Vol. Aided/Foundation School Classroom Teachers – P2AF/TCP/09 QUALIFIED CLASSROOM TEACHERS (OPEN-ENDED OR TEMPORARY) PART 2 - GENERAL TERMS AND CONDITIONS OF EMPLOYMENT Keys: GB – Governing Body; LEA – local education authority; STRB - School Teachers' Review Body; PM - Performance Management; NQT – Newly Qualified Teacher; QTS - qualified teacher status; GTC - General Teaching Council; TLR - Teaching and Learning Responsibility payments. Section 1: Terms and Conditions of Employment During your employment with the school your terms and conditions of employment will be in accordance with the main reference documents: (a) (b)
(c) (d)
the current version of the School Teachers' Pay and Conditions Document (the "statutory scheme") derived from the School Teachers' Pay and Conditions Act 1991; the current version of the Conditions of Service for Schoolteachers in England & Wales (the "national conditions") as negotiated between the National Employers of School Teachers and the recognised teachers' unions and associations (this is a collective agreement); conditions laid down by the General Teaching Council (GTC); the Governing Body's policies and regulations in relation to any discretionary elements of the above named documents some of which are identified in this document.
You are also subject to all other relevant current and any future associated legislation introduced by the Government, including Education Acts and associated Regulations applicable to school staff. Details can be obtained from the school . The agreements directly affecting other terms and conditions of your employment currently cover Discipline Payments to staff in the event of assaults on employees Access to personal files Alcohol policy Disciplinary procedure
Maternity Grievance procedure Adoption, Paternity & Parental leave Capability procedure Disturbance allowance (on appointment and relocation) Travel Expenses Personal accident schemes Provision for time off (other than holidays and sickness) Performance Management Managing Attendance/Suspension of Sick Pay Receipt of bequests in wills Flexible working
Code of Conduct Equality of opportunity Health and safety policy Job share scheme No smoking policy Harassment and bullying procedure Sickness
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These documents are available for reference at the School. National Agreement A National Agreement intended both to raise standards and to tackle teacher workload, has been implemented on a phased basis (further details can be found in the document (a) above). The main elements being – Phase one – 2003 Routine delegation of certain non-teaching tasks Introduce new work/life balance clauses Introduce leadership and management time Phase two – 2004 Introduce new limits on covering for absent teachers Phase three – 2005 Introduce guaranteed professional time for planning, preparation and assessment (PPA) Introduce dedicated headship time Introduce new invigilation arrangements Review of the School Staffing Structure There is a legal duty on the GB to review the school’s staffing structure and prepare, by 31 December 2005, a plan for the full implementation of any changes arising from the review by 31 December 2008. The reviews must be conducted with a view to ensuring that the management and deployment of all staff and the allocation of responsibilities and duties is effective and focused on teaching and learning to raise standards. All staff and representatives of recognised trade unions will be consulted during the review. The review includes the phasing out of Management Allowances which may be replaced by new Teaching and Learning Responsibility (TLR) payments, where appropriate. Induction of Newly Qualified Teachers (NQTs) Statutory regulations cover the induction of NQTs. Teachers who obtain qualified teacher status (QTS) after 7 May 1999 must successfully complete an induction period of 3 school terms (or equivalent) in order to remain eligible for employment as a teacher in maintained schools. The LEA are responsible for deciding whether the NQT has met the Induction Standard on the basis of the Headteacher’s recommendation. NQTs will have a timetable of 90% of normal average teaching time to allow their induction programme to take place. The duties of teachers include a duty to participate in their own and other teachers’ induction. NQTs who fail their induction period but who continue to be employed pending the outcome of their appeal will be restricted in the professional duties they are required to undertake. If the appeal fails, or the NQT chooses not to appeal, his/her employment will terminate (NB normal rights of appeal and notice do not necessarily apply.). Costs of appeals will be borne by appellants and, even if successful, such costs will not be reimbursed.
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Section 2: Continuous Employment Statutory Rights Continuous employment for statutory rights, other than a redundancy payment, dates from the start of your employment with the school or any other e.g. Cheshire East Borough Council maintained establishment (date “B” in Part 1) UNLESS you are employed in two, or more, separate jobs. In these circumstances, continuous employment in respect of each separate job dates from the start date in each job. For redundancy payment purposes, continuous employment with an organisation covered by the Redundancy Payments (Local Government) (Modification) Orders [RPMO employment], which covers local authorities and related bodies, counts as continuous employment with the school (date “C” in Part 1). If you do not have such employment, the effective date is the start of your employment with the school (date “B” in Part 1). HOWEVER if you are employed in two, or more, separate jobs, continuous employment in respect of each additional job dates from the start in each additional job. Contractual Rights If you have continuous previous employment with an organisation covered by the RPMO (date “C” in Part 1), this will be included in calculating your entitlement to: sickness allowance (aggregate period) - see Section 3 maternity provisions (continuous period only) - see Section 16 NOTE: For employees with two, or more, separate jobs, the continuous employment date for the calculation of contractual entitlements in the second, or additional jobs, dates from the start of employment in each additional job. Section 3: Sickness Absence a) Statutory Sick Pay (SSP) Details of this scheme can be obtained from your local DSS Office. The school has determined that Monday to Friday, inclusive, are "qualifying days" for SSP purposes. b) Occupational Sick Pay (OSP) Your entitlements during any absence due to sickness or injury are set out in the national conditions (see Section 1). Entitlement to OSP is based on aggregated LEA teaching service (excluding breaks in service). c) Procedures if you become unfit to work If you are sick you should notify your Headteacher as soon as possible, and in any case not later than one hour after you are due to start work. If it is considered that you have abused the sick pay scheme, your conditions of employment allow for the suspension of your sick pay. Any appeal against suspension of sick pay must be made in writing to your Headteacher within 10 working days of receipt of the letter confirming the suspension.
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Section 4: Duties The duties of your job are as detailed in the statutory scheme (see Section 1) and in any supplementary job description issued to you. Appraisal of performance will accord with the statutory regulations (see Sections 1 & 7 a)). Teachers with management responsibilities can be required to assist the Headteacher in carrying out threshold assessments of other teachers. Notwithstanding the detail in the job description, in accordance with the School’s Flexibility Policy, you may be required to undertake such work as may be determined by your Headteacher from time to time up to or at a level consistent with the principal responsibilities of the job. All staff are expected to observe the school’s Codes of Standards of Conduct. Section 5: Flexibility of Place of Work/Job Under the School’s Flexibility Policy, it is a term of your employment that you may be required to work on different duties or in any other job within your competence. Such jobs will be either in your present location or any other location as may be appropriate. Before implementation of any change, regard will be paid to your qualifications, experience, current duties and personal circumstances, through consultation with you and, if you so wish, your trade union representative. Section 6: Hours of Work You are subject to the statutory scheme (see Section 1). All classroom teachers 1. You will not be required to work on any Saturday, Sunday or public holiday unless this is stated in Part 1 of this contract. 2. You will not be required to undertake midday supervision. 3. If you are required to be available for work for more than one school session on any school day, you will be allowed one break of reasonable length either between school sessions or between the hours of 12 noon and 2.00pm. The amount of time you spend taking the break or traveling to or from your place of work does not count towards the 1265 hours, or the pro rata equivalent, referred to below. 4. In addition to the hours you are required to be available for work (as specified below), you must work such reasonable additional hours as may be necessary to enable you to discharge effectively your professional duties, including, in particular, planning and preparing courses and lessons and assessing, recording and reporting on the development, progress and attainment of pupils. Your employer will not determine how many of these additional hours must be worked or when these hours must be worked. 5 . The Headteacher will have regard to the work/life balance of all staff and ensure that the workload of part-time staff is reasonable and that they are treated fairly in comparison with full-time staff. 6. Alsager School has a duty to ensure that staff are not exceeding the limits on working hours embodied in the Working Time Regulations. You are advised to disclose to your Headteacher/GB any other employment you may have.
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Full-time classroom teachers 7. If you are employed full-time you must be available for work for 195 days in any school year, of which (a) 190 days are days on which you may be required to teach pupils and perform other duties; and (b) 5 days are days on which you may only be required to perform other duties; and those 195 days will be specified by the Headteacher. 8. You must be available to perform such duties at such times and such places as may be specified by the Headteacher for 1265 hours in any school year, those hours to be allocated reasonably throughout those days in the school year on which you are required to be available for work. The Headteacher will plan the allocation of these hours taking into account the following pattern: (a) You should work a "core" school day which will be made up of two sessions normally with a total of 5 1/2 hours [including at least 10% PPA time]. (b) In addition there will be an allowance, normally of 30 minutes a day, to organise and oversee the orderly entry and exit of pupils at the beginning and end of each session. (c) Each of the 5 "non-pupil" days included in the 195 days mentioned above, shall be of 6 hours duration. (d) The remaining hours will be used for planned school meetings, professional duties and other activities. Examples of this allocation include staff meetings, heads of department meetings, faculty and departmental meetings, INSET, pastoral meetings, personal and professional development meetings for teachers, and parent consultations. (e) After consultation with you, the remaining hours will be determined by the Headteacher who will be responsible for accounting for them. 9. Paragraph 7 above does not apply to a teacher employed full-time wholly or mainly to teach or perform other duties in relation to pupils in a residential establishment. Part-time classroom teachers 10. If you are employed part-time, paragraph 8 above applies, except that the number of hours you must be available for work in any school year must be that proportion of 1265 hours which corresponds to the proportion of your total remuneration which is specified in Part 1. 11. Subject to paragraph 12 below, you will not be required to be available for work on any day of the week or part of any day of the week that you are not normally required to be available for work under this contract (whether it is for the purposes of teaching pupils and performing other duties or for the sole purpose of performing other duties). 12. Subject to paragraph 10 above, you may be required to carry out duties, other than teaching pupils, outside school sessions on any day that you are normally required to be available for work (whether it is a whole or part of that day). The total amount of time that you may be required to be available to carry out such duties, when expressed as a proportion of the total amount of time that you would be required to be available for such work if you were employed in the same post on a full-time basis, must not exceed the equivalent of that proportion of your total remuneration which is specified in Part 1.
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Fast Track Teachers The above working time provisions do not apply to advanced skills teachers, who are required to work for as many hours as are necessary to discharge their duties. They are entitled to a break of reasonable length as near to the middle of each school day as is reasonably practicable. Section 7: Performance Management & Pay a) Performance Management (PM) Under the school's PM Policy, each year, a nominated teacher will seek to agree performance objectives with you. S/he will monitor your performance against those objectives and carry out a review at the end of the review cycle. The GB will use the outcome of reviews to inform their decisions on pay. b) Pay An initial salary assessment statement will be issued to you by the school. Under the school's Pay Policy, the GB will review your salary with effect from each 1 September, when you take up a new post or at any other time. You are entitled to a copy of each assessment statement and have a right of appeal against the outcome of assessments. Certain allowances may also be payable (see Section 9), as indicated on your statement. Teachers on the main (lower) pay scale: (i) Newly appointed teachers join the main pay scale at point M1 (or higher if appropriate). (The pay differential for good honours graduates has been discontinued for newly qualified teachers.) . Newly qualified teachers on the Fast Track start one point higher than they would if not on the Fast Track. (ii) Unless the GB decides that the previous year's service has been unsatisfactory, if you have fewer than 6 points, you will be entitled to one point on the scale for each school year in which you have completed periods of employment as a school teacher amounting to at least 26 weeks in total. This also applies to part-time and short-notice teachers. The 26 weeks do not have to run consecutively and they do not all have to be served at the same school. If the GB decides that your service has been unsatisfactory and that an experience point should not be awarded, you will be given written notice of this decision and of the reasons for it. (iii) From September 2001, the GB may award an extra point on the scale in a given year, for excellent performance (see a) above) over the previous school year. Performance Threshold: If you were entitled to be on point 6 of the main pay scale as of 1 September you will be entitled to apply for threshold assessment under the prevailing statutory arrangements. The aim is to recognise excellent classroom teaching, and threshold assessments will depend wholly on your performance against national standards. (Teachers with management responsibilities can be required to assist the Headteacher in carrying out threshold assessments of other teachers.) If your application is successful, you will transfer to the upper pay scale. If you are unsuccessful, you will be entitled to seek a review of your assessment. 6
Teachers on the upper pay scale (UPS): Progression on the UPS is not automatic, but is at the discretion of the GB. Points may be awarded to recognise substantial and sustained performance and contribution to the school as a teacher. Normally, at least two years will elapse between you being appointed to the first point on the UPS, and progressing to the next point on the UPS. Teachers who move schools in September are eligible to be considered by their new GB for movement to point 2 at their new school. Teachers in receipt of acting allowances or appointed to acting head or deputy head posts will also be considered and points awarded taken up on their reversion to classroom teaching posts. If you have part-time posts at more than one school, the award does not commit another school at which you work to award a point. That school will make its own assessment. Points only become portable when you move between schools. c) Safeguarding Under the statutory scheme (see Section 1), you may be entitled to certain safeguarding of your pay if you lose your post or suffer a loss of pay, as a result of the closure or reorganisation of the school, or in other circumstances. d) Calculation of Pay i) You will be paid on the 15th day of each month or the next working day, if the 15th falls on a Saturday, Sunday or Bank Holiday, by credit transfer to a bank or building society of your choice. ii) You will receive not less than one third of a year's salary for each full term's service. iii) For the purpose of these arrangements the three terms in each year shall be constituted as follows: the Summer term from May 1 to August 31; the Autumn term from September 1 to December 31, the Spring term from January 1 to April 30. iv)
Teachers taking up work on first appointment, or on re-appointment, or on transfer from another employer: a)
b)
v)
at the commencement of a school term will be paid salary: after the Summer vacation from September 1; or from the first school day of the Autumn term if this be earlier than September 1; after the Christmas vacation from January 1; after the Easter vacation from May 1; or from the first school day of the Summer term if this be earlier than May 1; during the school term will be paid salary from the first school day worked by the teacher.
All teachers resigning their appointments will be paid salary: at the end of the Summer term to August 31; or, in the case of a teacher resigning to take up an appointment with another employer to the day preceding
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vi)
the day on which the school under the new employer opens for the Autumn, term if this be earlier than September 1; at the end of the Autumn term to December 31; at the end of the Spring term to April 30; or, in the case of a teacher resigning to take up an appointment with another employer, to the day preceding the day on which the school under the new employer opens for the Summer term if this be earlier than May 1. A teacher resigning his/her 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 1.
Teachers resigning their appointments will be required to give notice in accordance with the periods specified in Section 11.
e) Part-time teachers Salary and Allowances are paid on a strictly pro-rata basis. f) Deductions of pay Where unpaid leave of absence occurs either with the permission of the GB or without such permission (e.g. strike action) deductions of salary shall be calculated at 1/195th of a year's pay for each day of the period of absence. Section 8:
NOT APPLICABLE
Section 9: Allowances The following allowances (no more than one of each category) may be paid (pro rata to part-time teachers) under the school's Pay Policy. (Details of any allowances awarded will appear on your salary assessment statement and/or in Section 6 of Part 1.) Teaching & Learning Resonsibility payment (TLR) One TLR2 or one TLR1 may be awarded on a permanent basis, to a classroom teacher for undertaking a sustained additional responsibility in the context of the school’s staffing structure for the purpose of ensuring the delivery of high-quality teaching and learning. In the case of a TLR 1, the significant responsibility includes line management responsibility for a significant number of people. The responsibility for which the TLR is awarded will be set out in the post holder’s job description Recruitment & Retention (R&R) Incentives and Benefits A payment or other financial assistance, support or benefits as an incentive for the recruitment or retention of a teacher, Where this consists of periodic payments or other benefits over a period of time it may only be awarded for a fixed period not exceeding 3 years and must not be renewed. Special Education Needs (SEN) Allowances (i) A teacher in a special schools; taking charge of special classes of children who are hearing-impaired or visually-impaired; and those who have been appointed to designated special classes in mainstream schools, will be awarded SEN Allowance 1. Also, the 8
school's Pay Policy may provide for the award of SEN Allowance 1 in other circumstances in mainstream schools. (ii) The school's Pay Policy may provide for the award of SEN Allowance 2 where the GB considers that the teacher's experience and/or qualifications enhance the value of the work undertaken with SEN pupils. (iii) TLR and R&R Allowances may be awarded as well as SEN Allowances. Acting Allowances The school's Pay Policy may provide for the payment of an allowance where, voluntarily, you agree to temporarily undertake the duties of another teacher. Payment for Continuing Professional Development (INSET) The school's Pay Policy may provide for a payment where you voluntarily undertake INSET at weekends or during school holidays. This does NOT apply to Fast Track teachers. Payment for initial teacher training (ITT) activities The school's Pay Policy may provide for a payment where you voluntarily undertake ITT as an ordinary incident in the conduct of the school. Student teachers undertaking ITT and advanced skills teachers, for whom it is a duty, are not eligible for such payment. Payment for out-of-school hours learning activities If you are full-time, the school's Pay Policy may provide for a payment where you voluntarily undertake out-of-school hours learning activity (this does not apply to advanced skills or Fast Track teachers). Other arrangements may be made for part-time teachers. General Teaching Councils’ (GTC) fee allowance The GB will make an annual payment to a teacher who is required to be registered with the GTC in respect of the registration fee. Before such a payment is made to a part-time or supply teacher, s/he may be asked to provide confirmation/evidence that s/he has not already received the payment from another employer. See Section 18. Section 10: Holiday Entitlement Subject to the working arrangements in Section 6, your holidays will coincide with the periods of school closure and public holidays. Details of the dates of school closures and non teaching days are available for inspection at the school. You will normally be paid full salary during closure periods, unless you are on sickness, maternity or unpaid leave, in which case you will receive whatever payments are due under the relevant conditions of employment. Section 11: Notice of Termination of Employment If the notice period is not specified in the Part 1 document , then subject to special provisions relating to a) Fast Track teachers (see below), b) teachers undergoing induction and c) gross misconduct, including dismissal for ill-health and redundancy, your appointment may be 9
terminated at the end of a school term by the school, or by you, upon notice in writing to that effect being given by either party, not less than two calendar months before the end of the Spring or Autumn term, and not less than three calendar months before the end of the Summer term (term dates are specified in Section 7). Teachers with longer service will be entitled to extra notice as follows: Period of continuous service 2 to 12 years 12 years or more
Minimum Notice 1 week for 1 year of cont. service 12 weeks
However, the school reserves the right to terminate your employment summarily (other than for gross misconduct) in which case you will be entitled to pay as compensation for the period of notice to which you would have been entitled. This payment will be at the rate of your contractual pay at the date of the summary termination. The payment in lieu of notice will be gross pay less income tax, national insurance contributions and any other appropriate deductions authorised by you or deductible in law. Failure to work the prescribed notice may result in the withholding or deduction of part or all of your final salary payment in respect of the period not worked. The normal retirement date is the end of the term in which you attain 65 years of age, but service may be extended by mutual agreement. Normal pension age is 65 years for teachers who first enter the pension scheme on or after 1 January 2007 and 60 years for those who entered the scheme before this date, unless they have a break in service of more than 5 years, in which case normal pension age is also 65 years. Teachers may retire from the age of 55 years; however, those who are eligible for an occupational pension will receive reduced benefits if they retire below normal pension age. Teachers who retire before the age of 65 may be entitled to certain additional compensation benefits. Members of the pension scheme are able to draw some or all of their pension benefits while continuing to work as a teacher in a reduced capacity taking at least a 25% reduction in salary. Fast Track Teachers Where your appointment as a Fast Track teacher is due to terminate or the post you occupy is to cease being a Fast Track post, you will be entitled to any extra notice provisions set out in the STPCD. Section 12: Pensions Under the Social Security Act 1986 you are allowed to choose your pension arrangements. You will be provided with further details of the options available to you. The choices are: (a) (b) (c)
the DCSF Teachers' Pension Scheme (a contracting out certificate is in force); a personal pension (arranged by you); or the basic State Earning Related Pension Scheme (SERPS).
Unless a teacher elects to opt out, s/he will enter the DCSF scheme. Further information about the scheme may be obtained from the school, Area Office or County Personnel, County Hall.
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Section 13: Disciplinary Procedure The disciplinary rules applicable to you are set out in the Disciplinary Procedure, details of which can be found in the documents referred to in Section 1. An appeal against disciplinary action must be made in writing to your Headteacher (or Chair of Governors) within 10 working days of receipt of the letter confirming disciplinary action. Section 14: Capability Procedure If your capability or performance is considered to be unsatisfactory, the school will apply the Capability Procedure, details of which can be found in the documents referred to in Section 1. An appeal against compulsory redeployment or dismissal must be notified in writing to your Headteacher (or Chair of Governors) within 10 working days of the receipt of the letter confirming action under the procedure. Section 15: Grievance Procedure If you have a grievance relating to your employment you should discuss the matter initially with your Headteacher (or Chair of Governors). Further steps are governed by the Grievance Procedure, details of which can be found in the documents referred to in Section 1. Section 16: Maternity Rights Women who become pregnant may be entitled to maternity pay and leave and to reasonable time off for ante-natal care, subject to complying with certain notification requirements. To benefit from the occupational scheme, the initial obligations on the employee are that she: (a)
Continues to be employed by the school (whether or not at work) until immediately before the start of her absence;
(b)
Notifies the GB in writing as soon as practicable but not later than 15 weeks (unless there is good cause) before the expected week of childbirth (EWC) that she wishes to be absent for maternity. If requested by the GB, she must produce a certificate from a registered medical practitioner or a certified midwife stating the expected week of childbirth;
(c)
Notifies the GB at least 21 days before her absence begins, or as soon as is reasonably practicable, of the date of the beginning of her absence which shall be no earlier than 11 weeks before the EWC and will normally be a Sunday;
(d)
Declares in writing, at the time of notification of her intended absence (under (b) above), that she intends to return to work with the school (if that is her intention and if she is able to return to work with the school); and
(e)
Does not remain at work if certified medically unfit to do so (taking into account the provisions of the Management of Health and Safety at Work (Amendment) Regulations 1994).
Full details of the scheme are set out in the agreements referred to in Section 1.
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Section 17: Background Checks & Disclosure Of Convictions It is a condition of your employment that during your employment you comply with any requirement to undergo statutory checks and any checks specified by regulatory or licensing agencies with which the school must comply. During your employment with the school you are required to disclose immediately if you are convicted /cautioned for any offence that may be related to your employment. If you are in any doubt about whether or not the conviction/caution is related you should discuss this in confidence with your Head/manager. If you are charged with any offence related to your employment you are strongly advised to discuss this in confidence with your Head/manager. People who have criminal convictions/cautions will be treated fairly. A full appraisal of the situation including risks involved and the relevance of the conviction will be undertaken before action is taken. If you do not disclose any relevant conviction or refuse to undergo a statutory check it could lead to your dismissal. In the case of teachers and other workers with children and young people, the school has a statutory duty to make a report to the DCSF where a person is dismissed from such employment on grounds of misconduct, or where someone resigns in circumstances where s/he would have been dismissed, or considered for dismissal, on those grounds. A report may lead to barring or a restriction of employment – see Section 18. Section 18: General Teaching Council (GTC) Since 1 June 2001, all qualified teachers employed under the statutory scheme and teaching in maintained schools, non-maintained special schools and pupil referral units, must, by law, be registered with the GTC. The GTC has power to take disciplinary action on teacher incompetence, and on some cases of teacher misconduct. (The Secretary of State handles cases involving the safety and welfare of children.) Teachers who are required to register will be entitled to any one-off annual payment towards their GTC fees included in annual pay awards.
PG/02/09
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