Supply Teachers’ Seminar

Your contract and rights at work

NASUWT survey

NASUWT survey, which received over 1,000 responses, found that:

– 63% of supply teachers not paid at level that recognises experience

– 47% believe they are used to cover the lessons of difficult pupils

– 38% report a decline in the work available since September 2010;

– 75% working for agencies because is only route to get work– 63% not had access to training and CPD opportunities– 89% not given appropriate information to support them when

they enter the school for the first time– 41% not always have access to food and drink facilities

Poll of supply teachers

Real-time electronic poll of supply teachers attending the conference in March found that:

– 65% have seriously considered leaving teaching in last 12 months

– 63% say work has impacted negatively on health and wellbeing in the last 12 months

– 42% say job satisfaction has declined in the last 12 months– 95% do not think the government understands the needs of

supply teachers– 82% do not think that the government values and respects

supply teachers– 53% have had no access to CPD in the last year;– 23% say they often or usually have problems getting supply

work or can’t get any at all

NASUWT campaign

• Statutory regulation of umbrella companies and supply agencies;

• Pay commensurate with school-based teachers; • Statutory duty on all state-funded schools to employ

qualified teachers for all teaching activities; • Duty on all supply agencies to make supply teachers

aware of their employment rights from day one; • Entitlement to regular CPD for all supply teachers; • Supply work to be pensionable and all supply teachers

entitled to membership of Teachers’ Pension Scheme

Pay of supply teachers

• Pay of supply teachers determined by the employer• Subject to any statutory regulations or agreements that apply

nationally and/or locally• Nature of individual’s employment relationship is critical in

determining the pay, pensions and conditions of service• The main supply teacher employment relationships include:

– employed directly by a local authority – employed directly by a school maintained by a local authority– employed directly by academies, free schools, independent, etc. – employed directly by an employment agency or umbrella company– employed as a ‘contractor’ or on a self-employed basis.  

School Teachers’ Pay and Conditions Document (STPCD)

Changes since 2010 which particularly impact on supply teachers• No pay portability• No automatic annual progression• Differing pay scales school to school• Pay progression linked directly to performance through

appraisal• No national standards for ‘threshold’• More discretion in school pay policies

Rights under STPCD

Teacher employed directly by local authority or maintained school • Entitled to be paid in accordance with STPCD• Entitled to be paid on the same basis as all other teachers under

the terms of the pay policy of the local authority/school

Employed directly by academies, free schools, independent• Entitled to be paid in accordance with STPCD where school has

entered into a collective agreement with the NASUWT to employ all teachers in accordance with national schoolteachers’ terms and conditions

• Otherwise entitled to pay on the same basis as all other teachers at the school

Employment under STPCD

• The STPCD defines the pay, conditions of service (including working time) and professional duties of teachers.

• National framework• Statutory and contractual• STPCD describes supply teachers as ‘short notice’ teachers and

stipulates that they must be paid as follows:

38.1 Teachers employed on a day-to-day or other short notice basis must be paid in accordance with the provisions of this Document on a daily basis calculated on the assumption that a full working year consists of 195 days, periods of employment for less than a day being calculated pro rata

• Daily rate = X (annual salary)/195 days

Pay Portability

• The STPCD states:Any pay increase …awarded to a teacher on the main pay range, the upper pay range or the unqualified teacher pay range …or any movement between those pay ranges must be permanent for as long as the teacher remains employed within the same school but is not otherwise to be deemed to be permanent by operation of the terms of this Document or any earlier Document  

Upper Pay Range

School Teachers’ Pay and Conditions Document says:

• must pay a teacher on upper pay range if teacher is employed in a school as a post-threshold teacher, for as long as the teacher is so employed at that school

• may pay a teacher on the upper pay range if:– teacher is defined as a “post-threshold teacher” but

was not employed as a post-threshold teacher in that school

– teacher applied to another educational setting to be paid on upper pay range and application was successful

Pay Portability - Impact on Supply

• Previous salary need not apply• Dependent on school’s pay policy• Could pay at minimum of Main Range• Other schools can ignore any pay progression

• More work?• Less pay?

Pay Progression

• No automatic annual progression• Previously had to work in 26 weeks or part thereof• Pay progression linked directly to performance through

appraisal• Appraisal only applies if contract is for a term or more

• Pay more for experience?• Bargaining?

Appraisal

• Appraisal period normally twelve months• Teachers employed on fixed term contract of less than one year

but at least one term• Cannot apply to ‘short notice teachers’• Not NQT during induction• Length of period determined by duration of contract• Performance managed with same principles underpinning the

policy– Objectives– Pupil progress– Observation

• Pay progression?

PPA Time

• Units of not less than half an hour• During the school’s timetabled teaching week• Not less than 10% of the teacher’s timetabled teaching

time• Must not be required to carry out any other duties during

PPA time

• Single day supply - PPA Time?

Meetings and duties

• STPCD silent for ‘short notice teachers’• Pro-rata principle?• Part-time teacher should not have a greater proportion of

their directed time allocated outside their normal sessions than is the case for full-time teachers

• Can be required to undertake break duty, registration and assemblies

• Meetings and other activities outside of school sessions• Minimise situations where part-time teachers are subject to

directed time either side of a period when they are not required to be available for work

Induction of NQTs in England

• No time limit on start of induction period• No limit on period of time induction must be completed • Five-year maximum on short-term supply teaching after QTS• Can start induction if employed if post lasts one term or more• Regular teaching of the same class or classes• Short-term contract or in supply post of one term or more• School must count the period towards induction• Provide an induction programme • Cannot backdate the start of induction

Induction of NQTs in Wales

• Programme of development, monitoring and support • Support of mentor throughout induction period;• Flexibility for teachers working part-time, have breaks in

employment or work on short-term supply basis• 380 sessions to complete Induction• No time limit on NQT to complete Induction• NQTs without regular employment can accrue school

sessions until 380 sessions have been completed• Induction as short-term supply teacher Notification Form• Log sessions on EWC website• 50 sessions – access to mentor

Employment by an agency

• No national pay and conditions for supply teachers employed by agencies

• Individual agencies free to set their own pay and conditions

• Backdrop of general employment legislation• Agencies charge each school a day rate when providing a

teacher• Amount charged to school greater than amount paid to

teacher undertaking the supply work

Role and rate of pay

• Relevant rate of pay determined by nature of job • ‘Specified work’ teaching requiring skills and expertise of

a teacher • Be paid as a teacher• Not a Cover Supervisor or a Teaching Assistant• ‘Specified work’, includes planning, preparing and

delivering lessons and courses to pupils and assessing and reporting on the development, progress and attainment of pupils

Pensions

• Teachers’ Pension Scheme (TPS) employers will auto-enrol teachers in the TPS

• If not enrolled in TPS then details of pension scheme

• Pension contributions

• National Employment Savings Trust (NEST)

Auto-enrolment in NEST

• Employment agencies which are not in the TPS may auto-enrol teachers in NEST

• Members with a TPS pension may not want a NEST pension.

• Auto-enrolled workers can opt out of NEST or cease to pay contributions to NEST

• One month to choose not to join, or ‘opt out’• If workers miss the opt-out window they will not receive

any contributions they have paid until they are 55

What you should check

• Compare the rates offered by each agency

• Confirm the payment policies of the agency

• Paid on an hourly, sessional, or daily rate basis

• How payment is made e.g. bank transfer

• May not be paid for any time when they are not undertaking teaching

• Right to register with other agencies to secure supply work in the local area

At the schoolAs a supply teacher, on first reporting for work at a school (or beforehand if possible), you should ask for:  • Tour or map of the school

– Classrooms– first-aid/medical room,– fire exits– staffroom and toilets

• Emergency evacuation route and procedure • Timetable with timing of sessions, breaks and lunch periods;  • Lesson plans for the lessons you will be expected to teach • Details of how to access any resources• Seating plan/list of names of pupils in class(es) you will be teaching 

At the school (2)

You should ask for:• Information about pupils - medical conditions, SEN• Information about procedures for managing pupil behaviour• Expectations regarding marking and assessment of pupils’ work  • Who to contact if have questions, a problem or emergency • Pupil registration procedures and dismissal at end of day  • Confirmation of whom you should report to each day • Details of any events, meetings or other activities taking place

that may involve some or all of the pupils you will teach • If at the school for a period of time a copy of the school calendar

(including meetings, training days, etc.)  

Agency Workers

• NASUWT campaigning for action to tackle the agencies • Exploiting supply teachers • Denying them the pay and working conditions• In Autumn Statement the Chancellor belatedly agreed to

examine the use of umbrella companies • NASUWT has called for agencies to be regulated and

welcomes the proposal for licensing• Licence must also make a contribution to closing tax

loopholes exploited by some agencies which cost public purse millions of pounds a year

The Agency Workers Regulations 2010

• The NASUWT broadly welcomed the implementation in October 2011 of the EU Agency Workers Directive, through the Agency Worker Regulations (AWR) 2010

• Designed to ensure that agency workers are treated in same way as directly employed workers carrying out the same type of work

• 12-week qualifying period

Definition of agency workers

An agency worker is defined in Regulation 3 (1) as an individual who:

(a) is supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer; and

(b) has a contract with the temporary work agency which is:

(i) a contract of employment with the agency, or

(ii) any other contract with the agency to perform work or services personally

‘Hirer’ for agency supply teachers

The ‘hirer’ is person or entity to whom the agency worker is supplied and is responsible for supervising and directing the worker while they undertake the assignmentMaintained schools • In community schools, local authority is ‘hirer’. In foundation and

voluntary aided/controlled schools, hirer is governing body

Academies, free schools and trust schools • ‘Hirer’ is the proprietor, person or organisation that has entered into

a funding agreement with the Secretary of State and to whom the worker is supplied

Independent schools • ‘Hirer’ may be governing body/board, trustees or proprietor

Agency workers’ rights - Day-one

• From the first day of assignment • Equal access to collective facilities and amenities. • Includes access to childcare provision, use of canteen,

staff room, car parking and provision of prayer room. • Receive information on vacancies that become available

during an assignment• Given same opportunity as directly recruited workers to

gain permanent employment with ‘hirer’• Hirers can only refuse workers access to facilities if they

can objectively justify the refusal

Rights after 12 weeks’ employment

• Following 12 continuous weeks in same ‘role’ with ‘same hirer’• Right to same ‘basic’ pay and conditions as if directly employed• Rate of pay, hours of work, rest breaks and annual leave• Does not extend to other benefits such as:

– pension– occupational sick pay– maternity and adoption pay– paid time off for carrying out trade union activities– expenses and other benefits

• Still be eligible to receive statutory sick, maternity, paternity, shared parental and adoption pay and paid time off for antenatal appointments

How much pay after 12 weeks?

• Amount the agency supply teacher will be paid depends on pay policy of ‘hirer’

• Expect to be paid same as teachers doing similar work and similar level of skills and experience

• Teacher may request a copy of the pay policy of school at any time

• Where pay policy is unclear or is not provided upon request

• Contact the NASUWT for advice

Issues

• Does not mean that workers would become permanent employee of hirer after 12 weeks

• Qualifying period of 12 weeks must be continuous• Not all breaks will interrupt continuity completely• Some breaks merely cause continuity to pause• No minimum hours to be worked in any week• Therefore any time spent working in any week will mean that

week is eligible for 12-week qualifying period• A ‘week’ is defined as a calendar week starting on day worker

starts with hirer (for example Monday to Sunday)

Impact of break on qualifying period

Any break for any reason of up to six weeks (e.g. summer holidays)

‘Pauses’ the period

Annual leave, school holidays or other school closures

‘Pauses’ the period

Up to 28 weeks’ sickness absence or jury service

‘Pauses’ the period

Where an agency teacher is on maternity, paternity or adoption leave, these weeks all count towards qualification

The period continues

The ‘same role’

• 12-week qualifying period must be spent in same role• Role considered the ‘same’ role unless it involves a

substantially different type of work. • The NASUWT considers that all classroom teaching

would be the same role irrespective of the subject and the age range of the pupils being taught in any school

• Regulations requires that an agency must send written notification to the agency teacher if it intends to move him/her to a ‘new’ role.

The ‘same hirer’

• Move between schools within the same local authority• Within the same academy chain (MAT)• As long as the employer does not change• Role is substantially the same• Provisions for ‘connected hirers’• 12-week qualifying period continues

• Moving between different schools where there is a change of employer

• Academy, free school or independent school• Qualifying period restarts

‘Permanent’ contracts with agencies

• If worker has ‘permanent contract of employment’ with their agency

• Right to equal pay in schools does not apply• Other basic rights do apply (access to facilities and

vacancies)• Contract must provide that agency continues to pay

worker between assignments when there is no work• Rate of pay should be minimum of 50% of highest weekly

pay in previous 12 weeks• No lower than the National Minimum Wage

Permanent contract terms

• Regulation 5 of the AWR (the right to equal pay) is disapplied• The contract must include the following for the derogation to

apply: – the scale or rate of remuneration and method of calculation– the location(s) where the agency worker might be expected to work – the expected hours of work during an assignment– the maximum number of hours of work that the agency worker may

be required to work each week, during any assignment – the minimum number of hours work per week that may be offered to

the agency worker– the nature of the work that the agency worker may be expected to be

offered

Umbrella companies

• Managed Services Company legislation April 2007• Introduced to get rid of third-party service companies• Many have now reappeared as umbrella companies• Some of these companies are based outside the UK• Two thirds of supply teachers asked to sign agreements

with umbrella or offshore companies• Allow supply agencies to avoid paying tax• Teachers commonly denied their entitlements on pay,

pensions and working conditions• Asked to pay both Employer’s and Employee’s National

Insurance contributions

What you need to know

• Seek advice on terms of your contracts with recruitment agency and umbrella company

• If required to enter agreements with umbrella company as precondition for being provided work report this to your NASUWT Local Union Representative

• Making work provision to a supply teacher conditional on employment by the umbrella company is unlawful

• Always check payslip to ensure that PAYE and NI contributions have been deducted

• Liability to account to HMRC for both tax-deducted and NI contribution lies with umbrella company

What you need to avoid

• Avoid claiming tax-related expenses without first obtaining legal advice

• Avoid signing any document absolving recruitment agency or umbrella company of any liability

• Not paying the employer’s NI contribution or income tax

– Always check your payslip

Tax treatment on work-related expenses

• Claiming work-related travel and accommodation expenses is permissible by law

• Only if temporary worker carrying out work of limited duration• Number of assignments, based at different workplaces• If only single assignment expense claims will not be permitted• Can claim expenses, provided their workplace meets HMRC’s

definition of a temporary workplace, where attendance lasts no longer than 24 months

• As soon as you know that your assignment at that workplace will last beyond 24 months stop claiming travel and accommodation expenses 

Supply Advisor

You can visit the ‘Supply Advisor’ website to rate your experience of working for supply agencies in the UK and help to improve conditions for all supply teachers

www.supplyadvisor.co.uk.