Employer not renewing a Fixed Term Contract but I am on a Permanent Contract so advice appreciated.

[sangie5952]

Unfortunately, people do make mistakes and so even if your contact isn't fixed term, there is nothing in law to prevent them from correcting a mistake. But with less than two years service, the employer can dismiss for almost any reason they wish, and they don't need a reason either. So there isn't really any mileage there.

 

However, have you tried a conversation, with them, the Head or HR? Just to explain that you are confused because you don't think you are on a fixed term contract and they are advertising anyway so why are they saying they have enough staff? It is entirely possible that a mistake had been made in the records somewhere - either by HR or the school - and you just need to know what that is because you've enjoyed your job and you'd like to apply for one of the vacancies if they aren't going too keep you on anyway. Having a conversation is always a good place to start. You may be entirely wrong about the nefarious dealings, and it's all a mistake from which you are inferring things that aren't the case - either way, it seems they haven't communicated well with each other anyway, so a mistake is entirely within reason. And you have nothing to lose.

[sangie5952]

Thanks for the reply. As I stated above the contract has no end date on it so that along with HR's comments suggest it is permanent. I understand that with so little service my rights are limited but if it's a permanent contract I am on do they therefore need another reason to terminate the contract as they can't say it's down to the contract coming to an end if there is no end date specified can they?

 

 

Re reapplying that's something I will have to weigh up as it's the same people who do the interviews!!!

 

It should contain an end date. But as Emmzzi says, it's irrelevant at this point in time. If they wish to terminate they can do so. They don't have to give you any reason, so it doesn't matter what the reason is - that is also a red herring. You need to talk to them. If you like the job, then have that conversation. You are saying that the assistant head didn't like you from day one and it's a plan to get rid of you. That's maybe so. But it's a guess and guesses can be wrong. And there's are others that you can speak to. You don't have to make it a battle with sides. Just explain you are confused by all this, you have loved working there, and you just need to understand.

[sangie5952]

No, they aren't required to give you time off for interviews. Some public sector employers have policy that permits this, but it's up to each employer to decide for themselves. You'd need to ask what their policy is, but my experience of schools is that they rarely do. That said, they may also interview outside school hours to manage that problem. There's a lot of recruitment happens in half terms and the first week of the summer holidays.

[sangie5952]

Payroll don't decide anything. Managers tell them what to pay, and payroll process it. But I'd get any such agreement in writing. Otherwise it isn't worth anything.

 

I'd also be cautious about believing too much of what a line manager says. They can afford in this situation to be your friend - they can't go against the assistant head. But that doesn't mean they want to. I'd be surprised in the extreme if they didn't know about this all along, and weren't part of the decision.

 

I would also advise going at the end of the fixed term contract.

 

I would advise being a member of a union next time. Unions can prevent employers lawfully sacking people, but they can give them pause for thought, and they provide you with advice and support, including representation.

[sangie5952]

Well none of those four apply so unless it will include the fabrications that she came up with hopefully it will be ok.

 

Those were examples, not an exhaustive list. Which is why the manner of your exit could be critical. "Max1968 was on a fixed term contract which we chose not to renew due to concerns about their performance expressed by several members of staff." That's true. I know it is because it's all contained in your posts! There's often a question asked too - "Would you employ this person again?" The answer might be no. That would also be the truth. Your truth isn't their truth, or you wouldn't be posting here. That's why you are being advised not to upset any apple carts. Especially since references between schools are obligatory, unlike in most other professions.

 

Whatever the reason, your face didn't fit here. It happens, unfortunately. So take it with the best grace you can and move on.

[sangie5952]

May I kindly ask that if I had been in the Union what (if anything) they would have been able to do in this situation? Thanks.

 

It's far less likely that an employer in this situation would give a bad reference - because a union can take legal action on references which you are unlikely to be able to afford. But otherwise, other than moral support and pressure, vey little because the employer is acting legally. But sometimes that's all it takes - some employers would rather not cross a union.

[sangie5952]

Yep of course I understand that but at the same time if they weren't being untruthful I wouldn't be posting here. I'm trying to see a way to salvage a career as a TA and make sure that one untruthful reference can't destroy the positive references of the past.

 

I realise. That's why I'm telling you this. Leaving gracefully is less likely to raise bad blood. Bad references sometimes happen because employees are bad. But they also happen because an employer is p'd off with someone. If there was a win for you here, it might be worth being pushy or difficult. But there isn't, so you need to go out with a smile, even if it's only skin deep. Possibly considering it a lucky escape? It might not feel that way right now, but it undoubtedly will sometime later...

[sangie5952]

I'd be very cautious of any employer who wants you to start immediately - every employer knows that people have notice periods, and one month is not an unreasonable notice period, especially given the fact that you work in a school. Put it this way, if someone expects that you'll drop all your responsibilities and break your contracted word to your current employer just to come and work for them, how reliable do you think THEIR word is?

 

Applications are easy - I see lots of them. What lets people down is one very simple issue. Every job will have a job description / person specification / list of things that the job involves or needs. It doesn't matter what the employer calls it- all it is is a list of things they want. Cut and paste that list into a word document and make the list into headings. Then say what the heading says and give and example - for example, the heading says "Must be a good team worker"; so you say "I am a good team worker. In my current role I worked with a team of six people to create effective processes to support children in the classroom...." Don't miss out any headings, even if all you write is that you will support and abide by a policy. Then delete the headings and you have your supporting statement or letter. That way you have told the employer that you are their perfect employee. The mistakes I see all the time are either ignoring or not addressing that list, or rambling around the bushes so that I have to really dig for the information I need. If I want to interview six people, and I have a lot of applicants, I won't go rambling with them! And ALWAYS write a statement for each job - don't just cut and paste from another application without checking the exact wording. If you can't be bothered to apply for MY job, then why would I want to be bothered reading your application for another job?

 

Good luck with the job hunting.

[sangie5952]

Thanks Sangie. Great tip on the application writing thanks. One more question, how long would you as an employer want a statement to be? One side of A4? Two? As many as it takes to cover what's needed?

 

I'm not an employer. I'm a union officer. But I deal with recruitment a lot. And the answer is "as long as a piece of string". It depends on what the job is and what the employer is asking for. Sometimes a page is too much. Sometimes four pages are too little. Don't ramble. Don't put in lots of extraneous words. Then if you've put something against every heading, it's the right length!

[sangie5952]

No you aren't worn your rights to do either. You are still employed, and can still be dismissed or disciplined. I suspect that both are likely to be part of the schools requirements for staff, on the way out or not, but you can ask your manager if you need to attend given the fact you are leaving.

[sangie5952]

To be honest, you are spending too much time and energy on this. You've been told this before, but what they call your contract, fixed term or permanent, is completely and utterly irrelevant. Probation is irrelevant. You have less than two years continuous service, so unfair dismissal is out of your reach. So the fact is that the truth is irrelevant. Facts are irrelevant. Rock the boat or not, that's your decision. But I do not see any prospects at all for the long term in a TA taking on an Assistant Headteacher. There is no feasible way that the TA wins. You MIGHT get to keep a job for now, but at what cost? And actually they know this, because if they had the slightest inkling about what the law says, and I'm sure they do, it is too late to extend your probation and they technically can't do it in any meaningful way. Not that it matters to anything now anyway.

 

If your are going to fight back, have at it, but then don't say your are afraid to rock the boat, because that boat is taking on water as it is. If you want a peaceful exit, stick your head down and leave quietly. There is no middle course here.

[sangie5952]

I really don't know what you are trying to achieve here. And you already know what I would do. I would have taken the deal on the table to go quietly, because I know that a TA never wins a battle against a deputy head teacher. So I'd have politely told HR that I was ok and I didn't need their intervention. HR didn't "get involved" - they were involved because you were arguing about the contract, which was always a red herring, and they have to know that. Nor do I have any idea who told you that resigning always looks bad on a CV. Getting sacked does. Falling your probation might. Resigning is up to you to explain. "I found the traveling too much"... "My mum was expecting to go into hospital and would have needed my help, but then my sister volunteered to do this as she's just been made redundant "....."There was a muddle on my contract and I wasn't happy with the way it was handled".... You can say whatever you want.

 

But if you are intent on hanging in there until you are dismissed, whether now or later, then that's a choice you can make.