Fixed term contracts

[BYTEr]

Hi all,

My wife currently works as a teacher 2 days a week 40 minutes away but has found a job at our local village school less than 5 minutes away, also for 2 days. She’s had a conversation with the Head and she’s really interested, however, as with all her previous positions, it starts out as a fixed term contract but she’s always been offered a perm contract after the end of the fixed term contract.

She’s ‘ok’ with her current position, she’s not desperate to leave, but likewise doesn’t love her current school/academy, if the new position was perm she’d apply, but she’s very reluctant to leave a job with a perm contract to one with a fixed term contract.

She’s mostly concerned that she might want to try for another baby (we have a 15 month old) before the end of the fixed term contract and if she did happen to fall pregnant, won’t be offered a perm contract and wouldn’t get the maternity pay like she has before which is quite a lot more than the statutory.

She’s now spoken to some friends who have told her the school can’t refuse to offer a new contract on this basis amongst other things.

I initially just assumed a 12 month contract is just that, a job for a specified period of time and if they don’t want to offer another one after this period then they don’t have to but just wanted to see if anyone could confirm or have any experience as I’m not an expert.

Thanks in advance.

 

[Conanius]

You're talking about a ~6 hour a week in time saving. That would make me really think about it.

With regards FTC, its exactly that, a contract for a set period of time. There is no requirement to offer a renewal. I've predominately seen this offered when covering maternity.

No employer is ever going to say 'we aren't offering you a renewal/perm because you're pregnant. That would be suicide and I'm pretty certain you'd be able to sue them as its a protected class in the Equality Act. Instead they'd simply give zero reason -something they'd be absolutely entitled to do.

Worth remembering that within 2 years of starting any perm role, you have almost no protection. An employer can simply terminate your employment without any reason.

 

[Diagro]

You're talking about a ~6 hour a week in time saving. That would make me really think about it.

With regards FTC, its exactly that, a contract for a set period of time. There is no requirement to offer a renewal. I've predominately seen this offered when covering maternity.

No employer is ever going to say 'we aren't offering you a renewal/perm because you're pregnant. That would be suicide and I'm pretty certain you'd be able to sue them as its a protected class in the Equality Act. Instead they'd simply give zero reason -something they'd be absolutely entitled to do.

Worth remembering that within 2 years of starting any perm role, you have almost no protection. An employer can simply terminate your employment without any reason.

I'd love to see a school terminate a teachers contract within 2 years. The unions would rip the a new one.

There are policies in place. Of course if a teacher were to show continued bad performance and failed to improve after intervention, yes their contract could be terminated. But not for any reason they like.

To the OP

Many schools choose the Fixed term contract approach as a kind of probation. If your decent and perform well they will switch to a permanent contract. It gives them a way to remove you, when normally they wouldn't be able to without costly extensive interventions.

I for example am starting a new role in September. My offer of employment states that I have a years fixed contract. But if I perform as expected (judged by my head if department) within the first term, they will switch me to a permanent contract after the first term if I agree.

So... Its normal. Gives a school an out if they need it.
Personally I'd wait till the jobs permanent before getting pregnant. We are.

 

[Conanius]

I'd love to see a school terminate a teachers contract within 2 years. The unions would rip the a new one.

There are policies in place. Of course if a teacher were to show continued bad performance and failed to improve after intervention, yes their contract could be terminated. But not for any reason they like.

I can only go on my own personal experience where I've been involved in terminating someones employment. Done correctly you can quite simply be given notice within 2 years and say words to the effect of "We have decided to terminate your contract, good luck in the future, here is payment of your notice period".

There is no legal requirement to provide any reason with less than 2 years service. I've seen this done numerous times with multiple employers.

Whilst I'm not an employment law professional, I don't believe teachers have any special protection in employment law, and other than a bit of fuss, I don't see what a union wouldn't give you anything either.

This is all irrelevant thought - the OP is on about a FTC. They wouldn't be a permanent employee. You don't have anything like the same protection.

 

[haz_pro]

As others have said, FTC is exactly what it says on the tin.

 

[Hades]

She’s mostly concerned that she might want to try for another baby (we have a 15 month old) before the end of the fixed term contract and if she did happen to fall pregnant, won’t be offered a perm contract and wouldn’t get the maternity pay like she has before which is quite a lot more than the statutory.

I strongly recommend you both sit down and talk about whether you want a second child and when you would want that to happen. If it's in the next couple of years then staying in a perm role would be strongly advantageous.