At this time of year, it’s common for us to have lots of enquiries from teachers wanting clarity over resignation dates. Resigning your current post is never an easy process and inevitably impacts you, the schools you work in and the colleagues who work alongside you. 

Decisions around resignation are big and as such we would strongly advise against knee-jerk reactions and instead recommend taking ample time to consider your next steps. Always consult your union if you feel you need specialist support in this area. 

Teacher Transfer Windows

In terms of notice periods, teaching is rigidly unique with the times for resignation adhering to very specific dates in the year. Whether you are planning to move to a different school, leave the profession or simply desire a career break, it pays to be aware of the resignation windows set by the Burgundy Book- Conditions of Service for Teachers in England and Wales.  

Despite being rigid, resignation dates in England and Wales are designed to provide schools with the time to source quality replacements. This can be a lengthy and expensive process involving advertising, shortlisting and interviewing and in some areas of the country finding a high-calibre substitute is a challenge.  

When Are The Key Resignation Dates?

The Burgandy Book specifies notice periods and these are followed by most publicly funded schools in the England and Wales. The dates outlined which are inclusive of school holidays are as follows; 

To leave by the 31st December, give notice of no later than 31st October 

To leave by the 30th April, give notice of no later than 28th February 

To leave at the 31st August, give notice of no later than 31st May

Essentially this means 2 months’ notice for the autumn and spring terms with 3 months’ notice for the summer term which takes into account the extended school closures associated with the summer recess. 

For Headteachers the Burgandy Book specifies that a minimum notice period of 3 months is required with 4 months if notice is given during the summer term. 

Since 2010 the number of Free schools and Academies has increased. Although they have more autonomy from the Burgandy Book and have the right to set their own notice periods, the vast majority operate in the same way as maintained schools. 

The same periods apply to employers in the case of them having to terminate your contract. If you have been employed by them for more than 8 years then you are legally entitled to an additional notice period as specified in the Employment Rights Act (1996). 

If you are facing redundancy procedures please read our blog article on: School Redundancies – Why does it happen and what are your rights?

Unusual Holiday Dates 

There can be circumstances when the final date of your contract does not correlate with a holiday. Although extremely unlikely you may have to negotiate with your employer as to whether you should return after the holiday period. Please note that a teacher resigning their appointment with effect from the end of the spring term to take up an appointment with another employer should not be required by the former employer to attend the first days of the summer term if that commences earlier than May 1st.

What If I Can’t Work My Notice Period? 

It is normally at the discretion of your school to allow this. Remember that school HR teams are under stress and finding staff to plug gaps at the beginning and end of terms may be difficult. Therefore if such a situation were to arise, we would advise a pragmatic approach in finding a solution. Ultimately careful negotiation will be needed. Please remember that if you can’t work out your notice period it could be interpreted as a breach of contract, the result of which would be detrimental to your references. In such circumstances, we advise getting in contact with your union. 

The Issue of Maternity Leave

If you are on maternity leave the notice periods laid out in the Burgandy Book still apply. If you do not return to school 13 weeks after the birth of your child the school can reclaim part of the maternity pay which represents the 12 weeks paid at 50% of your salary. 

If you are pregnant, you may not wish to take maternity leave and instead leave your current employment. In such an instance you must notify your employer at least 21 days prior to the termination of contract or as soon as practicably possible. This must take effect during the 11 week period before the birth of the expected child.

What If I Work In Northern Ireland?

If you are a permanent teacher you can terminate your contract in writing. This must be done on the last day of any month, 3 calendar months before you want to leave. The exception to this is terminating your contract on the last day of August or September when at least four calendar months notice is required. 

What if I Work In Scotland? 

If you teach in Scotland on the main scale you must give at least 4 weeks notice to terminate your employment. If you are a principal then you must give 8 weeks notice and 4 of these weeks must be working weeks. More details can be found in the Pay and Conditions of Service for Teachers and Associated Professionals Employed by Scottish Councils. 

Capability Procedures 

The term capability is defined as the ability of  a teacher or employer to carry out their duties to the standards required. In the unfortunate case of being faced with capability, you should be entitled to an informal period of support. This period is a minimum of 6 weeks (This being time enough to reasonably demonstrate an improvement in performance). Failure to improve will result in formal capability procedures. 

Under no circumstances should action of formal capability procedures come as a surprise. At least 5 days’ notice should be given of formal procedures starting. Equally 5 day notice periods should always be provided for formal capability meetings, reviews and decision meetings. If the end of formal capability procedure results in a dismissal then you will be dismissed without notice or pay in lieu of notice. If you have been subject to formal capability procedures in the last 2 years this must be disclosed to new potential school employers when requested.