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Pension rights if in breach of contract

Discussion in 'Retirement' started by LuisLuis, Mar 14, 2020.

  1. LuisLuis

    LuisLuis New commenter

    I plan to retire a couple of years early at the end of the school year. I have already handed in my notice and opted out of the teacher pension scheme in order to prevent my pension reducing in value based on adjusted final salary.
    A couple of things have happened and I can’t face going to work any more. I am even considering breaching my contract and just stopping now. Does anyone know how / if breach of contract affects pension entitlement please. I hope things improve and I don’t have to take such drastic action as I want to maintain high standards of professionalism.
  2. Prim

    Prim Occasional commenter

    I would suggest that you need to take professional advice from your union. They will be best placed to defend you in your school environment, there are other options other than not turning up. Best of luck with this.
    jlishman2158 and Morninglover like this.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    What Prim says ^^

    It's such an important issue for you so professional advice is essential.

    FWIW I do not believe that breaching your contract makes any difference to your pension entitlement. They are unrelated. School still has to pay TPS contributions up to date your contract terminated. In the unlikely event they wanted to sue you for breaching contract that's what they'd have to do, not take it out of your pension.

    But don't take my word for it. I am not a lawyer or a pensions expert.
  4. lindenlea

    lindenlea Star commenter

    Do that then and keep turning up. Knowing that at least I was being professional was the only thing that kept me going over the last months at work. And it did actually help me in the end, but that's another story.
    border_walker likes this.
  5. Dorsetdreams

    Dorsetdreams Occasional commenter

    I think that you should see your Head and say exactly this (even if the 'couple of things' relate to the Head's actions). That's the professional thing to do. If he/she doesn't sort things out to your satisfaction, follow through and walk.

    There just might be some way the Head can delay your pension for six months. Can you cope with that? If so, the increased value (reduced AAB) will, in the end, work in your favour.
  6. Treacle3

    Treacle3 New commenter

    Also, bear in mind there is a possibility (probability even?) that schools will be closed soon, the way this coronavirus outbreak is expanding ... which would take the pressure off you I guess. Maybe, keep your head down and keep going for what may actually not be very long at all?
  7. PeterQuint

    PeterQuint Lead commenter

    Top point on the virus.

    We could be closed for Easter. That’s two weeks of for the Easter break, followed by a 12 week term, plus a 1 week half term break, plus a seven week summer holiday.

    That’s 22 weeks off. Full pay. Full pension contributions.
    jlishman2158 and Dorsetdreams like this.
  8. Brianthedog

    Brianthedog Occasional commenter

    As you've already opted out of the TP, whether you're working now or not will have no impact in your actual pension.
    I'm assuming that as you've resigned you'll be going at the end of the school year? If you want to continue in teaching, whether on supply or in another school, you will need a reference from your current Head. Walking out would impact in this reference.
    Once I knew I was leaving I found that my tolerance levels for all the **** going on increased immensely, as I no longer needed to toe the line to keep my job. I started doing less and less extra, only arriving at 8.30 and leaving by 4 where I was used to doing 7 - 6 prior to me resigning. And guess what, no one died, I still did my job well, no one challenged me for my reduced hours, children still got taught. A massive cloud of angst and fear was lifted off my shoulders.
    jlishman2158 and Prim like this.
  9. Brianthedog

    Brianthedog Occasional commenter

    Luis, what did you decide to do in the end?
  10. PeterQuint

    PeterQuint Lead commenter

    I hope he stuck it out for a few more days.
  11. harsh-but-fair

    harsh-but-fair Star commenter

    LuisLuis was last seen:
    Mar 14, 2020
    PeterQuint likes this.
  12. LuisLuis

    LuisLuis New commenter

    I was ill - probably corona, and going to work out of question for 3 weeks as I couldn’t stop coughing. Still not back at work as OH is shielding and HR advised me to work at home.
    I’m now looking at short return when lockdown ends and as suggested in comments above, the idea of remaining weeks at school now seems far less threatening.
  13. Dorsetdreams

    Dorsetdreams Occasional commenter

    Glad you're on the mend. Just guessing, but getting ill and better might put a new perspective on work troubles too.

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