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Leaving at Easter - school threatening not to pay me!

Discussion in 'Pay and conditions' started by hannahincanada, Feb 23, 2012.

  1. Hi,
    I tendered my resignation for 30th April but will not be returning after Easter. I do not have another job to go to.
    My (church aided primary) school are getting funny about paying me for 2 weeks that I won't be there, and are talking about making my resignation date 15th April or making me take 15 days unpaid leave. HR have given the bursar the impression that it's at the discretion of the Chair of Governors! That can't be true can it? I thought the Burgundy Book gave concrete guidance?
    Waiting for union to get back to me but any advice welcome in the meantime.
    Thanks.
     
  2. Burgundy Book is quite clear.
    Resignation dates are fixed in stone. In your case it will be 30th April. If your school think otherwise I have no doubt your union rep or even the LA payroll dept would put them straight.
     
  3. becky70

    becky70 New commenter

    If you stick to your resignation date of 30th April, they can ask you to return after Easter and work up until the 30th April. If this is unacceptable to you then I suspect you will have to put the last day of the Easter holidays as your resignation date which is what I did when I found myself in this situation.
     
  4. Georgia99

    Georgia99 New commenter

    The school can make you work up until 30 April if you don't have another school job to start after the Easter holiday. They have no obligation to allow you to leave after the Easter holidays and in doing so without their agreement, they can actually take action against you for breach of contract.
    In reality they probably won't and I would have thought they would have a replacement secured who would want to start after the Easter holidays. In any case, you would not get paid until the last day of April, the best you can hope for is to be paid until the end of the holidays.
     
  5. Having trawled the internet I think I would be extremely lucky to get paid for the first two weeks of the Summer term (although that's what my union rep advised me when I was talking about resignation, annoyingly.)
    Does anyone know if it messes up pension contributions/length of service etc if my last day is 15th April instead of 30th April?
     
  6. mrkeys

    mrkeys Occasional commenter

    The information you have given states your resignation will be effective from 30 April in line with TP&C.
    However if you have no school to go to after 15 April you do have to work until 30 April. Your current school cannot force you to leave on 15 and stop your pay from that date.
    You do have to return!

     
  7. becky70

    becky70 New commenter

    Your length of service will be reduced by the 15 days you aren't there, as will your pensionb contributions. These amounts should be relatively small. You said you don't have another post to go to so the 15 days are a drop in the ocean compared to the four months (at least) you will be losing by not having a post from 30th April onwards.
     
  8. Ah well. It's lose salary or lose sanity, I'm afraid Becky. Thanks for all the advice folks.
     
  9. DaisysLot

    DaisysLot Senior commenter

    Is it not worth just rocking into work for those last two weeks of April after the easter break? Your school do have the right to ask you to work your notice period and obviously easter moves so the post holiday implications of this one often varies depending on when the break occurs. I would go in for those last two weeks... and grin through them at the delight of knowing you will be leaving very, very shortly....
     
  10. becky70

    becky70 New commenter

    Good luck anyway, Hannah. I have been there and it's hard but sure things will only get better from now on.
     
  11. TheoGriff

    TheoGriff Star commenter

    Yes, you work - and get paid - until 30 April.
    [​IMG]
    And if they have appointed a replacement from the beginning of term, you will not have an enormous amount to do.
    Best wishes
    _______________________________________
    TheoGriff. Member of the TES Careers Advice Service.
    I do Application and Interview one-to-ones, and also contribute to the Job Application Seminars. We look at application letters, executive summaries and interviews, with practical exercises that people really appreciate.
    I shall be doing the Win That Teaching Job seminar at 2pm on Saturday February 25th, and also the Moving into Headship or SLT seminar on Saturday 17th March.
    www.tesweekendworkshop87.eventbrite.com
    www.tesweekendworkshop90.eventbrite.com
     
  12. am also leaving after Easter and the document i read said that teachers on permanent contracts should be paid until the end of the month in which they leave except those starting a new job after Easter, in which case the old school is only expected to pay to the date before they start at a new school. i hope this helps. my resignation date will be 15th of April as i begin a new job on the 16th.
     
  13. Nwachi: spoke to union last night who confirmed what you say. Chair of governors did not believe me and said I had the weekend to decide whether to resign on 15th April or take 15 days unpaid leave! Have asked union to intervene.

    Bursar now says it is at chair of governor's discretion. It will be a real kick in the teeth if they cut me two week's salary, especially given that if my useless SMT had given me any support with the 31 hellions I have had this year I could have stuck it out until July...

    Seems so unfair they're quibbling when some people take much more than that in sick leave and others have had two or three maternity leaves.
     
  14. Latest update from Union is that while "we" have the moral high ground, they have the technicalities on their side.

    So.. New dilemma... Blistering indignant letter to governors or not?

    Way to leave with a sour taste in my mouth.

    This is meant to be a C of E caring sharing school... It is but a thin veneer let me tell you.
     
  15. jubilee

    jubilee Star commenter

    I think you are misunderstanding the situation.
    If you want to have 30th April as your resignation date, you have to accept that you are still an employee until that date. That means returning to work on the 16th April after the Easter break.
    If you were moving to another teaching post, the schools LA would follow general practice and have the changeover after the holiday, with one school paying you until the 15th April and the other paying you from the 16th.
    With no job to go to, your choices are to work your notice or to accept cessation of pay as of the 15th April.
    You can't expect an extra two weeks of paid holiday!
     
  16. anon8315

    anon8315 Established commenter

    I am really worried now.
    I am leaving at Easter but I do have another job to go to. I checked with my union rep about resignation dates and she said that it would be from March 31. Was this incorrect advice?
    I'd greatly appreciate someone putting my mind at rest because I definitely can't afford to go without pay for a month [​IMG]
     
  17. Georgia99

    Georgia99 New commenter

    I absolutely agree, they are misunderstanding the situation despite already being told the facts several times in this thread already.
    If you hand in your notice before 28 February, you can leave 30 April. The only time you can be released at the end of the Easter holidays is if you have another teaching job to go to that starts after Easter. In this case you are paid until the end of Easter and the new school pays you for the remainder of April.
    If you do not have another teaching job to go to then you are contractually obliged to work until 30 April and will be paid until then. The school can at their discretion, allow you to leave during the Easter holidays but they have every right to pay you until the last day of the Easter holidays only.
    Why on earth should they pay you for the remaining two weeks of April after the Easter holidays when you haven't worked them? The last day of March is the last day before Easter. I cannot see how you can think that the school should pay you for the whole month of April when you won't have worked a single day in that month. You are lucky that they agreeing to pay you for the Easter holidays seeings as you are in breach of contract.
    I don't blame the school for fighting this. If I was a governor or the head I would do exactly the same. You are being completely unreasonable.
     
  18. anon8315

    anon8315 Established commenter

    Sorry; I have answered my own question. My new job officially starts on April 1 even though I will not actually start until two weeks later.
    Phew!
     
  19. Georgia99

    Georgia99 New commenter

    You need to check with your new school if they are paying you for the whole month of April. If they are then you have nothing to worry about. If the new school are paying you from mid April then you need to ensure your current school pay you until the end of the Easter holidays, which you are entitled to. You won't go without a month's pay so don't worry, just make sure you clarify it with the new school.
     
  20. anon8315

    anon8315 Established commenter

    They won't, though, because I said in my letter that I was resigning effective from March 31 so it is there in black and white.
    My letter from my new school does say very explicitly that my contract commences on April 1 so I assume from that the union were right as I couldn't be employed by two places at once (or could I? Two pay cheques - like the sound of that!) [​IMG]
     

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