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Where do I stand/advice needed

Discussion in 'Workplace dilemmas' started by thefutureisalreadyhere, Sep 8, 2018.

  1. thefutureisalreadyhere

    thefutureisalreadyhere New commenter

    Im sorry to hear that you are also suffering @Bedlam3.

    I spoke to my union this morning and they have given me some further information on where I stand. I felt incredibly compelled to resign - my resignation date in Christmas - and I could not bear the thought of this unsteadiness carrying on into spring term. Some may think I have made a knee jerk decision - however I feel it has been building for years and I have finally given in.

    I definitely need to take some time to consider the factors that have lead me to this point and what I want to do in the future to avoid this. At the moment I feel so profoundly sad and hopeless.

    I cannot imagine what life is like out of the classroom and the future is very unpredictable, however at the moment I am physically unable to do my job.
    agathamorse, pepper5 and Bedlam3 like this.
  2. hogglepop

    hogglepop New commenter

    Whilst it might be found that you have entered into a broad employment relationship e.g. you do work, you get paid for work - If you haven't been provided with a contract with explicit clauses and terms, then what terms would they expect you to be held to? The answer is none.

    They cant say you have breached your Notice period if they haven't specified one in a written, countersigned contract. Look up contract law: offer, acceptance, and consideration.

    To hold you to the terms, they would have to show that you actively accepted them i.e. by providing a signed contract. They cant, so you cant be bound. Saying 'these are general terms which are available on the web/code of policy' is insufficient.
  3. grumpydogwoman

    grumpydogwoman Star commenter

    The terms are those outlined by the STPCD.

    No written contract is required. You were offered a job and accepted. Terms and conditions for teachers have been enshrined in STPCD since time immemorial and are regularly updated.

    Contracts don't have to be written down. It can save a lot of misunderstandings if they are but it's not mandatory.

    You will be signed off by your doctor and, I presume, be in receipt of some sick pay. Statutory or otherwise. Be honest with the HT. Ask to be released forthwith. Say there's no prospect of recovery and you will be submitting your resignation at the earliest possible opportunity, They may as well bite the bullet and get on with replacing you ASAP. Mentally it would be liberating for you even if not necessarily the most businesslike option.

    But get union advice.
    Lara mfl 05 likes this.
  4. hogglepop

    hogglepop New commenter

    Thank you grumpydogwoman for referring me to the School Teachers Pay and Conditions Document. I have checked it, and cant find a clause which refers to Notice Periods which must be provided to a school by a departing teacher.

    Perhaps I have overlooked it. If so, would you mind letting me know which clause it is?
  5. thefutureisalreadyhere

    thefutureisalreadyhere New commenter

    Just an update . My school have been ever so kind and supportive. They have agreed on compassionate grounds to terminate my contract early.
  6. grumpydogwoman

    grumpydogwoman Star commenter

    Lara mfl 05 likes this.

    SEBREGIS Lead commenter

    Many of us have been where you are now, and will have great sympathy for your situation.

    I've just read your comment about leaving the profession and I think you've done the right thing. Your wellbeing and your family are the most important things here.

    All the best!
  8. thefutureisalreadyhere

    thefutureisalreadyhere New commenter

    @SEBREGIS thank you for the supportive comments. I feel as though I have had an epiphany. Like I have actually realised I am not obliged to do a job that is so stressful just because it’s what I’ve done for 6 years.
    Lara mfl 05 and agathamorse like this.
  9. hogglepop

    hogglepop New commenter

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