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Job Offer Accepted, then current teacher retracted resignation. Help!

Discussion in 'Workplace dilemmas' started by harrylloyd, Dec 3, 2018.

  1. magic surf bus

    magic surf bus Star commenter

    If your girlfriend is not in a union get legal advice anyway. I'm sure any solicitor worth their salt will see this as a potential win.

    I notice the contract was for six months and the person she was replacing needed a 'break from teaching'. Whilst the school don't have to specify any personal details, do you know if was it was planned to be a maternity cover? Difficult if so, but I doubt if it would change the legal position.
    Lara mfl 05 likes this.
  2. Piranha

    Piranha Star commenter

    Yes, I think that is very sensible. The problem with verbal contracts is lack of evidence. I told my HoD that I intended to retire over a year in advance, so that I wasn't given a year 10 class. About six months before my departure date, he asked if I would give written notice so they had plenty of time to recruit.
  3. Piranha

    Piranha Star commenter

    One difficulty in cases like this is knowing what the correct notice period would be, given the absence of a contract. I think it probable that compensation would be what the employee would have earned if the employer gave notice on the first day at work, but it is not always possible to know that. A maternity cover might have a different notice period, which itself might be based on the return date of the teacher being covered. As has been said by me and others, job offers really should include some of the basics, such as salary and notice periods.
  4. Dorsetdreams

    Dorsetdreams Occasional commenter

    "and now".... "so yes"...... You are jumping to a conclusion prematurely. Please do post back when your girlfriend gets told something directly by the Head.
  5. harrylloyd

    harrylloyd New commenter

    Apologies if I'm not being clear - she has been told by the Head that they have decided to let the current teacher continue teaching the year 5 class and that they could maybe offer her some supply work (no specifics). As this is a one form entry there are no other year 5 positions (or any other positions) at the school.

    My girlfriend has made her position clear to the head and we are waiting on a reply from the school.

    No, not maternity. The current teacher was leaving the school permanently for time away from the profession.
    agathamorse likes this.
  6. Fleecyblanket

    Fleecyblanket New commenter

    Is your girlfriend a supply teacher working for an agency or was she going to be employed directly by the school?
    border_walker likes this.
  7. Piranha

    Piranha Star commenter

    Has your girlfriend spoken to her union yet? I really don't think you are going to get anything more useful from this forum. We all agree that she has been treated badly, and (most of us, at least) think she has a legal case for compensation. But she needs a qualified expert to take things further.
  8. BelleDuJour

    BelleDuJour Star commenter

    Surely if resignation has been formally accepted by the headteacher then that it that, and is cannot be retracted?
  9. Piranha

    Piranha Star commenter

    It can be retracted if the employer agrees. Sometimes, an employer will even offer more money to persuade somebody to stay. But the employer should not agree if it means reneging on an accepted job offer.
    agathamorse likes this.
  10. border_walker

    border_walker Established commenter

    It can, but the job offered and accepted can't.
  11. catbefriender

    catbefriender Lead commenter

    In this severely dodgy economic climate with over three hundred thousand qualified teachers OUT of the classroom and a hundred thousand of them being NQTs, and more and more being trained as we speak, having a school offer you supply work now and then, versus you taking them to the cleaners has to be considered very carefully. Is this primary schools part of a MAT, may there be long term consequences if she pursues legal action?

    It is very easy stating things behind a laptop but the realities of pursuing justice isn't as rosy as it looks in the movies. If she is offered supply work in the school, I would consider it carefully. The Year 5 teacher has stated she wanted to leave and may do so again and the Head is attempting to keep your girlfriend close as a back up. If she hasn't completed her Induction, perhaps she may be able to get a term towards it. Assess your options very carefully.

    Yes she has been treated badly, but she has also found it hard to get a permanent job.I really hope she has spoken to her union and assessed ALL her options carefully before as you state:

    Torey, agathamorse and JohnJCazorla like this.
  12. frangipani123

    frangipani123 Lead commenter

    Just to say that if she is not in a union, you could contact the Citizens Advice Bureau for help and look on their website for more information.
    agathamorse likes this.
  13. harrylloyd

    harrylloyd New commenter

    Yes, the union has agreed to help.

    We are currently waiting for a reply from the school before any further steps are taken.

    Thank you all for your replies. It has helped with her peace of mind greatly.
  14. Geoff Thomas

    Geoff Thomas Star commenter

    That's good to hear.

    Can you keep us updated, please.
  15. Torey

    Torey Occasional commenter

    I agree with @catbefriender about being careful. I think you need to consider the possibility of short term financial gain against the reality of needing a reference for future employment. The school could choose not to give one or write ‘X worked here for 1 month before taking us to court. We are therefore unable to comment further about her suitability as a teacher.’
    catbefriender likes this.
  16. FrankWolley

    FrankWolley Star commenter

    The reference you suggest might well get them into trouble in court, as it could be challenged as not fair.

    However why should she give the school as a referee? As far as I can see she hasn't actually been employed by them (she was to start in January...)
    agathamorse, JohnJCazorla and Piranha like this.

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