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Anyone know much about employment law

This is a discussion on Anyone know much about employment law within the The Roadside Hotel forums, part of the Members Area category; Lass started new job today. Bit of a disaster to say the least. She's supposed to be a head of ...


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Old 29-10-2007, 21:54   #1
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Angry Anyone know much about employment law

Lass started new job today. Bit of a disaster to say the least.
She's supposed to be a head of department in a school but when she turned up the job doesn't really exist.

They'll pay her the wage but the job won't exist for a year meanwhile she's got to do classroom assistant/supply teacher work.

Essentially this it like being offered the job to be an senior engineer (or manager or something) but turning up to be told, that there isn't enough work for you, they'll still pay you but would you mind sweeping up and making tea for a year?

How does false advertising work for jobs?
Can she sue them for leaving her old job for one that doesn't exist even if they'll pay you not to do it?

Stress and hurt. I mean nice to get paid to do nowt but it would get you down quickly. She's gutted, floods of tears etc.
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Old 29-10-2007, 21:58   #2
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Re: Anyone know much about employment law

It must be really dissapointing to get into a new job and then finding out it isn't all that you wanted it to be

I have no idea about employment laws in stuff like this, but I am sure there are ways she can get the most out of the year before she is in the proper job.

She can make sure that she really knows the staff, pupils etc at the same time being paid the full amount.

Hope it can get sorted either way quickly
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Old 29-10-2007, 22:00   #3
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Re: Anyone know much about employment law

I don't understand. Does this mean us taxpayers are paying extra for someone who is obviously pretty well qualified / experienced to do a "cheaper" teacher's job? Sounds barmy!
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Old 29-10-2007, 22:18   #4
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Re: Anyone know much about employment law

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I don't understand. Does this mean us taxpayers are paying extra for someone who is obviously pretty well qualified / experienced to do a "cheaper" teacher's job? Sounds barmy!
That's essentially right. It's to tick a box nothing more.

Mother in law wants to sue them.
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Old 29-10-2007, 22:20   #5
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Re: Anyone know much about employment law

Bad news - unbelievable even. If she is a member of one of the Teachers' Unions, that would be a good place to seek legal advice and/or representation.
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Old 29-10-2007, 22:29   #6
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Re: Anyone know much about employment law

That does sound a pretty nasty situation to be in mate.

A couple of things that initially strike me is that firstly if you/she sued then it would almost certainly make the position untennable were it to materialise. Secondly I would think there would have been a contract included with an offer of employment which should have detailed the responsibilities of the position as well as a start date, just check the small print before you go getting too many people on the case.
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Old 29-10-2007, 22:39   #7
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Re: Anyone know much about employment law

what the hell?!?!?

getting paid for being head of dept but only you only have to be class room help and/or supply teacher for a year?

that sounds like job heaven to me!

yeah you don't get the ego boost that the position includes for another year but think of it as an overpaid year to do much less work and get to know your colleagues, the school and some of the students.

sounds good to me.
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Old 29-10-2007, 22:42   #8
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Re: Anyone know much about employment law

I know one employment law is that the employer has to provide "work". As Stu says this work should have been laid out in some form of responsibility / job details, possibly within the contract or some form of covering letter. The worst thing that the contract or letter can include is "any other duties as seen fit by the manager/headteacher" - This could be a get-out clause.

I did do a law CD as part of my accountancy training, but I'm afraid once I passed it I destroyed all my notes.... It was essentially fairly basic though, and there was no scenario like this.
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Old 30-10-2007, 09:45   #9
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Re: Anyone know much about employment law

Might be job heaven to some but bloody boring to others.

Quote:
Originally Posted by devonutopia View Post
The worst thing that the contract or letter can include is "any other duties as seen fit by the manager/headteacher" - This could be a get-out clause.
I would think that that is the case. I work for the same authority (not in education) and I certainly have "Any other relevant duties" within my contract.

I don't think suing them is very likely but she might be able to leave without notice if they have broken the contract in some way.

I told her to speak to them first (only one day after all), schools are notoriously badly run, few teachers make good managers. Also to speak with HR and her union.

At worst she could quit. It's not difficult for a teacher to pick up supply work.
She's gutted that she left a school she was very happy at to get a promotion that doesn't seem to exist.

She will be expected to develop the department she is in and add classes but that could take 2 years. Meanwhile she's the overpaid classroom assistant.
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Old 30-10-2007, 11:00   #10
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Re: Anyone know much about employment law

How do the other teachers feel about this situation? (Might be a bit early to tell I know)... but I can see problems if she works as an assistant to them, and then next year is suddenly the head of department... There might be some resentment at the pay she is getting too...?
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Old 30-10-2007, 12:20   #11
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Re: Anyone know much about employment law

The few she has spoken to have been in agreement that it's all a bit ridiculous.

Only time would tell if there was any resentment. Again schools are notorious for office politics and bullying. I worked as non teaching staff for 3 years. Not something I'd choose to go back to.
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Old 30-10-2007, 12:34   #12
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Re: Anyone know much about employment law

I'd check with the Citizen's Advice bunch.
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Old 30-10-2007, 14:49   #13
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Re: Anyone know much about employment law

Get proper legal advice!! I've a vague notion that this might be a form of constructive dismissal.
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Old 30-10-2007, 16:23   #14
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Re: Anyone know much about employment law

firstly i know that your Missus is probably feeling very under valued and hurt by this situation, however, she is currently in a great position for personal further development as she can, with the schools approval and funding, attend all the training courses etc that she would normally not have time to due to day to day teaching commitments.

I know its not what she expected or wanted but even by staying for a year at the higher wage and using this opportunity to further again herself, in whatever field, ie special needs etc she will be better equiped to head for that next promotion.

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Old 30-10-2007, 21:27   #15
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Re: Anyone know much about employment law

make sure she is getting paid the salary she applied for !!
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Old 31-10-2007, 10:42   #16
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Re: Anyone know much about employment law

Well day 2 wasn't much better. Management team avoid the staff in general apparently with a "Them and us" attitude.

She was basically told outright that they knew her timetable was light and that she was expected to fill it with supply/cover until this picked up. It's not going to pick up until change of timetable in July at a minimum and possibly might not be properly filled for 2-3 years.

She's has no formal induction yet either.

She's going to try to last till the Xmas break, I'm not so sure she'll last the week.
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Old 31-10-2007, 12:53   #17
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Re: Anyone know much about employment law

Quote:
Originally Posted by Aspman View Post
Well day 2 wasn't much better. Management team avoid the staff in general apparently with a "Them and us" attitude.

She was basically told outright that they knew her timetable was light and that she was expected to fill it with supply/cover until this picked up. It's not going to pick up until change of timetable in July at a minimum and possibly might not be properly filled for 2-3 years.

She's has no formal induction yet either.

She's going to try to last till the Xmas break, I'm not so sure she'll last the week.
What does her contract of employment state. If it states that she is head of department or is on a particular job code, then she should fight her corner. Taking 12 months doing everyone else's crap may not be the best career move. And once she's done the 12 months, who's to say her position wouldn't then be so undermined that she wouldn't be able to do the job.

a) Read the employment contract
b) Legal advice
c) Plan of attack.
d) Interview with the employer.

J.
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Old 31-10-2007, 13:51   #18
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Re: Anyone know much about employment law

Public libary - copy of 'Croners guide to Employment law' Regular updates.
Other source is ACAS 'Impartial' advice.
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Old 02-11-2007, 10:08   #19
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Re: Anyone know much about employment law

She's bit happier after yesterday. Finally met with the management who all apologised.

Person dishing out the cover has been kicked into touch and is cutting it back.

She is still unimpressed but no longer upset.
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Old 06-11-2007, 15:58   #20
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Re: Anyone know much about employment law

I hope SWMBO is happy with the atmosphere of the school, albeit after only a few days in.

Will the eventual job give her power to make changes (which presumably is what she's been brought in to do)? A figurehead post, by the converse, would perhaps not be worth waiting for. If "yes", the extra time will be a wonderful opportunity to make assessments, projections and plans.

Could SWMBO ask for a secondment to another school pro tem or part time to make better use of the talents they seem to have recognised by offering this position to her? It might be worth a try if they think they might lose her altogether otherwise.

Whatever happens, SWMBO will have "Head of Department" on her CV, which should stand her in very good stead if she does choose to leave, hopefully on good terms.

Regards
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Old 07-11-2007, 16:32   #21
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Re: Anyone know much about employment law

A few things to consider from SWMBO's experience of both interviewing and being interviewed for teaching jobs:

Rightly or wrongly (probably wrongly), it's considered extremely bad form to turn down a job if offered, and this can 'follow' you to other schools within the LA - in a similar sort of vein, then, taking a job and resigning a short time in could mean she's tarred with the same brush;

Just as non-teaching jobs have notice periods, there are only certain times a teacher will normally be allowed to leave a post (half-terms and holidays), and notice will normally need to be given a certain number of weeks before this;

Leadership Group, Management Team or whatever they call themselves always seem to have an 'us and them' attitude, which is down to the fact that these days the heads are usually administrators (albeit with teaching experience mostly) rather than classroom teachers - in my day, I went all the way to secondary school before having a head who didn't teach, whereas at SWMBO's school most of the deputies and assistants are on at least a reduced timetable if not completely non-contact;

The 'other duties as required' clause is extremely difficult to argue against.

Personally, I'm with those who feel it's an OK situation to be in! I can understand the disappointmant, but as long as the promised job does eventually materialise, and her pay is what was promised, then although I know from SWMBO that doing cover can be a royal PITA, at least she'll get her face known to lots of the kids and staff, and so won't be a 'new face' when the time comes for the HoD job...
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Old 08-11-2007, 12:16   #22
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Re: Anyone know much about employment law

Yes things are settling.

It's just a school with a very different atmosphere than her previous post where the SMT were very prominent around the school.
She is now getting to carry out some of the responsibilities of her role. She's getting into the idea of having to push for everything, no one will volunteer information or help here it has to be asked for.

She has come to many of the same conclusions as you point out. She's is going to stick it for a year anyway to get a reasonable addition to her CV.


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