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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I work as a supply teacher and recently applied for a post

Customer Question

I work as a supply teacher and recently applied for a post where I work. I didn't get the job but the HR Manager failed to call me so everybody else found out before me. I received a letter in the post 3 days later. I felt so humiliated and I was told at interview that I would be called by the HR Manager. I have been let down before when action was not forthcoming over students' comments on Facebook.

I don't want to return for the last half-term due to the stress that I now feel & the humiliation but I need the money. Please can you advise.
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Thank you for your question. I assume as a supply teacher you are on a fixed term contract? If so the I am afraid I cannot advise you not to return after half term. The failure to advice you in a proper way of the outcome of the application is very hurtful and reflects very badly on the school and the HR manager but I cannot advise that it amounts to a fundamental breach of contract . So if you simply fail to return you will be in breach of contract and that will have a negative effect on your future prospects and you could in theory be sued for breach of contract.

I recommend you file a formal grievance about the way the matter was handled and try and extract an apology. It is certainly not an acceptable way for them to behave
Customer: replied 3 years ago.

thank you for the response.


 


What about Data Protection in relation to confidential information being left laid around and that other people were notified before me?

Expert:  Senior Partner replied 3 years ago.
Thanks for the repines. Data protection is not really likely to apply here. That is about protecting data that is retained about you on the schools systems. It is possible that leaving confidential assessments around is a breach of Data protection and you could complain to the Information commissioner but to be honest I doubt if the ICO would be much concerned about something that is pretty incompetent but is an isolated incident ( unless the school constantly leaves confidential papers around). Telling people you have not been given a post before telling you is rude and appalling personnel management but it is not a breach of data protection.

You really must file a formal grievance and if it is not deal with properly then appeal to the next level.

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