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Notice period in probation - teaching

Hello - I have recently started working in the education sector and the contracts in use here are unclear on the subject of the notice that a teacher is requred to give in their probation period. Under the "notice of termination" clause, it says "your employment may be terminated by either party giving a minimum of two months'written notice in the autumn and spring terms, and a minimum of three months' written notice in the summer term. This clause does not refer to notice periods during probation.  However earlier in the contract it reads: The first term of the Appointment shall be a probationary period and the Appointment may be terminated during this period at any time on one month’s notice or payment in lieu of notice. The school may, at its discretion, extend the probationary period for up to a further two terms. During the probationary period the Employee’s performance and suitability for continued employment will be monitored and a review will take place prior to the end of the probationary period.

The employee is considering resigning (long story) and wants to know if the one month's notice above applies if it is her decision to resign before the extended probation period is up.  To me the working is not clear if the one month notice applies to both sides, or whether if the employee resigns before the May 31 cut off they will be employed (and paid) until 31 August.

Would be very grateful if anyone can provoide a view on this.  K

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  • Am I right to assume the summer term is the employee's first term of employment, thus, the probation period?

    If so, I read this as the employee can resign any time during this term (1st April to 31st August) giving one months notice. So they could resign on 1st August and their last day of employment would be 31st August, or they could resign 31st August and their last day would be 30th September.

    Do you follow the STPCD as part of your contracts as this states what notice periods and pay are - what you detailed in your contracts strays away from this and doesn't make clear what happens if the notice period goes into holiday periods etc.
  • Hi and welcome Kate

    Assuming the present summer term is definitely part of the teacher's probationary period (has it been extended beyond their first term?) I'd take these very clumsy t & c to mean that the teacher can give notice around now to terminate their employment the day before the school starts back from the Summer Holidays in early September. That way they get paid from when school breaks up for the summer and for all of the summer holidays.

    However, *if* the probationary period as defined definitely applies, the school, eg upon receiving the notice of resignation, can issue their own counter-notice of dismissal of one month, so if this gets issued on say 31 May the employment (and pay) terminates at the end of June.

    All this is assuming the teacher doesn't have two year's continuous employment, otherwise the school's dismissal might amount to unfair dismissal - however, it wouldn't be unlawful dismissal IMHO if still within the defined probationary period.

    But wondering if this is the case why the school hasn't already dismissed the teacher whilst they easily can, during the probationary period?
  • In reply to Kimberly:

    Hi Kimberly - thank for your reply. The notice period after successful completion of the probationary period are clear, but not before. The original probation was extended beyond the first term, however usually they are only extended by one term and everyone knows where they are by April (i.e. continued employment or not). This case is unusual as my advice wasn't followed; anyway the situation took a slightly different course and the probationary period has now been successfully completed.
  • In reply to David:

    Thank you, David. Your final question is a very good one, the school was advised by me to conclude the situation sooner, one way or the other. You are right, the employee does not have two years' continuous service. The successful completion of her probationary period has now been confirmed, so the original question no longer applies, and the employee is reconsidering her future. The Ts&Cs are not the best for a number of reasons, though they were drawn up by so-called experts. I do appreciate the time you took to reply, many thanks.
  • hi Kate

    You need to look at whether your school / academy's contract is in accordance with the STPD - as there is no provision in the STPD for probationary periods.

    As you have indicated you probably need to ask a solicitor to look at your teacher's T&C's and you should arm yourself with a copy of the Burgundy Book (there are some really odd rules in there)!!

    Regards
    Elaine