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I need to understand.

Discussion in 'Workplace dilemmas' started by carntthink, Jun 22, 2015.

  1. carntthink

    carntthink New commenter

    Dear Theo and friends I need some advice and what do you think of this situation?

    New Head appointed Two years ago,I feel like she doesn't like me,The story goes like this I have been a temp TA for 3 years since April 2012 , My role is SEN supporting pupils across the school with statements and additional needs.

    I've had to have an interview every time the temp contract comes to an end but I'm still been employed for the same job description,So I have had 3 interviews I got the first 2 interviews in June 2013 then I had another interview again in June for the same job description I didn't get the job it went to an external post, BUT a few weeks later I was in the Heads office and she told me I had the job supporting SEN children she said I didn't need to do a interview, I was delighted but shocked my emotions had been pretty high especially my anxiety.The head said it was temporary, Ok this is where I need advice, right my job description is on the staff notice board for September 1st internal candidates may apply, To cut a long story short the interview went well but I didn't get the job huh!! My emotions and anxiety again are all over the place I feel so upset and just can not understand why,Some colleagues have said its disgusting the way I have been treated have you heard of anyone else having this many interviews year after year for the same job. I was wondering do you think the head said no this time round because I would become permanent in April.
  2. School Boy Error

    School Boy Error Occasional commenter

    That sounds terrible to me! I've certainly heard of some heads doing something like this so that they don't have a problem with redundancies etc if the SEN count drops and they no longer need as many supporting TA's.

    Personally, if I were you, I would be looking elsewhere. I wouldn't want to jump through these hoops each year. Especially, when twice now, you've been unsuccessful - I have no idea what the head is thinking.
  3. carntthink

    carntthink New commenter

    Do I not get redundancy after two years,I have been there for three years and it will be 4 years in April, my job role still exists but been given to someone else. Do I not deserve an explanation WHY!!! Considering my recent observations have all been good and she told me it's not down to performance in school,also all staff had an aprasil but I didn't

    Thanks School boy error and I've been unsuccessful in the interview but still given the job,apart from this last interview I'm so confused.
  4. School Boy Error

    School Boy Error Occasional commenter

    Someone with more knowledge may correct me but I think that you aren't eligible for redundancy because you're not being made redundant. You've come to the end of your contract and the head teacher is choosing not to renew it. It's not a good position to be in and you aren't being treated well but this is exactly why some people choose to hire people on fixed term contracts rather than permanent.
  5. Piranha

    Piranha Star commenter

  6. stargirl81

    stargirl81 New commenter

    I'm sorry this is happening to you. I dont want to go in to too much detail of mine but i've been messed about by head teacher and i actually decided (for the first time ever) that i wasnt going to be messed about anymore and so applied for other jobs.

    I could end up without a job and that will be my own fault but i'd rather that than be taken the p**s out of! I wish you the best x
  7. eburor

    eburor New commenter

    After two years you have protection from being dismissed for trivial reasons.

    As a point of law, if person X is employed on a 6 month contract for say 5 times (so 2.5years continuous employment) then they have protection from dismissal. An employer can not offer continual short contracts in an attempt to circumvent employment law.

    If you have been doing the same job for 3 years you will likely have protection from unfair dismissal. Ask for a statement from your employer for the reasons you are being dismissed. They have 14 days to provide it. Be aware there are some valid reasons (see www.gov.uk/.../reasons-you-can-be-dismissed). Dont worry if they dont provide it, it will just be a lot harder for them to back track later on.

    You are unlikely to get them to continue to employ you, but you may have a case for unfair dismissal which would result in some compensation for you. Go to your union or local CAB for advice or if you can, seek out the advice of a solicitor.
  8. scienceteachasghost

    scienceteachasghost Lead commenter

    I would seriously get looking for other schools with the position you are in. Your current one doesn't deserve any decent staff for prolonging a temporary contract in such a way!
  9. asnac

    asnac Lead commenter

    The problem is that the OP is not being dismissed. The post was expressly offered as temporary and was always going to come to an end this year.

    I would not be surprised if, as the OP suspects, the prospect of them becoming permanent (4 years would have done it, 2012-2016) has swayed the HT in making the decision.

    It does seem a dodgy way of carrying on if the post is really a permanent one but is only being offered on repeated temporary contracts. Any view from GLs?
  10. TheoGriff

    TheoGriff Star commenter

    How difficult this is for you, carnthink!

    I would suggest that you go to see someone at the local Citizen's Advice Bureau (I suggest this because many TAs are not in a union - if you are, contact the regional branch first).

    The whole issue of employment law is very complex and you need somebody with expertise in this area to support you.

    Best wishes


    Meet Theo on line on the TES JobSeekers Forum, where she answers jobseeking and careers queries regularly each week.
  11. asnac

    asnac Lead commenter

    To correct myself - I have found that eburor is actually right as this govt advice indicates - a non-renewal of a contract is a 'dismissal' for which the OP is entitled to ask for reasons in writing.
  12. Piranha

    Piranha Star commenter

    Not true. To quote from the link I gave earlier:

    "If a contract isn’t renewed

    This is considered to be a dismissal, and if the employee has 2 years’ service the employer needs to show that there’s a ‘fair’ reason for not renewing the contract (eg, if they were planning to stop doing the work the contract was for)."

    Sorry, asnac. I posted this before I noticed your correction. I leave the quote in as it is worth knowing about.
  13. carntthink

    carntthink New commenter

    Eburor thank you so much for the advice,I can't see the Head teacher give me any reasons for unfair dismissal,,due to her saying my performance in school is good and she also said I have the abilities and the experience to do my job.I also have had observations and they have come back good with no concerns.

    I think in all honesty its down to me been employed for 4 years in April, i will be taking your advice and asking my union.

    Thank you I will let you know the outcome`
  14. carntthink

    carntthink New commenter

    Dear Theo I am with a union and I will be contacting them on Monday.

    This is causing me a lot of stress and most of my colleagues are all shocked that she has treated me this way.I feel worthless because the other person who as now taken my job description as no experience in SEN.
  15. carntthink

    carntthink New commenter

    Thank- you Theo I Am in a union and I will be contacting them on Monday.

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