How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50160
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

. I am referring to Annual Teacher Appraisal Statements

This answer was rated:

Hello. I am referring to Annual Teacher Appraisal Statements that became statutory in September 2012 for all teachers.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please respond in the original thread which you opened in relation to this, thanks

JACUSTOMER-gloo8x1v- :

Hello. I am referring to Annual Teaching Appraisal that became statutory in 2012 not being followed by my employer.

Ben Jones :

Hello, sorry about the light delay – it appears you had two separate questions opened (you opened a new question to post a reply) and the system sometimes gets confused about that and removes what may appear to be a duplicate, so it took me a while to get it back on my list.

Your situation could potentially amount to constructive dismissal, which occurs when the following two elements are present:

  • Serious breach of contract by the employer; and

  • An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.

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). In this case the employer has failed to follow what would have been a statutory requirement on their part and their conduct in general could be interpreted as falling within the ‘catch-all’ situation of breach of trust.

The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.

If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.

An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.

Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

JACUSTOMER-gloo8x1v- :

Thank you for your reply. I have gone ahead with a Formal Grievance and am going to Appeal. I would appreciate a direct answer to : Does the Head have to follow Statutory Appraisal legislation? Yes or no?Also, is the onus on me to instigate a settlement or should I wait for my employer to do so? Thank you.

Ben Jones :

Yes, the school would be required to follow the new statutory procedure which was introduced a couple of years ago. As t the settlement agreement either party can suggest it first - you may approach the employer yourself, they may have no intention of offering anything so you could be waiting indefinitely, but at least you can get the ball rolling if it is the way you wanted to go down

Ben Jones :

Hope this clarifies things a bit more for you?

JACUSTOMER-gloo8x1v- :

Thanks very much. I appreciate your comments.

Ben Jones :

you are most welcome

JACUSTOMER-gloo8x1v- :

One final comment/question, if they have been forced to admit that they have not followed Statutory Legislation, does it strengthen my case? It is hard when they pretend they have done nothing wrong!

Ben Jones :

whether hey admit it or you can show they have failed to follow it, the result should be the same and it would have the same effect - but it just makes it easier t show what was done wrong if there is an admission on their part

Ben Jones :

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you