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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work as a teacher. Ive just got a new job. Ive been drop

Resolved Question:

I work as a teacher. I've just got a new job. I've been drop observed about 3 times, but when I asked the observer for feedback she said it was fine, but that she didn't have time to talk to me because she had to go home. 1 month later I was asked to go to a meeting which was about student intervention. At the meeting I was informed that I was going to loose my job because I was inadequate. The teacher who had observed me had filed a report saying I was consistently inadequate. This was the first time the word 'inadequate' had been used. Previously, the word that was used was fine. There also had been no advice on how to improve. In addition to this the school was asked to complete a winter data drop for y8's. I completed my data, and have evidence that it was on the system. The RAP document (Raising Attainment and Progress), does not show my data. It shows that completely different data which suggests my students have made no progress. I showed the KS3 co-ordinator samples of work; he has corrobroated that the students have made the progress that I reported. The KS3 co-ordinator confirmed that it was only my data that wasn't showing up. The school have said that they are putting me in capability because there is no progress in my lessons, and my lessons are inadequate, but there is progress in my lessons, and they didn't say the lessons were inadequate, they said the lessons were fine, and didn't give me formal feedback in order for me to improve. They left me in the dark. Could you give me any advice.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

Since September 2014

Ben Jones :

2013?

Customer:

Sorry 2013

Ben Jones :

ok thanks please leave it with me, I will respond on here this evening, I am just travelling so no permanent signal right now

Customer:

Ok I am going to bed, so I will look at your answer in the morning.

Ben Jones :

sure no problem, it will be on here, good night

Ben Jones :

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

Customer:

I had four months off from my previous job.

Customer:

What are continuity of rights?

Ben Jones :

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?

Customer:

Yes

Ben Jones :

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.


 

Customer:

Ok thanks for your time.

Ben Jones :

You are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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