For discussion on teacher pay and conditions join the TES Pay and Conditions group. You’ll find chat and advice on pay scales, TLRs, threshold pay, Golden Hellos, pensions, retirement and much more.
I've been teaching full-time at a primary school since September 2007 (this is my fourth year) and have been on a temporary contract all this time! I've heard whisperings that after your fourth year teaching in a school, you can be made permanent without reapplying. I'm not sure if this is true or not... Does anyone know?
Thanks! Nic :)
You are absolutely right. There is a limit to renewal of fixed term or temporary contracts of 4 years. If your contract has been renewed in this time at least once then you have an automatic entitlement to a permanent contract. Contact your HT for clarification and your union.
This is a legal entitlement, not one which an employer can fudge. You already have the right not to be Unfairly Dismissed and non renewal of a Fixed Term contract is a Dismissal in Law. After two years you became entitled to a redundancy payment should your contract not have been renewed, but at 4 years you are regarded as Permanent.
Also contact your LEA for clarification. You should be issued with a letter confirming your change of contract.
Thanks, that's very helpful. I started off on a one-year Fixed Term contract which has been renewed each year. It's been a bit of a pain not knowing where I stand for nigh on 4 years! My HT and SMT seem as confused as me about the legalities of it all so we'll see what teh LEA say... Thanks again :) Nic
I have copied a link to the DirectGov site confirming the above.
An employee can be kept on successive fixed-term contracts for a limit of four years. If your contract is renewed after that you become a permanent employee. This is unless the employer can show a good reason why you should stay on a fixed-term contract. Only service from 10 July 2002 is counted towards the four-year limit.
You can point your HT to this if need be.
The advice was not wrong. Please read the legislation.
Unfortunately, even though the advice given above is correct, there is not a lot you can do if your school persists in keeping you on temporary contracts.
Believe it or not, I have taught at one school for nearly 10 years now on temporary contracts. Over the years I have questioned this and have had a variety of reasons given including temporary funding, falling numbers, operational requirements, change of Head, etc.
Last year, after consulting my Union on another matter, I asked again, citing the 4 year rule; the school agreed that I should be on a permanent contract but said that it didn't really matter because legally my employment rights etc are exactly the same due to the length of time I have been continuously employed.
I have given up asking.
I'd check that one out with a union. I am an AL for the OU: we are only paid for 9 months of the year, but it is regarded as continuous employment. I don't know if that's something the unions have thrashed out with the OU, or whether it's what has to happen legally.
Top of page
TES Editorial © 2012 TSL Education Ltd. All pages of the Website are
reproduce, duplicate, copy, sell, resell or exploit any material on the
Website for any commercial purposes. TSL Education Ltd Registered in England (No 02017289) at 26 Red Lion Square, London, WC1R 4HQ