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Resignation without the required notice period - Teacher!

Donna

| 0 Posts

24 Apr, 2017 16:58

I just wanted to see if anyone else had come across a situation such as this for a teacher.  We have a teacher who is on a temporary contract (expires 31 August 2017), they have been to see our Head today to say they have been offered another contract (out of teaching) and wish to leave almost immediately.    Obviously the deadline date for leaving any earlier than the Summer has passed and therefore the individual would be in breach of contract.  However the only thing that we could do about the breach of contract is sue through the courts so not likely to happen.  I may for future look to have some contractual clause in our contract that permits us to deduct from the final wages an amount equivalent to what they would have earned during period of notice but as it stands we can't do that.

The teacher is an NQT so by leaving will not complete their NQT year but will have completed two terms of it.  What I want to record somewhere and I guess it would be on the NQT report is that the NQT full year has not been completed and state the reasons why.  Anyone had any experience of this?

 

Thanks


Donna

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  • David

    | 0 Posts

    24 Apr, 2017 17:32

    Hi Donna

    Sounds as if they've abandoned the teaching profession and that it will be self-evident that they never completed their NQT year, so, short of suing them for breach of contract there is not a lot you can do.

    Re putting a penalty / liquidated damages clause into future contracts, there has been I seem to recall recent case law which supports doing this but the impediments may be if you are fettered by teachers' union pressure etc to comply with nationally-negotiated t and c for teachers and that you don't get the wording as legally watertight as possible - ideally from an employment lawyer who knows what they're talking-about.

    But especially where supply teachers have to be hired to stand-in for those who flout contractual notice, no reason broadly why liquidated damages shouldn't in principle be a good idea - however, schools that just rely on teaching assistants etc to (inadequately) cover and save the supply hire expense might not fare so well, legally.
  • Keith

    | 0 Posts

    25 Apr, 2017 10:59

    They are walking away from teaching and I think you ought to do the same to them and leave it at that.
  • Ray

    | 0 Posts

    25 Apr, 2017 11:07

    Donna
    I understand your frustration (probably and that of colleagues), but I would be inclined to swallow this one.
    Even if you build in a contractual right to deduct from earnings an amount of "damages", you will still be constrained by NMW obligations, and the likilhood is that you will recover very little before hitting the NMW level.
  • Donna

    | 0 Posts

    11 May, 2017 13:50

    In reply to Ray:

    Thanks all - he's actually decided to stay with us, I think he has realised that with one term of left of his NQT year it would be a shame to throw it away at this stage. Thanks again