In line with the SNCT anyone acting up into a post for more than 2 years is entitled to conservation of the salary for that post for 3 years starting from the date when you are asked to step down. Appropriate notice for the post should also be given to the jobholder indicating that the acting up position is coming to an end, i.e. 8 weeks for a promoted post including 4 working weeks. This serves two purposes: 1. to compensate for the loss of salary after a considerable period of time and 2. to prompt a decision on making posts permanent rather than keeping temporary posts going for substantial periods.
It seems that some authorities are deliberately breaking contracts before the 2 year period is up in order to stop members becoming entitled to conservation then, after a week or so, immediately reappointing the same individual. It is not legally acceptable that contracts are broken solely for this purpose. Frequently those acting up remain on distribution lists and have pupils referred to them during their “break in contract”. If you are asked by your Head Teacher or Human Resources to step down solely for this reason please make contact with the office. If you are asked to stop doing the post because the work is no longer required to be done or because someone else has been appointed to the post then these are legitimate reasons and we would not expect you to be asked to step up again after a short break.
Published 18 October 2017