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Legal questions about contracts

Discussion in 'Pay and conditions' started by cduncan4, May 10, 2020.

  1. cduncan4

    cduncan4 New commenter

    Hi,
    I was wondering what the legal position is on maternity contracts spanning 2 academic years.

    For example if a cover teacher was taken on in march on a contract until July to cover maternity leave but the maternity leave needed to continue until the following march, does that maternity leave need to legally by offered to the same person who started it?
    Or can that contract end and it be offered to a new person from the start of the new academic year ?

    Also on a separate subject, if a person has been at a school for 3 years ( on supply pay and temporary contracts )
    do they have any extra rights ?
     
  2. DaisysLot

    DaisysLot Senior commenter

    For example if a cover teacher was taken on in march on a contract until July to cover maternity leave but the maternity leave needed to continue until the following march, does that maternity leave need to legally by offered to the same person who started it?

    This very much depends on the nature of the contract/ basis on which you were employed. If your contract states 'maternity leave' then it is far ti presume you would be continuing until the post holder returned.

    Or can that contract end and it be offered to a new person from the start of the new academic year ?

    Again it depends on the terms of the original contract. It is not unheard of to have a school advertise/ seek a new arrangement for a new academic year, and indeed may well be more common a scenario this coming September as schools jiggle and make adjustments.

    Also on a separate subject, if a person has been at aschool for 3 years ( on supply pay and temporary contracts )
    do they have any extra rights ?


    Assuming you are directly employed and not through agency or other means...
    I am guessing you mean pertaining to a change to permanent contract? After 4 years the employee is automatically eligible for permanence unless there is valid business reason not to.
     
  3. Piranha

    Piranha Star commenter

    The ending of a fixed term contract does, legally count as a dismissal, even if it goes to the due date. However, you cannot claim unfair dismissal or redundancy until you have been there for at least two years, unless there is illegal discrimination going on. So I doubt if you can insist on getting the job if it continues. See https://www.gov.uk/fixed-term-contracts/renewing-or-ending-a-fixedterm-contract . I don't think that the contract specifying "maternity leave" makes any difference if there is also an end date on it. That would take precedence.

    Therefore, I can't see any point in trying to insist on your rights. However, that doesn't stop you showing interest in the job, and they would not have to advertise it unless that is a rule for the school concerned. If you were really lucky, you might be able to talk them into changing the end date on your contract and thus getting you holiday pay. Good luck.
     

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