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Fixed term contract. Rights and dismissal.

Discussion in 'Pay and conditions' started by pinkjade1984, Jan 11, 2012.

  1. Hi, I'm wondering whether anyone out there has been through this or have some advice. This is my second year teaching and I completed my NQT year through the school last year.
    I began teaching at the school as a supply teacher in the different year groups. I covered longer periods of absence and went through several county inspections as the school is cuurently being monitored. I received good feedback from county and was interviewed for a maternity cover post following this
    I started teaching on a 0.6 maternity cover in Nov 2010 which was changed to a fulltime fixed term contract in Feb 2011 which ended August 2011. I was then offered another fulltime fixed term contract for this academic year until August 2012.
    In my contract it states it is fixed term due to school roll numbers for the future being unknown. Just wanted to check this was a valid reason. I'm the only one in the school on a fixed term contract and feel disheartened that I may get dismissed after alot of hard work in the school.
    Does anybody know what my rights are with obtaining a permanent contract in terms of school roll numbers and funding being an issue?
    Can they dismiss me at the end of my contract this year if they do not have the funding?
    And can be contract be renewed as fixed term again without interview as I am not covering anyone else?
    Any advice would be kindly appreciated. Thank you.
  2. Yes, they can get rid of you if the funding and pupil numbers don't warrant keeping you on. Or they could offer you another fixed term contract. I worked like that for quite a while. It's difficult because you can't put down roots but at least it's a job.
  3. modgepodge

    modgepodge Established commenter

    I'd imagine this is a very common reason for giving a fixed term contract. Otherwise, if they made you permanent then couldn't afford you the next year, they'd probably have to make someone redundant, which is then stressful on everyone including you cos of the uncertainty. At least this way you know you're safe til the end of the year, perhaps longer. If you don't like it you could always look for a job elsewhere, but to be honest there's very few permanent contracts out there (out of 30 jobs I applied for last term, maybe 4 were permanant).
  4. phatsals

    phatsals Established commenter

    If your contract was until Nov 2012 you would have the right to Redundancy. As things stand you have the right not to be Unfairly Dismissed ie a valid reason has to be given. From what you are saying it's difficult to say if your role is there because of an unexpected short term increase in numbers, or because of future falling rolls.
    It is the reason for it's existence that needs to be ascertained. Only then could it's non-renewal be judged as Fair or Unfair. However, as you have less than 2 years service you wouldn't be entitled to any Redundancy pay.
    They can renew your contract and would have difficulty in explaining why the post that you are covering would be advertised. This is when it would potentially be going into Unfair territory.
    Join your Union.

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