Employment Lawyers Can Answer Your Employment Law Questions
I have worked at the school since 2001 and have been on sick leave since March 21st 2014, due to stress at work, on Med 3 cert.
Thanks for your patience. Just to check – is your job unique, in a sense that if the employer advertises for it, does it mean it is more or less guaranteed they are looking to replace you, rather than to get someone else to do the job alongside you?
Yes to replace me, as there is not enough capacity in the school to afford another full time teacher. there is one head of dept. one full-time teacher and one part-time teachers of Science.It is a three form entry school. I was the other full-time teacher of Science.
ok thanks let me just get my response ready please
This could potentially amount to constructive dismissal, which occurs when the following two elements are present:
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). Trying to remove an employee behind their back, without having followed some sort of a fair procedure on removing them through performance or capability action, could amount to such a breach.
You have a few options in this situation:
Thank you, ***** ***** instruct my union to act for me. I have not agreed to leave the school and they have not informed me of a fair procedure to dismiss me, even on medical grounds.
a fair procedure must be followed, even if you cannot return to work - they cannot just go ahead with a dismissal and the fact they appear to have reached a decision before even talking to you or exploring any options will certainly work against them
Thank you for your advice, it is very much appreciated.
you are most welcome, all the best