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Resignation Clause Confusion

Discussion in 'Independent' started by glindner, Apr 27, 2018.

  1. glindner

    glindner New commenter

    Morning folks,

    My colleagues and I (at an independent school) have some confusion about when to give notice. Our opinion is that if we wished to start a new job on 1st September, the last day would be 30th April. However, according to SLT, it is the 23rd March (our last day of Spring Term).

    Contract extract below.

    Any comments or help would be great.

    "7. Termination

    7.1 Without prejudice to the right to summarily dismiss, your appointment may be terminated bu either party giving to the other not less than one full term's notice in writing.

    Notice under the clause must be given no later than the last teaching day of the term preceding the term when it is intended to take effect. Notice given under this clause will always be deemed to expire on the following dates:

    Spring term 30th April
    Summer term 31st August
    Autumn 31st December

    save that if you are taking up an appointment with another school at the start of a Summer or Autumn term, such notice shall be deemed to expire on the day immediately preceding the day on which the new school opens for such term if this is earlier than 1st May or 1st September respectively.

    7.2 The College reserves the right to pay salary in lieu of notice. For the avoidance of doubt, salary for the purpose of this clause is as defined at clause 6 and does not include any pension contributions or benefits including accommodation. The College reserves the right to reclaim any salary paid in lieu of notice where it is subsequently found that you have committed a repudiatory breach of contract."
     
  2. drvs

    drvs Star commenter

    This means that if you intend to leave your post at the end of the school year (31st August) your notice of resignation must be handed in by the last teaching day of the preceding (Lent) term (23rd March as you mentioned). Thus you serve 1 full term after giving notice.

    Similarly if you want to leave on 31st December you must resign by the last teaching day of the Trinity term and if you want to leave on the 30th April you must resign by the last teaching day of the Michaelmas term.
     
    Last edited: Apr 27, 2018
  3. willcott

    willcott New commenter

    I agree with @drvs

    This is the key wording which supports the SLT's interpretation of the contract.
     
  4. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    This is when you need to have given your notice. Like most of us in indies, you are now contracted until December 31st, unless you can negotiate otherwise.
    This is when you can actually leave and the date to put in your letter for when your resignation will take effect.
     
    Lara mfl 05 and willcott like this.
  5. Wilden

    Wilden New commenter

    [The clause about when the notice expires is to ensure that you actually get paid for the holidays and I think is a standard clause in the model contracts send out by various legal firms, IAPS and the Bursars' Association. It seems reasonable. If anyone resigned now, few schools would be able to recruit anyone for September other than someone who had already given notice or was unemployed by the time they advertised, shortlisted, interviewed etc. That is why many schools need you to resign by the last day of the preceding term - I know ours does.
     
    Lara mfl 05 likes this.
  6. sparkleghirl

    sparkleghirl Star commenter

    It's a bonkers system.
    The reason noone can start in time for September is that they also have absurd notice periods to serve.

    If I resign on the last possible day of term2, it's already too late for any replacement to resign in time to start in September.
    This resignation deadline nonsense hasn't solved the problem, it's simply shifted it - if anything it's made it worse.
     
  7. Lara mfl 05

    Lara mfl 05 Star commenter

    I agree with others for most Indies a whole term's notice is often 'the norm'. Thus even longer resignation notice required.
     
  8. ViolaClef

    ViolaClef Lead commenter

  9. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    I vaguely asked the head that if I were to apply for a post starting in the following term, would he be able to accept my notice even though it would be approximately a week late. He said no and so I didn't follow through with any applications.

    If it is now, and you are hoping for September start in a new school, they won't be expecting you to be available, so will probably wait until January.

    All you can do is ask nicely and cross your fingers.
     
    ViolaClef, willcott and Lara mfl 05 like this.
  10. Lara mfl 05

    Lara mfl 05 Star commenter

    Sent you a PM. Sorry 'Conversation' as it's now called. :rolleyes:

    Edit For clarification sent to Violaclef whereas I suspect it is the opening poster who needs the advice? I can try to include them in the conversation.
     
    Last edited: May 3, 2018
  11. willcott

    willcott New commenter

    As above, all you can do is be honest about the situation and ask what the position would be were you to ask to leave at the end of this term. You never know.

    I had a situation once where I applied for a job around this time of year for a September start and the Head agreed that I could accept if offered as we were slightly over-staffed and my leaving would not have been too inconvenient...

    The school is however, of course, fully within its rights to say ‘no, the earliest you can leave now is January’ so don’t be surprised if this is the response!
     
  12. drvs

    drvs Star commenter

  13. Skeoch

    Skeoch Lead commenter

    We appointed an excellent teacher after their resignation deadline. The teacher's current HT would not agree to release from contract. We had to bridge the gap with supply, but it was worth the wait for a top quality teacher who was by far the best candidate (and turned out to be excellent once they had moved).
     

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