I'm covering for a guy on secondment... but now he's retiring

sitstill

Im covering for a teacher who is on secondment. I signed a contract for 12 months from Sept 2011 to Aug 2012. However, now I have been told that the teacher is to retire in February and my principal said that as a result, I might not get paid for summer. Does anyone know if this is allowed, given that I was told I'd be paid for 12 months when I took the job?

whiteandlight

Never heard about this situation but you should immediately contact your union rep about it.

happywithlife

i thought all contracts like that were to finish the end of the school term and not to continue on over the summer months
but if you signed a contract to go on till the end of the summer i can't how they cannot honour it.
i assume you kept a copy of it - dig it out and go through it with a fine toothcomb!

golden virginia

A union is the best and only real help here!

In secondment situations you employer is depending on the Department to reimburse them for the seconded persons salary- in order to pay you. So If that person retires --- well its fairly unique situation - thats why you need a union to negotiate on your behalf.

rainbowtrout

First off, get on to your rep ASAP and get them to have a look at the situation.

Second, read your contract and see if there's anything in it (objective grounds) to say that your contract may be cut short at any stage.


Third, is this guy coming off secondment and returning to the school at all? I know the situation with contracts is if a teacher is going out on sick leave and retires without returning from leave to teach that the time is backdated for CID purposes to the teacher that was subbing for them if they are kept on, so I would be looking at it from that angle, that if he leaves teaching from secondment does the position get backdated to become yours from September. It's worth looking into.

TheDriver

also is the school overquota and did you sign at the start of your contract that it was not eligible for CID.

sitstill

The school is just on quota at the moment. The principal said that although I've been here 4 years, I won't get a CID as the position will not be viable for next September. The contract says that I have the job for 12 months or until the teacher returns but he will not be returning to the school prior to his retirement. So if they decide they are not paying me for summer, it seems like they would be breaking the terms of the contract because when I signed it at the end of August, I didn't know he was going to retire mid-year.

doc_17

If the worst happens and you lose that job you should get your holiday pay pro-rata for the time you have done.

mrboswell

As people are saying above you need to contact your union rep but I'd imagine that if you signed a contract then it has to be honored. If the teacher decided to retire that is independent to your contract. The school will interview for the replacement but that should not affect your summer pay.

But the safe advice is from your rep...

rainbowtrout

sitstill wrote: »

The school is just on quota at the moment. The principal said that although I've been here 4 years, I won't get a CID as the position will not be viable for next September. The contract says that I have the job for 12 months or until the teacher returns but he will not be returning to the school prior to his retirement. So if they decide they are not paying me for summer, it seems like they would be breaking the terms of the contract because when I signed it at the end of August, I didn't know he was going to retire mid-year.

Well just going on what your saying 12 months or until he returns suggests the former, he's not returning one way or another. Why won't the position be viable next year if the school is on quota and you've been there for 4 years?

sitstill

rainbowtrout wrote: »

Well just going on what your saying 12 months or until he returns suggests the former, he's not returning one way or another. Why won't the position be viable next year if the school is on quota and you've been there for 4 years?

I was told it will not be viable because to get a CID you have to actually be offered a 5th contract and I won't be offered a 5th contract as the hours will not be available in the school due to loss of special needs and EAL hours and the guidance councillor will be back teaching next year and she and I have the exact same subjects.

I got advice from the ASTI on the summer pay issue and was told that the contract I signed should stand without alteration. It has an end date and that existed at the time of signing and so cannot be changed except with the agreement of the parties to that contract.

golden virginia

Thats really tough luck sitsill, I guess there will be lots of posts lost because of the cut in guidance allocation. Its time to start a campaign to reverse this cut!

stressbubble

Hope you get it sorted. I am currently in my eighth year covering for someone on secondment. I am at the end of my tether about the whole situation and am really losing the 'always look on the bright side' battle! Best of luck.. I know it's not easy.