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Sliding Scale Contract

Discussion in 'Workplace dilemmas' started by FiLoster, Jul 15, 2015.

  1. Hi everyone, just after some advice from the knowledgeable folks on here.

    My Mum has been in teaching for 30+ years and is consequently both a successful and expensive teacher. She has been doing a phased retirement which started in September 2014 on a 1 year 2 1/2 day a week contract.

    Today she's been told her contact in September will be a sliding scale where she will be doing 2 days a week until May/June when her exam groups leave then they'll put her down to 1 day and will only pay her as such.

    I can't believe that this is possible or legal. Surely if they do this with her, they can do it for any teacher and we will all lose pay when they stop paying us for gained time.

    I've told her to get on to the NUT first thing tomorrow morning but I just wondered if anybody has any other advice for her. I do wonder also whether she could file for constructive dismissal if they give her no option but to sign this new contract.

    Help would be much appreciated! Thank you in anticipation!
     
  2. Why did she initially sign a one year contract?
     
  3. Probably because that's all they offered her. I don't think she would have questioned it.
     
  4. I am absolutely no expert but when he initial contract comes to an end I don't think they even have to offer her another one. It may come down to how this phased retirement was agreed and structured?
     
  5. GLsghost

    GLsghost Star commenter

    Can't answer at length now, but it seems your mum accepted a variation to her contract last September in which it changed to one year at 2 1/2 days. It seems to me that, at the end of the year, the school is free to offer her whatever it likes - or not. Your mumwill be deemed to have accepted te change by her conduct - going along with it for a year.

    Constructive dismissal may be applicable if an employer has repudiaed the contract of employment - essentially ripped it up (metaphorically) making it impossible for the employee to continue. In such circumstances you would expect an employee to resign immediately claiming she could bot continue. This does not seem to be the case here.

    The advice to contact the union immediately is always good advice. I am not sure, Unfortunately, how much they are going to be able to do.

    I fear this is going to be one of those situations where hindsight is a wonderful thing. Anyone considering accepting a variation to their contract should seek appropriate advice before they do so.
     
  6. tall tales

    tall tales New commenter

    How lovely that you're battling for your mum. I had hoped that GL would give you some hope, but I guess the door was opened with the change of contact. This is a sign of the times and something teachers near retirement need to bear in mind. So sad for your mum to be treated so shabbily after decades of service. I'm sure her pupils value her. Best wishes
     

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