Left Primary Education to FE - final pay and ‘break in services - England
Hello all,
I feel like I am getting into murkier territory so any help to clarify where I stand would be appreciated greatly.
Off sick from teaching role within fourth year of employment at an Academy Trust.
Agreed a leave date of 27.03.2026 (teachers normally have to give a term’s notice) on 13.02.2026. Accepted without issue.
The school didn’t ask if I was in new employment / what my next employment would be.
Received final pay slip and queried with payroll that it was correct. Confirmed correct but asked by payroll if I was remaining in education as I would be covered for pay until 7th April if so. Confirmed I was and was asked to get in touch with Business Manager at school.
Asked the question. School responded with:
Your new role with HMPPS is not covered by The Redundancy Payments Modification Order 1999 which xxxmust use to determine continuous service so we will not pay you until 7 April, you were only entitled to be paid by us until the end of the agreed notice period.
HMPPS may have their own policies to honour your service however that does not mean we need to extend pay on our side as the new role is within the Civil Service and not in the education sector as covered by the Burgundy Book and the School Teachers Pay and Conditions set out by DfE.
However, my new role isn’t with HMPPS. I am employed by the LTE Group (Novus) to provide education in a prison. This is a further education provider.
I clarified this with an HR representative who responded:
Hope you are doing well and settling in well to the new role, xxx has asked me to come back to your query around your pay being extended to 7 April.
I understand you requested an early leave date and specified you wanted to leave in March which was agreed to and then processed, unfortunately we aren't able to now change the date given this was mutually agreed and processed on Payroll at the time.
I have also looked at the regulation xxx use when we receive staff from other local government employers or multi academy trusts and it doesn't look to us like your new employer is covered by the regulation as a private company. However in any event, it would be up to them to agree to cover the gap in your employment if they are honouring your service rather than us as you had agreed a leaving date.
I have also noticed that my pension was briefly ‘deferred’, although my last payslip from previous employer showed contribution as did my first payslip from current employer.
As a side note, they have only just sent my P45 through. Although I sent the ‘New Starter Checklist’, I was put on Basic Tax Rate.
I am struggling to get a black and white response from HR or online etc. I haven’t approached the union I was with when employed previously as I left.
Please can anyone help? I just want it to be right!
Tysm