Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Since September 2014
ok thanks please leave it with me, I will respond on here this evening, I am just travelling so no permanent signal right now
Ok I am going to bed, so I will look at your answer in the morning.
sure no problem, it will be on here, good night
Hello again, thanks for your patience. Sorry to have ti ask one more question but it is important in relation to your rights – you said you started there in Sep 2013 but was this continuous service from another school where your continuity of service was preserved or was it a totally new job after you had a formal break in service from your previous job? Thanks
I had four months off from my previous job.
What are continuity of rights?
when you say you had 4 months off, do you mean you officially left that job by giving notice etc, had a 4 month break, then started the current job?
ok that will affect your rights but in a negative way unfortunately. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So regardless of what the observer had said, whether you were actually inadequate or not, even if you were the start teacher of the school, they can still legally dismiss you without you being able to challenge it. It does not stop you approaching the employer over this and trying to discuss it with them but if they have made up their mind then there is little that can be done unfortunately, not unless you can show discrimination as mentioned above.
Ok thanks for your time.
You are welcome