teachers redundancies

[ranidog]

I have been made redundant from my current teaching post where I had been teachin full time for the last 5 years. I have applied for another job in which I was successful an I start my new job in September. I have been told that I will not get any redundancy pay as I will be starting my new job in September, I can only get redundancy pay if I had not started my new post until the next term. Surely this is against my human rights. Please can someone advise me?

[another-view]

How do you believe this is affecting your human rights?

[ranidog]

Surely anyone who is being made redundant would be entitled to some sort of redundancy, so why not a teacher. I did not want to move to another school

[another-view]

But that's nothing to do with human rights? What is it you teach?

[ranidog]

sports science

[kira000]

Anotherview. I suspec Ranidog doesnt literally mean human rights, but rather more generically, the rights one has when made redundant.

[kira000]

Ranidog. are you state or private sector? Was it an ongoing post, or was it a fixed term/renewable contract?

[ranidog]

state school ongoing contract

[factor-fiction]

Is it at the same school or with same employer/local authority? Given that your old contract would have been to September and you have immediate employment thereafter maybe the employer is arguing they have found you alternative employment and there is continuity of employment- so there is no redundancy.

[ranidog]

no it is not with the same employer or with the same local authority, I was working at a local school to where I live and I now will have to travel.

[kira000]

Its worth checking out this from the ATL site , which gave a few exclusions when redundancy would not be paid:

http://www.atl.org.uk/help-and-advice/other-is sues/redundancy.asp

They have a useful PDF leaflet on redundancy as well:

http://www.atl.org.uk/Images/Redundancy%202007 .pdf

Are you a member of a union? They should be able to advise and represent you. If you are not a member yet, join quickly, and they should still help you.

[ranidog]

thanks I will look into it

[kira000]

I think the key will be when your final date is. If as Factor30 suggests, your contract is being terminated in Sep, then you probably wont be entitled.
The info on the ATL site says that you wont get redundancy if you a reemployed within 4 weeks and one day. So if you finish and start in Sept, you wont get it.
If your contract ends now then you are probably entitled.

[ranidog]

yes my contract does end in september so I think my question has been answered

[buildersmate]

It has indeed been answered.
Technically you have employment continuity and your employer is the same organisation. So you haven't been made redundant, even though the Local Authority (or Authorities) seems to have made a pig's ear of redeploying you.

[buildersmate]

Your employment terms have to be 'broadly similar. If they are not because you consider that you have a shed-load of travel costs to pay for because you've been reployed miles away, then try speaking with your Union - but unless it is severe, I don't think you will get anywhere.
It should have been made clear to you that redundancy was off the cards though before you accepted it.