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NQT help, being dismissed

Discussion in 'Workplace dilemmas' started by ragriffith1, Sep 12, 2011.

  1. no :( he said this to me on the phone when he offered me the job.

    contacted my union but I feel so sick and upset
     
  2. That's not good news. [​IMG] But your union rep still might get him to admit he'd said that; I mean let's start from the assumption that most people are honest.
    I'm sorry you are going through this. Try to put it in perspective: whatever happens, you still have your health; you have people who love you - this is, after all, only a job.

     
  3. baitranger

    baitranger New commenter

    Presumably you were not offered a job at the school in Kent before they received a reference from your previous employer.
    That reference will contain the information that you were a NQT and you are entitled to a copy of the reference under the Data Protection Act, if you make a subject access request to the Kent school.

    Also, you must have filled out an application form on which you stated your qualification status.

     
  4. I stated my status on my form as NQT not yet completed, as it asks for a completion date. I also put my leave date for my school.

    I am unsure whether or not they checked references before or after job offer, but I think my head was unclear in what she wrote. I have only now seen my reference and it says "******** has completed all NQT training"
    I had no idea she had wrote this, and this only got brought to my attention today by my current head.
     
  5. A school can offer a job to an "inclomplete" NQT without offering the option to continue/complete the NQT year, as far as I know, so the fact that the OP said on the appl. that she was still an NQT means nothing; also the new school might have presumed the OP will have finished that within a term.
    How on earth could this have happened![​IMG]
     
  6. I have no idea how that could have happened.As my current head mentioned my being an NQT on the phone when he offered me the job, i then thought he knew. He has had 5 months since offer of employment to gather any information or clear up anything he was unsure about, but he didnt do anything
     
  7. Regardless of your status as an NQT, what are the legalities of what the school have done? Did you not receive a letter through offering you the job? I was under the impression that a verbal offer could not be rescinded. I think the onus is on you to prove that the school/head were aware of your position as it seems as though they are going to claim misrepresentation on your part. I am so sorry to hear that you are in this position. I hope things are resolved quickly one way or another.
     
  8. im unsure whether or not they have acted correctly. I had a letter from them offering me employment and i wrote back accepting it. They are also saying that they will just pay me for september "out of the goodness of our own hearts"
     
  9. aw27

    aw27 New commenter

    Surely if you completed an application form clearly stating your status an an NQT then they will have that on file and it is their responsibility to explain why they didnt read this properly and take note of it.
    If your previous head misrepresented you on the reference, this is not your fault, your new employer should have paid attention to what YOU said about your situation, and clarified any discrepancy between the two accounts.
    Would this not then place the onus on them to be proving the reasons behind their actions now, not on you to prove you were honest about it?
    If its down on paper then you have not mislead them and they should not be able to withdraw their offer on <u>these</u> grounds (although they'll probably find something else...)
    It is an awful situation though, and you have my every sympathy. [​IMG]
     
  10. I am taking them to appeal on the grounds of wrongful dismissal. That is what my union have advised, so hopefully I will get paid up until christmas. I am really unsure who will employ me now, as I still have one term to complete.
    None of this situation is right, and you are all correct in saying they should have checked, because I have not lied and put down I was an NQT.
    I have also just found the original advert which states NQTs are welcome to apply.
     
  11. baitranger

    baitranger New commenter

    According to what you've said, the reference may be incorrect: the school would have been aware that further training was required for you to complete your NQT period.
    The writer of the reference owes both you and the recipient a duty of care and so although it may sound like a long shot, it would be worth at least discussing with an employment solicitor whether there is a potential claim for negligence.
     
  12. Crowbob

    Crowbob Established commenter

    Depends on the type of school and length of appointment. If it is for at least a term and is in a maintained school, they do have to offer induction.
     
  13. Gardening Leaves

    Gardening Leaves New commenter

    In Employment Law a contract does not have to be written down. The oral contract made between yiu and the Head is therefore binding. The onus is on the Head to check you out before offering you a contract. You have done nothing wrong. This is compex and needs an employment specialist on it. If you are dealingwith a local rep ask to be referredto an employment law specialist. This situation is beyond the scope of local, possibly even regional union reps. Legal firms usually offer a first free hour. Get expert opinion on your legal situation and it will assist you in getting your union to engage with you at the right level. Really, you need the union's lawyers on this one.
     
  14. Torey

    Torey Occasional commenter

    I'd have a look at the list of reasons to see if you qualify for unfair dismissal first of all, as you haven't worked there for a year on the directgov site. I'd think very hard about making a claim to a tribunal over this. Even if you can apply your compensation is likely to be limited to a months pay, which is what you have already been offered. On top of that Heads talk and news of you doing this would be around the LEA very quickly. I suspect that the reason the offer was withdrawn is nothing to do with your NQT status, but the result of an unofficial discussion with your past head as you say that there were issues there. Talk to an employment solicitor (you can usually get the first hour free) and see what they say. Hope that it works out for you.
     
  15. aw27

    aw27 New commenter

    I suspect this is probably the real reason too, sadly.
     
  16. ianj6

    ianj6 New commenter

    Me too
     
  17. Unfortunately this is very likely. Talk to your union and make sure that you are assertive with both schools - but do not make unnecessary ripples.
     
  18. Right, don't panic.



    So, the facts: your reference says you've finished your NQT, your application form says you haven't, you can't prove there was an offer of support to pass your NQT and you're job is about to be withdrawn.



    They are 100% using this as an excuse to get rid of you, because they will have spoken to your old head unofficially on the phone, who will have given you a right old slating off the record because of what happened. This happens a lot, and you probably don't deserve it.



    I blogged about that happening here: Teachers Given Poor Verbal Only References



    The outcomes could be: the job is withdrawn, the job is kept with no NQT support, or the job is kept with NQT support. Follow your union advice to the letter to get the answer to this, because I don't know what it is.



    Even if they keep your job on, they will always be looking of ways they can get rid of you, and will probably find one. Would you want to stay somewhere like that?
     
  19. TheoGriff

    TheoGriff Star commenter

    Do you have household insurance?
    Some policies have as an extra insurance to support you with disputes with an employer.
    Look and see if you have this.
    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.
    www.tes.co.uk/careerseminars
    I am timetabled for the October seminars - see you there!
     

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