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unqualified teacher

Discussion in 'Workplace dilemmas' started by dazzlingdiamonddust, Apr 14, 2012.

  1. Trying to find out for a friend - if a UQT has been completing a degree with a view to qualifying and has had issues with management and been told their job is going to be advertised for a QTS will they be able to revert to a TA position? Will they get redundancy?
    Sorry to be so vague but I don't want to land anyone in more bother
    Thanks
     
  2. Uuuum, how long is a piece of string.....
     
  3. Gardening Leaves

    Gardening Leaves New commenter

    It will depend how long your friend has worked there and her contract of employment. More information will need to be provided before a more detailed response can be given.
     
  4. frustum

    frustum Lead commenter

    I think that unqualified teachers are supposed to be employed in teaching posts only if there is no suitable qualified teacher available, and that, because they're only being employed while that's the case, they're supposed to be employed on fixed-term contracts. (Was the case in 2008, might have changed.)
    I too think that she will need to look at the contract issued when she stepped up from TA to unqualified teacher, and talk to her union. If it wasn't made clear that the contract was temporary then they can probably challenge the school if they try to get rid of her altogether.
     
  5. Gardening Leaves

    Gardening Leaves New commenter

    Quite so frustrum. Too many known unknowns!
     
  6. thanks for the replies so far - the friend has been employed at the same school for over 10 years. First on a TA contract and then a UQT one. The authority stopped giving annual UQT contracts a couple of years ago so not sure if that means it is permanent now? the understanding was complete degree and go onto GTP but nothing in writing. just wondered if they can revert to TA position as aware that head can advertise for a QTS but this is happening for another reason (which I cannot go into other than the UQT has done nothing wrong)
    thanks for any further help based on this info (and yes union has been informed)
     
  7. Gardening Leaves

    Gardening Leaves New commenter

    Thanks for the extra information. Ok... the best answer I can give is: "It depends..." Your friend needs to get someone legally qualified or trained to look at the fine detail of her contract. If she belongs to a union, they should do this for her. Otherwise, the CAB has advisers trained in Employment Law who can look at precisely this kind of issue or she may find she is covered for legal support with employment issues through her home insurance.
    The 'It depends' relates to a number of things:
    • If your friend had a different contract of employment for being a TA which then changed when she became a UQT, she may not have fulfilled the qualifying period for claiming unfair dismissal (one year), in which case the employer can do what it likes in terms of getting rid of her for a QTS;
    • if the contract has changed (i.e. the UQT one is a new contract) she will have no automatic right to 'go back' to being a TA.
    Whether or not her contract is a permanent one and the UQT bit part of the original, rather than a new one, will all affect her rights. If her UQT contract is a new one and temporary or she has not worked on that contract for over one year, she will not be entitled to be deemd redundant.
    It is a bit complicated - which is why is is very important that she takes her contract (s) and any other agreements for a second opinion from someone suitably qualified or trained to give advice. There is, for example, Tribunal case law that can be argued that someone is deemed to have met the qualifying criteria by virtue of the fact that they have workes there a long time and the job description hassn't changed much. That's why she needs someone who knows their onions!
     
  8. phatsals

    phatsals Occasional commenter

    It looks like a redundancy situation to me. This is because the UQT post will no longer be there and through possible restructuring the post will have to be for QTS.
    Regardless of the change of post there has been continuous employment for 10 years which would therefore attract a redundancy payment. There is little difference between Fixed Term and Permanent contracts after 2 years. Fair Dismissal would have to be seen to have taken place.
    As far as changing Job Descriptions are concerned, regrettably it happens all the time. Staff restructuring happens and posts disappear. It does not mean there is an automatic right to a different post although there is an right to apply.
    It may be that the substantive post is as TA and it was only temporarily 'varied' meaning the substantive TA post remains and could be reverted back to. Working towards a degree and aiming for QTS would have no real bearing on this.
     
  9. I have sent a PM you
     
  10. Thank you for all your responses - I will push for my friend to get some help from an employment lawyer with the union or someone else well versed as I think there might be some odd things going on!
     

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