Dates to Hand in Your Notice to Resign
Total Page:16
File Type:pdf, Size:1020Kb
Leaving teaching - Ill Health / Resigning / Dismissal / Settlement Agreement (updated May 2016)
Dates to hand in your notice to resign:
by Oct 31st to finish Dec 31st by Feb 28th to finish April 30th (regardless of when Easter is - take care if changing to an Authority or eg an Academy with a different holiday pattern) by May 31st for Aug 31st
ILL-HEALTH RETIREMENT This can be given as Total Incapacity Benefit (TIB), Partial Incapacity Benefit (PIB) - or you can be turned down
See what qualifies as TIB (also called "enhanced") or PIB (also called “accrued”) on the Teachers’ Pen- sions website: https://www.teacherspensions.co.uk/members/the-scheme/active-teacher/ill-health.aspx
You will also need to contact Wigan LA Pensions – currently Linda Sidebotham (01942) 827333
Advantage(s): If TIB (enhanced), they will release your pension and make up half a year for each year between your age now and 60 / 65; you must be diagnosed as not being able to work again until retirement age If PIB (accrued), whatever pension you have accrued will not be reduced and you can do jobs that are non-teaching
Disadvantage(s): If you apply for TIB and you get PIB, then obviously you will not get an enhanced pension - make sure you have taken this into account when working out your finances etc You will have to get proof of TIB from your doctor backed up by medical experts
RESIGNING Advantage(s) : No more (if any) Occupational Health visits No more meetings to discuss progress You will be able to register for work eg supply and attend interviews for potential posts
Disadvantage(s): You will be limited in the benefits you can claim as you deliberately made yourself unavailable for work There may be difficulties in paying off your mortgage or loans (you MUST read the small print and check with the appropriate organisation directly) You will normally only get paid until the end of a full term, so if you are close to that already, no finan- cial incentive However, if you are charged with gross misconduct and resign before it goes to a hearing, you may only be paid to the end of that month Also, if it is a gross misconduct offence, it will not stop you being reported to the NCTL, who may ban you from teaching You may still have to come in to school to work your notice You cannot start any supply job until your current post expires The details will be on your record (eg if you were on formal capability) - and this HAS to be reported to teaching agencies if they ask, otherwise the school will be liable if it comes to light at a later date Your reference may only be "factual" - ie only contain the barest details eg when you started, which class you taught in etc - it may not be good enough to secure a job on its own Supply agencies often have a question like: "Would you employ this person again?" - if your Head an- swers "no", you will find it very difficult to secure work
DISMISSAL Advantage(s): You will be instantly put on 3 months' notice on full pay from the date you are dismissed (but see "Dis- advantages" below) Removal of pressure Any insurance on loss of earnings, eg a loan or mortgage, may pay out (you MUST read the small print and check with the appropriate organisation directly) You will be able to claim benefits and do teaching work eg through an agency
Disadvantage(s): The dismissal will be on your record, which will make it harder for you to get teaching work Supply agencies often have a question like: "Would you employ this person again?" - if your Head an- swers "no", you will find it very difficult to secure work with a Supply Agency If you are nowhere near this stage yet, and are on capability, there will still have to be observations and meetings to justify the school's position until a dismissal hearing is arranged If you are found guilty of gross misconduct, you will be dismissed instantly and not be entitled to any pay from that date onwards If you are found guilty of gross misconduct, you will be reported to the NCTL, who may ban you from teaching
SETTLEMENT AGREEMENT It is basically a resignation but may be more beneficial to you. Details as follows (compare to RESIG- NATION option):
Advantage(s): Your HT may allow you to leave before the end of your notice period and so if eg on capability, no more lesson observations No more (if any) Occupational Health visits No more meetings to discuss progress, but there may be a final one just to tie up loose ends and agree things You will be able to register for work eg supply You can negotiate a reference - but see below
Disadvantage(s): You will be limited in the benefits you can claim as you deliberately made yourself unavailable for work The school may make part of any Agreement that you "draw a line" under any other business, so if eg thinking of suing them, that would have to stop There may be difficulties in paying off your mortgage or loans (you MUST read the small print and check with the appropriate organisation directly) You will normally only get paid until the end of a full term If your normal monthly wage is paid gross (rather than you being given a gross amount on top), the school will be saving money by not paying into your pension for every month they pay your salary gross You cannot start any supply job until your current post expires The details will be on your record (eg if you were on formal capability) - and this HAS to be reported to teaching agencies if they ask, otherwise the school will be liable if it comes to light at a later date Any reference negotiated will concentrate on your strengths and positive contribution to the school - but obviously it still may not be good enough to secure a job on its own A relatively new Head is unlikely to agree to including positive comments about your work and achievements on the Agreed Reference that happened before they started Depending on your specific case, your Head may forbid you from returning to the premises. So if, for example, you need to do a lesson observation as part of the interview process for a prospective new em- ployer, not being allowed to do one in what they think is your current school will be difficult to explain If you do not secure a new post to start immediately after your previous post, there will be a break in service which will affect eg your maternity rights, time off on full pay for sickness absences etc Note that working for a Supply Agency will also bring an end to any accrued benefits Some schools do not recognise rights accrued if you are coming from an Academy - check first Supply agencies often have a question like: "Would you employ this person again?" - if your Head an- swers "no", you will find it very difficult to secure work