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Leaving at Easter but for a job outside of teaching

Discussion in 'Workplace dilemmas' started by rdigsworth, Jan 27, 2016.

  1. rdigsworth

    rdigsworth New commenter

    Hi all,

    I hope I'm posting this in the right place. I am leaving my current post, and have given my notice for 30th April as per the Burgundy Book. I know that if I get another teaching post then I would be released for the new school for the start of Summer Term, even though it's before 30th April due to the early Easter this year.

    However, should I get a job outside of teaching, are the school obligated to release me before the 30th to start it? In one phone call to my Union I was advised yes, and in another, a different person said no! The Burgundy Book just seems to say 'starting employment'.

    My head also seems a little unsure too and so I want to know exactly where I stand.

    Many thanks in advance
     
  2. CandysDog

    CandysDog Established commenter

    As you're not going to a teaching job, the 'gentleman's agreement' about leaving before the end of the notice period to start at a new school does not apply.

    Therefore, you are contracted up to and including 30th April.

    However, your school may be willing to negotiate an earlier leaving date (such as the last day of the Easter holiday). This is quite likely if you have been replaced. If not, your school will really need you and be quite within their rights to keep you.

    If you do manage to negotiate an early release, don't go for any earlier than the last day of the Easter holidays – you'd get paid for the holiday at any other time of the year, so don't give that up. You could even start your new job during the Easter holiday, while still being paid by your school (just as you could work during any other school holiday).

    All of the above assumes you are contracted via the STPCD, which most state teachers are (excepting a minority of academies).
     
    Last edited: Jan 27, 2016
    rdigsworth likes this.
  3. TheoGriff

    TheoGriff Star commenter

  4. rdigsworth

    rdigsworth New commenter

    Thank you very much indeed!
     
  5. TheoGriff

    TheoGriff Star commenter

    .

    Good luck with your new job, hope it goes REALLY well for you.

    .
     
  6. rdigsworth

    rdigsworth New commenter

    Thank you, very kind.
     
  7. Rott Weiler

    Rott Weiler Star commenter Forum guide

    .
    It could be more explicit but if you read the full paragraph it's clearer. Resignation is 30th April "unless resigning to take up an appointment with another employer" [para 2.1]. In context that would be meaningless if "another employer" meant any job at all. It's clear that "another employer" means another employer who is one on the employers who are signatories to the Burgundy Book' - ie LAs.
    .
    .
     
  8. Piranha

    Piranha Star commenter

    I am not sure of this. It may be the intention of the book to mean moving to another LA school rather than any other employer, but it does not actually say so, and surely what it says should have standing in law. And, this interpretation would mean that people going to an academy would have to stay until 30th April, even if the Academy uses Burgundy Book conditions. I don't recall anybody bringing up this problem, so perhaps it has never come to it.

    In practice, I can't imagine any school would want to keep a teacher who had given plenty of notice beyond the date they start paying for their replacement, so it should not be a problem. What is clear is that the school does not have to pay you beyond the end of the holiday if you are not willing to work until 30th April, contrary to what some posters have argues in other threads.

    One slight concern would be that the OP has given 30th April as their leaving date. If the school planned for this, it might be inconvenient for them to change departure date, so it is important to keep them in touch. Of course, you could ask to leave at the start of the Summer term now, and most schools would accept this.
     
  9. Katie777

    Katie777 New commenter

    If your head is amenable you could perhaps amend your notice to the last day of the holidays? That is the date I have agreed. Assuming your school have a replacement for you and you are not asking to be paid to the 30th they don't lose anything.
     

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