Most employers will require a reasonable amount of notice to enable them to find a temporary or permanent replacement. Your contract should set out how much notice you are contractually required to give and how much you are entitled to receive.
If your contract does not set out how much notice you are entitled to give or receive, seek clarification from your employer as they are required to make sure you have this information.
As well as contractual notice periods there are also statutory minimum notice periods, which mean that for each complete year you have worked you are entitled to receive a week’s notice e.g. if you have worked for your employer for five years they would have to give you a minimum of five weeks’ notice of termination (if your contract did not say how much notice was required.)
Giving notice to your employer
It is generally better to give your notice of resignation in writing: if you are working under an initial probationary period there may be a different/shorter notice period, so please check your contract of employment to make sure.
Unless your contract says otherwise, your resignation letter would usually be addressed to your head teacher/principal rather than to your line manager, if different.
Head teachers will generally be required to address a resignation letter to the chair of governors/Trustees, or to a person stipulated in the contract of employment as the person to be notified.
In Northern Ireland, teachers are required to give notice of resignation in accordance with their individual contract of employment which provides for employment to be terminated by either party giving the other written notice of at least 3 calendar months of termination on the last day of any month, except for termination at the last day of August or September when at least 4 calendar months is required.
Notice periods
Notice periods will usually be set out in your contract of employment/ statement of particulars. This is an important document that your employer must provide you with on or before the start of your employment. If you have not received a statement of particulars by the time you are due to start work, you should chase this with your employer. If you are still having problems getting it then, let the union know, as this document could form the basis of any contractual dispute you may have with your employer in the future and is essential for asserting your employment rights.
If you are a teacher and the Burgundy Book has been incorporated into your contract of employment, you will be entitled to receive a minimum of two months’ notice, and in the summer term, a minimum of three months’ notice, terminating at the end of the relevant ‘notional’ school term (31 August in the summer term, 30 April in the spring term and 31 December in the autumn term). If, however, you have worked for your employer for 9 years or longer you will be entitled to a week’s statutory notice of termination per year of service up to a maximum of 12 weeks’ notice, which may be longer than the contractual notice depending on the term.
Head teachers employed under Burgundy Book terms are subject to a minimum of three months’ notice and in the summer term, to a minimum of four months’ notice.
These deadlines also apply to staff who wish to resign or leave their jobs and are required by their contracts to give their employer notice. there is nothing to prevent you from giving longer notice of your resignation: these are just the minimum periods.
Summary of notice periods in different sectors
| Sector | Notice periods |
| Maintained schools | Give notice by:
|
| Sixth form colleges | The same as in maintained schools |
| Academies | Usually the same as in maintained schools, but check your contract. |
| Independent schools | Notice will vary from school to school however it is not uncommon for a full term’s notice to be required, so please read your contract carefully. |
| Further education | Notice will vary from college to college, but is generally longer than in schools, please check your contract. |
| Support staff | Usually 1 month’s notice during the first 4 years of service if you are employed in the state sector, although in the independent sector, including academies, you may be subject to statutory notice periods. Check your contract. |
Leaving at half-term
Most teachers’ contracts only allow teachers to resign from their posts with effect from the end of a term. If you wish to leave your employment at half-term, you should request to do so in writing at the earliest possible opportunity and follow that up with a request to meet your head teacher to explain your request face-to-face. N.B., unless you are working under a contract with shorter notice periods you would only be able to leave at half-term with the written agreement of the Head.
Leaving without giving the required notice
Staff who leave their post without giving the required contractual notice will be in breach of contract. Although contracts of employment cannot be enforced, in that you cannot be prevented from leaving your job or working elsewhere. If you did leave without giving the requisite notice you could be sued for any losses incurred by the school/college as a result of your breach of contract and your action would be likely to negatively influence any future reference given by the head/principal.
If your circumstances are such that you cannot give the required notice, try to reach a mutual agreement with your school/college to release you early. The union would expect your employer to be reasonably accommodating, especially if you have given sufficient notice to the school/college to seek a replacement.
Leaving after maternity leave
If you take maternity leave and do not wish to return to work once it ends, you will still be required to give notice in accordance with the terms of your contract, although it is open to the employer to waive the full notice requirements. The union expects employers to be sympathetic to the needs of individuals whose circumstances will have changed once their child is born.
Changing your mind on a new job offer and notice
In theory, a legally binding contract is formed once there is an unconditional offer (by an employer) and acceptance of the post (by the employee). You will therefore be bound by the notice provisions in your contract if you have accepted the new job. Even if an offer is made subject to satisfactory pre-employment checks and references, we would still advise you to should still seek your prospective employer’s agreement to end the appointment process. The sooner you notify them of your change of heart, the better.
Notice period and pay
You will usually be expected to work the full length of your notice period, so you are likely to receive your normal pay until your notice period ends. If the Burgundy Book provisions form part of your contract of employment, you will be paid up to and including the last day of (a notional) term (as defined above), even though school holiday periods will start earlier than these dates. Additionally, if you move schools at Easter, generally your new employer will take over responsibility for paying you at the start of the summer term. If the Burgundy Book provisions do not apply to you, you will need to read your contract to clarify what your entitlements are.
Sometimes a contract will contain a section which allows your employer to pay you a lump sum of your notice pay ‘in lieu’ (instead) of you working your notice: this can be more common in the independent sector. If your employer does not want you on the premises during your notice period, you may either be re-deployed to another school/college for the duration of the notice period, or you may be placed on what is sometimes referred to as ‘garden leave’ where you would continue to be paid as normal but would not be required to attend work
If a contract is for a fixed term or a defined purpose e.g. maternity cover, or sickness cover then you should check what it says about ending the contract early. Some longer fixed-term contracts will be subject to the usual notice requirements applicable to teachers, others will have shorter notice periods (particularly where you are covering an absence), however, if you are employed under a fixed-term contract with no stipulated notice period and the employer brings it to an end early, you may have a claim for breach of contract.
If you are dismissed without adequate notice or pay in lieu of notice you may be entitled to pursue a claim for wrongful dismissal/breach of contract. You should be aware however that most contracts state that employees will not be entitled to notice or notice pay if they are dismissed for gross misconduct.
