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I have been shortlisted for a University lectureship that starts well before the time I am legally allowed to walk away from my current job, which is on a teachers’ contract.
In order to get any such work at universities, breaking contract is a virtual necessity, as the two types of institutions do not work on the same sort of timelines. Consequently, I am prepared to walk and face whatever may come.
But what do you think a cash-strapped institution could actually do? Because I am in ‘senior management’, I am currently paid quite highly. Surely they would only be saving money by letting me walk...
worst case? sue you for breach of contract which would make you liable for the cost of the replacement they had to hire?
Well, if your prospective new employer is OK about signing up someone who's got a history of breaking employment contracts...
That - but probably not.
Are you on a term or half a term notice? Are you are talking about not returning in Sep? They might be able to get a replacement for Jan but realistically might be next Sep that they get a full time replacement. They won’t be best pleased. Are aspects of your current role easy to pick up by someone else in the current staff?
You have to assume that if this move does not work out that any reference you get from your current employer will be cool at best and might well explain your exit. But as you say leaving education for something else (even within education) is not easy contractwise.
FURTHER DETAILS:
I have no need of a reference from my current employer now or into the future.
The university where I have the interview knows my situation, and also knows that it is otherwise impossible for them to hire anyone directly who has ever been on a teachers contract.
The only thing that will need to be covered if I get the job will be 6 hours of classroom work per week.
Is there anyway you could do both for the overlapping period?
The only thing that will need to be covered if I get the job will be 6 hours of classroom work per week
What have they been paying you to do the rest of the week? Count pencils or some such smt initiative?
You don’t need anyone to tell you this but be a decent person by giving as much notice as you can and do what you can to assist handover to whoever has to step in to replace you.
Nothing bad is going to happen, the situation you are in is not of your making, it’s just how it is so don’t worry about it.
I have not heard of anyone being sued by a school in your situation for what that's worth.
I was once told that technically the 1/2 or 1 term notice period was effectively unenforceable, But you could be liable for any extra costs incurred.
The relevant section from the burgundy book.
WHAT IF THE DEADLINE FOR NOTICE IS MISSED?
Teachers who give in their notice after these deadlines will not have the automatic right to leave their posts until the end of the following term. Also, as noted earlier, ther is no right to leave at half term no matter how much notice is given of the teacher’s wish to do so.
Teachers who leave their posts without giving the required notice will be in breach of contract. Although contracts of employment cannot be enforced in that teachers cannot be prevented from leaving their jobs or working elsewhere, the teacher could be sued for any costs incurred by the school as a result of their breach of contract and, of course, the teacher’s conduct would be likely to affect any reference given by the school in future.
However, in cases where teachers have missed the deadline for notice or wish to leave other than at the end of term, the strict notice requirements can be waived by mutual agreement with the school.
* Adds SaxonRider to "The List"
Happened to me when my last school demanded a whole term so notice in May but technically not released until Jan.
I left.
But we had words, they could only come after additional costs, which are not advertising and interviewing costs. Given my postion on the payscale and the cost of supply they were effectively saving money.
Only issue in my mind was having pupils with imconsistent teaching but they gave the supply lower years and less able classes.
The only thing that will need to be covered if I get the job will be 6 hours of classroom work per week
What have they been paying you to do the rest of the week? Count pencils or some such smt initiative
Stare out of the window. They could get another member of management to do it morning and afternoon to cover. This would help out the teaching staff with less initiatives to get in the way of teaching. Inert tongue waving smiley here.
Edit: If your school is strapped for cash they might welcome your departure. Also Is your Head the type of person to stand in the way of someone looking for promotion/ exploring new opportunities?
Galatians 3:15
The only thing that will need to be covered if I get the job will be 6 hours of classroom work per week
Just wheel in the TV and stick some cartoons on
I’d have gone for James 3:1
What about the moral point? You have given your word when you signed the contract. Are you happy with breaking this?
I’d have gone for James 3:1
Like!
What about the moral point? You have given your word when you signed the contract. Are you happy with breaking this?
It's fine. It's someone else's kids education that will be affected.
I think the moral point is that giving the full notice means he wont be free to take up a new job till mid october and could well miss out. The needs of the OP's family outweigh the needs of other peoples kids imo.
You will have to leave sometime leaving some students to adjust to change. As AA says put you and yours first, your employer will put themselves first.
Are you at an Academy? If so I expect they'd be delighted to pay an NQT for the teaching aspect and give the CEO the rest of your salary. 😉
Fake your own death?
At the end of the day. You are an employee they are employers. You've worked for the wage and they've paid you but you don't owe them much more than that.
The "what about the kids" arguement is a non argument. Illness regularly wipes out staff for a term and everyone copes.
Austin 3:16 ?
(teacher and ex-NASUWT rep)
Legally, even a teacher's notice period is their pay period. The 1/2 term or a term thing is pure convention/goodwill and not really enforcible unless you're in an academy/MAT that has actually bothered to amend the contract to something different. You only need to give a month's notice. How you feel about that and the potential impact on students and (ex-) colleagues is another matter...
Organisations are ruthless and amoral when it suits them, so you don't owe them the same consideration as if you were working for an individual.
If you dropped dead tomorrow, there would be a whip round for a wreath, and next week it would be "who?".