'm paying back money I should have been entitled to in the first place.

    Any advice would be great. I'm an NQT by the way, so I'm still quite naive to the terms and conditions of teaching contracts.
     
  2. FrankWolley

    FrankWolley Star commenter

    Are you a union member? If not, can I suggest you join one? If you are, seek their advice.
     
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Let us know what your union says.

    Are you in a school that uses Burgundy Book conditions? LA schools should, academies don't have to but might use them voluntarily.

    BB is not as clear cut as you say it is though. BB doesn't say non-standard star/finish dates can only be used for Sickness and Maternity Leave contracts. They are examples of the sort of contract not covered by BB. School might argue that the contract you were appointed to was outside the scope of BB - if it uses BB at all.
     
    JohnJCazorla likes this.
  4. Piranha

    Piranha Star commenter

    It is not uncommon for Burgundy Book terms to be changed by mutual agreement, such as when a school agrees to a teacher leaving earlier than the BB says. So the school could, perhaps, argue that the OP had agreed to non-standard dates by agreeing to the terms in the contract, provided that this was clear from the start.

    By the way, I do think there is some confusion in the way the Burgundy Book uses the word 'term' to refer to a full four month period. It is not, to me, clear if it changes to the actual term dates of the school concerned when it talks about 'at the commencement of a school term will be paid salary' in section 1.2.

    It does appear to me that the school was trying to save money by not paying the OP for the extra days. I am not convinced that they are breaking the rules, but I would go along with @FrankWolley's suggestion and consult your union.
     
    JohnJCazorla likes this.
  5. Piranha

    Piranha Star commenter

    By the way, if your user name is your real name, you might want to consider changing it. It probably is not a problem in this case, but some schools are quite picky about staff posting on social media. You may want to be a little rude about your current school at some time in the future, so being anonymous would come in handy. Up to you, of course.
     

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