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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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I am a teacher and have handed my notice in to leave at half

Resolved Question:

I am a teacher and have handed my notice in to leave at half term. My Head Teacher has told me that my contact o0f engagement means that I am not able to leave until Christmas. However, I have asked several times for last year's contract and have only just received it.
It has been re-dated for 3rd September this year and is, as yet unsigned. I have been asked to sign it and send it back.
Although I asked why it has been re-dated, I was given no explanation. Am I still legally held by this contract.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
How long have you worked for the school for?
Customer: replied 2 years ago.

I have worked for them since September 2014

Expert:  taratill replied 2 years ago.
What does your contract say about notice periods, if there is a dispute over this contract can you confirm what the original one says?
Customer: replied 2 years ago.

the school shall employ the employee and the employee shall serve the school on the terms of this agreement. The appointment shall be deemed to have commenced on the commencement date and shall continue, subject to the remaining terms of this agreement, until terminated by either party giving the other no less than two months notice, and in t5he Summer term three months, terminating at the end of the term.

The employees employment with the school is subject to and in accordance with The Education acts and any regulations made thereunder, the school teacher's Pay and conditions act 1991 and any order made thereunder, or any enactment which may replace it.

Policies or procedures relating to employment which the school may have adopted.

the conditions of service for school teachers in England and Wales.

Employment rigfhts act1996 and associated emp[loyment legislation.

articles of Government.

This is a permanent appointment.

Expert:  taratill replied 2 years ago.
Thanks it is clear from the contract then that the 2 months notice should be given to end at the end of term rather than the end of a half term. This means that, unless the employer agrees otherwise, there is a breach of contract if you leave at half term.
The fact that there has been an issue over the date of the contract is a red herring.
If you are going to another teaching post most schools are aware that it is a contractual requirement to see the term out so you could ask them to hold the position.
If they are not prepared to do that and you decide to leave you will be in breach of contract. Your employer can technically then sue you for damages in breach. This might include any additional cost to them, over an above your salary, for engaging a supply teacher if they are unable to fill your post in time.
If you have any further questions about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
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