Guest Posted July 7, 2010 Share Posted July 7, 2010 I can't bare to work the notice in my contract. It states half a term (the old half term) but of course half a term is technically now 3ish weeks. My contract has not changed since my hours and pay have been increased and my job role. Is it still valid? Chair has just dug the knife in for the last time, I'm going. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 7, 2010 Share Posted July 7, 2010 oh poor you really feel for you- just felt i had to say that and i havent got much else say as this isnt my forte but if you want to be particular I would argue that as it isnt clearly stated in your contract the required notice period, your interpretation is that of current term arrangements. I would say the error is on the committees head by not stipulating this in a new contract with you. does this make sense? good luck to you xx Quote Link to comment Share on other sites More sharing options...
Guest jenpercy Posted July 7, 2010 Share Posted July 7, 2010 I hadn't heard that there was a new definition of terms - as far as I knew there wre still the 3 with a halfterm holiday in each. However, the end of term is only 3 weeks away and there is 6 weeks to September term - which ought to be enough notice for anyone. Good luck Quote Link to comment Share on other sites More sharing options...
Guest Posted July 7, 2010 Share Posted July 7, 2010 maybe its just each LA but in my area we technically have 6 terms each academic year sept to oct, nov to christmas etc etc. But i agree with jenpercy that giving notice now would give ample time to recruit for september! Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 7, 2010 Share Posted July 7, 2010 I think you have such a good claim for constructive dismissal P3 They have made your position untenable - will your deputy make good her threat to go with you? In any case if your contract says half a term's notice but doesn't specify the number of weeks, then you could argue that three weeks is half a term. In any case, are they likely to pursue you for not working notice? My deputy left last term giving no notice, and really there is little or nothing I could do to stop her. I would have given a different reference had I known what she was going to do - but it is unlikely that you will ask your current setting for a reference anyway, I'd have thought. I'd say someone somewhere in that organisation will be heartily glad if you resign - but life is too short for you to be so unhappy at work and you need to do whatever you can to look after yourself. Good luck P3. At the risk of repeating myself, you deserve so much better than this. Mx Quote Link to comment Share on other sites More sharing options...
Guest Posted July 7, 2010 Share Posted July 7, 2010 hi there sorry cant offer any advise re your question, just wanted to say I am so sorry its not getting any better for you.Try and keep strong. From what you have told us you have been treated disgracefully. You will get through this and you will be a stronger person at the end of it all. Best wishes,Unsworth x Quote Link to comment Share on other sites More sharing options...
Inge Posted July 7, 2010 Share Posted July 7, 2010 termination of contract.. has been a previous dicsussion on this issue.. I dont think there is much they can do if you terminate and leave immediately... they can say it in the contract but I do wonder what they can do if you do not uphold it.. I have had staff leave mid session aiwht no notice and found I had no comeback.. it may depend on if you need a reference from them.. which may be the sticking point.. and agree half a term is now only 3 weeks in most areas... it is in ours too who switched to the 6 term year.. so if you have really had enough now is the time to do it.. so you can say bye to the parents and children who have been with you over the year.. and if asked why, by anyone, .. afraid I would be very plain and tell them! Inge Quote Link to comment Share on other sites More sharing options...
Guest Posted July 7, 2010 Share Posted July 7, 2010 have you read the message from daddy day care? He wants you to get in touch he may be able to help you!! Quote Link to comment Share on other sites More sharing options...
Guest Posted July 7, 2010 Share Posted July 7, 2010 Hi P3, So sorry that things have not improved for you and that it has got worse today. Please focus on what is best for you rather than the needs of the committee. I know we all care deeply about the children in our care, and we wouldn't be working as hard as we do if we didn't, but sometimes you need to put yourself first. I am afraid I don't know anything about contracts but as others have said they are hardly making it any easier for you to stay. I hope your deputy is able to support you at this difficult time. Take care and I hope you can soon be free of all this hassle and nastiness. Nicky sussex Quote Link to comment Share on other sites More sharing options...
hali Posted July 7, 2010 Share Posted July 7, 2010 as others have said not much they can do - my committee did not want me near the building once i handed my notice in (was distraught - but looking back probably for the best). im so sorry it has ended like this - totally know how you feel - am still getting over mine a year later - but as you say it comes to the point where you cannot fight anymore good luck hun Quote Link to comment Share on other sites More sharing options...
Rea Posted July 7, 2010 Share Posted July 7, 2010 (edited) I would suggest that if your contract isnt up to date then it isnt valid. The book I have states under 'contracts, terms and conditions' that "Once a contract has been established, any changes to the terms and conditions may be made only with the agreemnet of the employee and should be included in aletter headed 'Amendment to your terms and conditions of employment', detailing the points to be amended and stating that 'all other terms and conditions of employment will remain unchanged'.This amended contract will become legal only once the employee has signed to indicate his/her agreement." Direct.gov Basic rights at work ACAS leaflet These are the only things i could find on the internet PPP. I wonder if they'll do an exit interview?! Edited July 7, 2010 by Rea Quote Link to comment Share on other sites More sharing options...
Rea Posted July 7, 2010 Share Posted July 7, 2010 Contracts Just found this one too Quote Link to comment Share on other sites More sharing options...
Deb Posted July 7, 2010 Share Posted July 7, 2010 So sorry, and disgusted that you could be treated like this. As Maz said, do try to speak to Daddydaycare, you need someone on your side to support you. Take care of yourself. Quote Link to comment Share on other sites More sharing options...
HappyMaz Posted July 7, 2010 Share Posted July 7, 2010 As Maz said, do try to speak to Daddydaycare, you need someone on your side to support you. I think he may be already on the case! Maz Quote Link to comment Share on other sites More sharing options...
Fredbear Posted July 8, 2010 Share Posted July 8, 2010 Hi P3 sorry to hear they finally pushed you too far, you know in your heart what the truth is and it will prevail, so now look to the future have a liitle recuperate and get back out there with all your wealth of experience. By the way is the Deputy going to follow through with her threat [ you go she will go]. Good luck to you what ever you intend to do. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2010 Share Posted July 8, 2010 Hello everyone. Yes DDC is on the case. I'm too unwell to go in today-Husband phoned chair last night after he came home to find me in a state-she denies being rude to me or that our meeting was negative. I was working from home on Tuesday (as committee wanted), arranged staff, went in tues morning with snack and mobile, ensured all ok.they knew where i was and i said they could call me at home if needed. Emailed chair mon to let her know, out of courtesy. Chair speaks to deputy on tues asking where i was-Deputy explained, Chair remembered me telling her last friday. Chair phones me yesterday early evening, some 30hrs later saying i should let her know if i wont be in "next time let us know, ok?". i said i did she said she didn't get the email. (after phone call email came through from her saying, sorry i missed it) Her next dig was concerning a medical condition I have-I revealed it to them in my meeting last week. They annoyed that it's not in my notes-they didn't employ me, not my fault. When I started the job my Dr filled in an Ofsted health form. It's personal but I've never kept it a secret. Staff know I have it and I occasionally take prescribed medication for it. It only effects me at work if I have to take 10mins to sit down-really not that serious, it's very common. So chair got advice on this and wants to contact my doctor!!!!!!! I am to have a meeting with chair and advisor to talk about my medical condition and where my medication must be kept. I can't believe this. Do any of you have to tell your committee if you're on a course or working from home (at their request)? So, last night chair gets told I wont be in today- she understands. 10pm last night deputy has not been contacted so I talk to her. Deputy doesn't work thurs mornings. So Chair hasn't arranged cover. Surely that's not my job if I am ill? Who knows what she's saying about me today! I don't ever want to talk to her again, let alone look at her. Nothing short of bullying. I am too scared to go into work for fear of what's going to be thrown at me next. ppp Quote Link to comment Share on other sites More sharing options...
Inge Posted July 8, 2010 Share Posted July 8, 2010 Glad you have someone to support you now.. who I hope will be able to help in some way. This clearly has an impact on your health and you need to think of yourself and family first.. no job is worth this... I would be at the Doctor.. and get signed off for stress... reason being their treatment of you... they then still have to pay you sick pay.. assuming you work enough hours.. ( usually if you pay National Insurance you tend to be eligible for sick pay) This could end up as long term sickness and hence cause them a lot of issues but I think it is a long process to terminate your contract... see other thread on this.. (when does this committee end? could it be until then?! sorry but I would want some form of 'problem' for them..) No , I did not have to inform the committee if I was not going to be there and deputy was covering... Only time I did was when I was ill and they sorted cover.... (but to be truthful I used to ring or text a member of staff who would sort it out as it was faster than using the committee.. they were happy that as long as the standards/ requirements were kept. but in your case it is their job not yours as they have made very clear.) When I was off long term they arranged cover as a temporary member of staff on a short term contract... Having sent a medical form to Ofsted and they have cleared you as fit to work / suitable person I would not allow anyone access to my medical records... I am not sure how this would leave me but if Ofsted are happy they should be too... If Ofsted get your doctors report and are not happy they arrange for an independent assessment .. they asked me to do one.. no big thing just a back up because on paper my medical history looks really bad.. in actuality it doesn't stop me so I was OK.. Obviously they did not feel it necessary. You are off today.. and contact them or better get husband to and at least take some time off.. you can have a week without seeing DR.. then you may have time to decide on next step.. Inge Quote Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2010 Share Posted July 8, 2010 Just wanted to send a hug really and you are better off out of there. You might find that if you just tell them you want to leave, they are happy for you to go immediately. Here are the hugs (((PPP))) Quote Link to comment Share on other sites More sharing options...
Rea Posted July 8, 2010 Share Posted July 8, 2010 Hugs from me too PPP. As chair, I know some medical history of staff, past and present, but thats because they told me. I dont have a right to know, if their doctor says they are fit to do the job and Ofsted are aware then its not my business. My job is to ensure the workplace is inclusive and supportive. I'd go to my GP, just to have it officially noted that work is causing problems. Try to relax today Quote Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2010 Share Posted July 8, 2010 Hi PPP, I'm almost glad you've made your decision - you deserve SO much better than this! Perhaps a sick note from the Dr to put in the envelope with your resignation? oh, and how about a solicitors letter re constructive dismissal? That should keep the committee busy over the hols!!! You relax and recharge your batteries! Nona Quote Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2010 Share Posted July 8, 2010 Just seen the Dr - signed off until next week and I'm off to Citizens Advice later on this afternoon. Quote Link to comment Share on other sites More sharing options...
Inge Posted July 8, 2010 Share Posted July 8, 2010 good... time to breathe.. now just ensure they don't try to contact you or anything while off sick.. you are entitled to be left alone... get someone to screen phone calls so you don't answer to any one you don't want to talk to. Hugs coming your way... Inge Quote Link to comment Share on other sites More sharing options...
Guest jenpercy Posted July 8, 2010 Share Posted July 8, 2010 Re the doctor's records, we had a request from OFSTED, that my Supervisor produce ANOTHER Dr's report. She has cancer, but I cleared it with OFSTED that I would take over if necessary, and she also has diabetes. She almost never takes time off sick, even with cancer, but apparntly someone anonymous had reported that her diabetes was a problem for us - and that she was passing out - or at least that is what we think was going on. Her docotr was furious on her behalf - and I was furious at having to pay for another dr's report. So they could go to OFSTED with some story, and get you to give another report. When's the AGM - or is Chair a 2 year apointment Quote Link to comment Share on other sites More sharing options...
Fredbear Posted July 8, 2010 Share Posted July 8, 2010 Hi like i said previously P3 now give yourself sometime to recuperate, try to switch off from it all, and remember you are the important thing in this dreadful situation that you found yourself in. Big hugs coming your way Quote Link to comment Share on other sites More sharing options...
sunnyday Posted July 8, 2010 Share Posted July 8, 2010 Big hugs from me too........ Quote Link to comment Share on other sites More sharing options...
Guest Posted July 8, 2010 Share Posted July 8, 2010 Hi, Glad you got to see your dr today and that he is supporting you and protecting you from these awful situations. Take time during this week to think about what you want to do and how you want the situation to have a closure point. Take care, prayers, hugs and love coming your way Nicky Sussex Quote Link to comment Share on other sites More sharing options...
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