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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hello I have a question regarding a contract issue. I am a

Resolved Question:

Hello I have a question regarding a contract issue. I am a school teacher, I was working freelance for an agency , a job came up in November 2012 and I was placed in the school on a long term placement. Once I knew I would be staying at the school for the rest of the academic year I asked the headteacher to put me on contract with the school instead of the supply agency, she agreed in principal to do so but did not and I was kept on the agency payroll. The job was for a senior position in the school and I was told I would be kept on permanently and I would be given a contract from September 2013. I did not receive any paper work regarding this contract alt all even after the two month period from September 2013. After a hostile meeting with the headteacher over many issues the contract was discussed and she informed me that the contract is a one year fixed contract and not a permanent contract as verbally agreed. I have been told my legal rights are limited as I do not have two years service with the school and no written confirmation of the terms of the contract. Apart from a lodge a grievance is there any other avenue I can pursue.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. When did you first start working in the school?

Customer:

November 2012

Customer:

Hi are you still online?

taratill :

Other than being paid via the agency have you been treated as an employee of the school, i.e. subject to the same procedures and rules as the other staff. You should note that there may be some delays between responses as I am dealing with more than one query at once and am a working solicitor.

Customer:

ok

Customer:

yes I am in fact a senior manager in the school

taratill :

Ok so you had nothing in writing to state that the contract would be permanent? Is this a state school or a private school?

Customer:

Nothing in writing, it is a state school under the local authority

taratill :

have you raised the fact that this was originally offered as a permanent contract with the head? If so what was the response?

Customer:

Refused to aknowledge any verbal agreement

taratill :

Is your complaint here about the fact that the offer of a permanent contract has been withdrawn or are there other aspects to the complaint?

Customer:

the complaint is complex and the contract is part of the issue, I am in talks with my union over the issues which include unreasonable behaviour and bullying by the head teacher

taratill :

Is there any element of discrimination in the complaint?

Customer:

yes

taratill :

on what grounds?

Customer:

I have yet to confirm the grounds

taratill :

well legally discrimination occurs if you feel you are treated differently on the basis of your age, race, sex, religion, pregnancy or disability. Do you believe that any of these apply?

Customer:

Age may come into the complaint as I feel I have been undermined by the head teacher who favours my younger collegue who is a lot cheaper to employ in my role

taratill :

Ok thanks, XXXXX XXXXX to focus on this in any grievance you raise and state that you feel you are being discriminated against contrary to the Equality Act 2010. Unfortunately whilst you have an argument that contintuous employment should have started from the date that your employer first stated that they agreed in principal to put you on a contract with the school, you still need to have 2 years continuous service to have full employment rights (which you do not yet have). Regardless of that protection under the Equality Act starts from the day one so if the reason for the difference in treatment and the bullying is due to your age you are protected by the Equality Act. The same goes if you can establish an argument that the agreement that the contract would be permanent is down to your age.

taratill :

I would therefore focus on that in your grievance. You should ask the LEA for a copy of the appropriate grievance procedures.

taratill :

If you have any further questions about this please do ask.

Customer:

Can you explain what sort of outcome I could expect if I go down the route of equality

taratill :

Well hopefully in raising a grievance matters can be resolved amicably and you will be given the permanent contract. If not you can raise a complaint in the Employment Tribunal. If they agree that you have been discriminated against on the grounds of age then you will be awarded some compensation. If you have to leave your job this would be an amount to cover your loss of injuries. You may also get a small payment for 'injury to feelings', awards are not normally more than a couple of thousand pounds.

Customer:

I am currently on sick leave but that runs out today I am thinking of putting in my resignation to pursue further employment. Would I still be able to pursue a case at tribunal if I resign

taratill :

You will struggle if you do not raise a grievance first as a tribunal would expect you to try to resolve things internally first.

Customer:

I will be putting in a grievance next week with the support from my union but I have no intentions of going back to the school under the present headteacher

taratill :

Ok well that's up to you ultimately. All the best with the grievance.

taratill :

If you have any further questions please do ask. Please remember to rate my answer as it is an important part of the process.

Customer:

Just one further question regarding a grievance what are the usual outcomes

taratill :

well either your complaint is upheld or the employer may not uphold it. If it is upheld then normally you can expect action would be taken to make matters right for you, this might be an apology or disciplinary action against the person responsible.

Customer:

How can I progress from a grievance to an employment tribunal

taratill :

You can lodge a claim at www.employmenttribunals.gov.uk

Customer:

on what grounds could I use to justify making a case

taratill :

Age discrimination on the basis of what you have said, but as I have explained it is best to let the grievance run its course first.

taratill :

All the best with this. Please remember to rate my answer. Thank you.

Customer:

ok thanks for the advice Tara have a nice weekend

taratill :

You too!

taratill :

Is there anything further you would like to know?

Customer:

no I am trying to leave feedback and exit but I keep getting the load up page?

taratill :

Ok can you tell me what rating you were going to give as sometimes there is a technical error. It can be then sorted out by a moderator. Thanks

Customer:

good service thanks

taratill :

Thank you. Do come back to me in the future if you need to. Have a great weekend.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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