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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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After 9 years and a term teaching languages at a primary school

Resolved Question:

After 9 years and a term teaching languages at a primary school (as a trained and qualified languages teacher), my job will disappear as of September because the classroom teachers will be delivering the languages themselves. I have been employed on a permanent "as and when" basis and I am on the school's payroll. I have never, however, signed a contract with the school. Would I be entitled to any form of redunancy payment?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Were you an employee or self employed?

Customer:

An employee

Ben Jones :

I presume your employment has been continuous, as in you were always on their books and did not have any gaps in employment?

Customer:

Correct although I was seriously ill in 2010 and absent in the summer term following a craniotomy. I returned to the school in the September. I did not receive sickness pay/benefit during my term's absence. I have been paid on an hourly basis without sickness/holiday pay.

Ben Jones :

It is highly likely that your service would have been continuous and as an employee you would be entitled to certain redundancy benefits if your job disappears and your employer has to make you redundant. Whether you are entitled to redundancy would depend on whether you are an employee and if you have more than 2 years' continuous service at the time of redundancy. These are the only conditions that would qualify you for a redundancy payment and in the circumstances it appears clear that you continued being employed by them continuously, even if on a casual basis, for a number of years and would have sufficient service to be eligible for a redundancy payment.

Customer:

Thanks very much, Ben. So the next step should be to contact the school and put forward my case?

Ben Jones :

Have they actually begun the redundancy process?

Customer:

Well yes, not so much as a process but being told that I wasn't needed next September. I have actually taught my last lessons at the school. It did not occur to me that I may be entitled to any sort of redundancy. I have actually left on very good terms with the headteacher so raising this issue could be very awkward.

Ben Jones :

I understand but you need to look after your rights at the same time. The redundancy payment would only really arise once your employment has actually been terminated and the employer has confirmed your formal end date. Also it would only arise if the reason for your dismissal was redundancy - there are a few other reasons they could use such as misconduct, capability, some other substantial reason, but if this is a case of your job no longer existing and the employer requiring less people doing that specific job then it does look like redundancy

Customer:

The job has definitely disappeared and I am not being replaced with anyone. The school is on a tight budget. The head has said that she would give me a glowing reference which, depending on the size of the redundancy payment, may be worth more..How are redundancy payments in teaching worked out?

Ben Jones :

you are entitled to the minimum in law:

https://www.gov.uk/calculate-your-redundancy-pay

Then the employer could offer an enhanced payment on top of that but that depends on employer policies and that obviously is something you need to check with them

Customer:

Ok thanks. I need to bite the bullet and confront!

Ben Jones :

nothing to lose!

Customer:

Thanks very much, Ben

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46195
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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