School teachers' conditions of employment

EMPLOYMENT ADVICE

School teachers’ conditions of employment Advice and information for members

Association of Teachers and Lecturers

This booklet replaces ATL’s ‘School Teachers’ Conditions

of

Employment’

which

was

published in 2002. © Association of Teachers and Lecturers

1

INTRODUCTION

2

2

THE WORKLOAD AGREEMENT

3

3

TEACHERS’ PROFESSIONAL DUTIES

4

4

THE WORKING YEAR

6

5

HOURS OF WORK / ’DIRECTED TIME’

7

6

DIRECTED STAFF DAYS

15

7

WORKING AT WEEKENDS OR DURING SCHOOL HOLIDAYS

16

8

DEPUTY HEADTEACHERS, ASSISTANT HEADTEACHERS,

(ATL) 2003. All rights reserved. Information contained in this booklet may be reproduced or quoted with proper acknowledgement to ATL. To receive the text of this document in large font, please call 020 7930 6441 or write to ATL, 7 Northumberland Street, London WC2N 5RD.

ADVANCED SKILLS TEACHERS AND FAST-TRACK TEACHERS

18

9

CHANGES TO THE SCHOOL DAY

19

10

TIME OFF

20

11

COVER

22

12

FURTHER CONTRACTUAL CHANGES FROM SEPTEMBER 2005

26

13

INDUSTRIAL ACTION BY COLLEAGUES

28

14

JOB DESCRIPTIONS

29

15

INDUCTION ARRANGEMENTS FOR NEWLY-QUALIFIED TEACHERS

30

16

INITIAL TEACHER TRAINING ACTIVITIES

31

17

PART-TIME TEACHERS

32

18

JOB SHARING

35

19

FIXED-TERM CONTRACTS

36

20

TEACHERS RESIGNING THEIR APPOINTMENTS

38

21

APPENDIX

39

The Association of Teachers and Lecturers exists to promote the cause of education in the UK and elsewhere, to protect and improve the status of teachers, lecturers and non-teaching professionals directly involved in the delivery of education and to further the legitimate professional interests of all members.

For a free copy of the Association of Teachers and Lecturers’ publications catalogue, please call the ATL publications despatch line on 0845 4500 009.

Association of Teachers and Lecturers

1

INTRODUCTION

2

THE WORKLOAD AGREEMENT

Teachers employed by local education authorities (LEAs) and governing bodies in maintained

From September 2003, the Government is progressively implementing the national

schools in England and Wales are employed under statutory conditions of employment

agreement forged with education unions. Significant changes to teachers’ contractual

established in the School Teachers’ Pay and Conditions Document. This Document (which is

obligations will be introduced in three major stages:

normally revised annually) sets out the salary arrangements for maintained school teachers and, significantly, the duties they can be required to undertake. Legislation presently specifies that (as far as their pay and duties are concerned) the contracts of maintained school teachers cannot

From 1 September 2003: •

and administrative tasks.

contain any terms which are inconsistent with the statutory Document*.

The statutory arrangements for teachers’ pay and duties should not be confused with the

•

Headteachers must consider the ‘work/life balance’ of teachers when allocating duties to them.

National Conditions of Service for School Teachers, usually known as the Burgundy Book.

This is a collective agreement detailing maintained school teachers’ entitlements in other

Teachers should not be routinely required to undertake specified clerical

•

Those with management/leadership responsibilities should be allocated reasonable time within the school day to discharge them.

areas, such as notice, sick pay, and time off, etc. In basic terms, the Burgundy Book deals with teachers’ rights, whereas the Pay and Conditions Document sets out their obligations.

From 1 September 2004: Teachers (as well as other employees) are entitled to receive a written statement of the terms of employment under which they are working, within two months of starting a job. This statement

•

Cover for absent colleagues will be limited to 38 hours per school year.

should include key information such as the job title, the salary, the name of the employer, the place and hours of work, the arrangements for notice, sick pay and pension, and brief details of the grievance and disciplinary procedures. In the case of maintained school teachers, the statement

From 1 September 2005: •

should make reference to both the Pay and Conditions Document and the Burgundy Book.

Independent schools (and other private employers of teachers such as employment agencies)

Teachers will be entitled to a minimum of 10 per cent of their timetabled teaching time for planning, preparation and assessment.

•

Teachers will no longer be routinely required to invigilate external examinations.

have no legal obligation to apply the statutory Pay and Conditions Document or the Burgundy Book, although these may be incorporated as part of their contractual arrangements.

Alongside these amendments, new Regulations (effective from August 2003) will, for This booklet offers a practical explanation of the duties and obligations outlined in the Pay

the first time, define certain ‘specified work’, such as delivering lessons which can be

and Conditions Document and includes detailed advice on how its requirements should be

undertaken only by teachers or by specified support staff, who must be authorised by the

interpreted.

headteacher and who will work under the direction and supervision of a qualified teacher.

The sections of the Pay and Conditions Document laying down the duties of headteachers, deputies and school teachers respectively are reproduced as an Appendix to this booklet (please see page 39).

Throughout this booklet, reference is made to a teacher’s ‘directed time’ of 1,265 hours and a working year of 195 days. Teachers may be required to teach on 190 of these days. * Under Chapter 2 of the Education Act 2002, maintained schools which ‘qualify’ under Government criteria will be able to seek the Secretary of State’s permission to opt out of the Pay and Conditions Document (after consulting the LEA and staff). It is therefore possible that in future there will be teachers in some maintained schools who are employed on conditions that differ from the national standard on pay and duties.

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3 Association of Teachers and Lecturers

3

TEACHERS’ PROFESSIONAL DUTIES

Assemblies 3 The Pay and Conditions Document does not require teachers to attend collective worship. However, attending assemblies is included in the list of professional duties.

1 Paragraph 60 of the Pay and Conditions Document establishes that teachers ‘shall carry

Accordingly, it may well be reasonable for teachers in all maintained schools to be required

out the professional duties of a school teacher ... under the reasonable direction of the

to attend the general school assembly and even to supervise pupils going to and from an

headteacher’. The list of duties which ‘shall be deemed to be included in the professional

act of collective worship. However, teachers in maintained community schools (and those

duties which a teacher (other than a headteacher) may be required to perform’ are currently

in foundation schools, unless they are ‘reserved’ teachers appointed to teach religious

set out in paragraph 62 of the Document and are reproduced in the Appendix of this

education (RE), cannot be required to attend or participate in religious worship or to teach RE.

booklet. Members are urged to study it carefully. The duties of an individual teacher will be selected from this list. Some of the requirements listed are general in nature while others are headings from which more specific duties can be drawn and allocated. Teachers can be required to perform specific duties provided that they are ‘reasonably’ assigned to them and are in accordance with any directions which may ‘reasonably’ be given by the headteacher.

Wherever there is a doubt about interpretation, advice should be sought from the local branch or directly from the Association of Teachers and Lecturers (ATL).

4 On the other hand, teachers in voluntary-aided schools (and ‘reserved’ teachers in foundation schools), have no statutory protection if they refuse to teach RE or decline to attend religious worship.

Deputy headteachers, assistant headteachers, advanced skills teachers and fast-track teachers 5 Deputy headteachers, assistant headteachers and advanced skills teachers can be

Reasonableness

required to undertake professional duties from the list that applies to all teachers. However,

2 The fundamental criterion governing the allocation of professional duties is that of

any other duties delegated to them by the headteacher must form part of the total workload

‘reasonableness’. The directions given to teachers by the headteacher (or a senior member

to be considered when the question of reasonableness is assessed. The additional duties

of staff acting for the headteacher) must always be reasonable, but unreasonableness

which may be required of deputy headteachers and assistant headteachers are set out in

may not necessarily be easy to identify. Broadly speaking, reasonableness should be

paragraph 56 of the Pay and Conditions Document (reproduced in the Appendix of this

considered in three contexts:

booklet). The additional duties that may be required of advanced skills teachers and fast-track teachers are set out in paragraph 57 of the Document.

•

The headteacher’s total expectation of an individual teacher, in terms of general and specific duties, should not be such that it creates, in combination, duties which cannot be discharged effectively.

•

The allocation of the more specific duties must be considered in the context of a teacher’s salary, the nature of the responsibilities s/he was employed to undertake and any existing job description. In cases where disagreements cannot be resolved amicably, the grievance procedure may have to be used.

•

There is a new requirement for headteachers to ‘have regard to the desirability of teachers at the school being able to achieve a satisfactory balance between the time required to discharge their professional duties ... and the time required to pursue their personal interests outside work.’ This ‘work/life balance’ principle is discussed further at paragraph 26 below.

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5 Association of Teachers and Lecturers

4

THE WORKING YEAR

5

HOURS OF WORK/’DIRECTED TIME’

6 Full-time teachers (other than headteachers, deputy headteachers, assistant

11 The headteacher can direct full-time teachers to undertake specific duties at a

headteachers and advanced skills and fast-track teachers) have to be available for work on

particular time and place, only for a maximum of 1,265 hours in any school year. This is

195 days in any school year and may be required to teach pupils on 190 of those days.

commonly referred to as ‘directed time’. The 1,265 hours must be allocated reasonably within

The Pay and Conditions Document stipulates that the 195 and 190 days respectively are

the 195 days on which attendance may be required (see paragraph 64.1 in the Appendix).

the maximum; a headteacher cannot direct teachers to undertake duties on any of the other 170 calendar days (171 in a leap year) not specified as working days by the employer. These provisions do not explicitly apply to part-time teachers (for more details, please see page 32).

12 The previous paragraph notwithstanding, there is, regrettably, a catch-all provision in the Pay and Conditions Document which specifies that a teacher can be required to ‘work such reasonable additional hours as may be needed to enable him to discharge effectively his professional duties’. The Document goes on to state that the amount of time required for

7 It is for the education authority to determine the dates of school terms and holidays for

this purpose beyond the 1,265 hours and the particular times outside the 1,265 specified

community, controlled and maintained special schools; individual governing bodies take

hours when duties shall be performed ‘shall not be defined by the employer’. However, note

this decision in the case of foundation and voluntary-aided schools. The ‘academic year’ is

also that it must be ‘reasonable’.

a period of 12 months from 1 September (unless the school term begins in August, in which case the year starts on the 1 August).

Essentially, a distinction is drawn between: •

8 ATL has considered the implications of these provisions very carefully and the following points of principle have been established. ATL urges all branch secretaries and representatives in LEA-maintained schools to endeavour to ensure that these principles are

(i.e. ‘directed time’), which is limited to 1,265 hours per year and •

there should be full and appropriate consultation/negotiation between LEAs/schools and the recognised teachers’ associations on holiday dates

•

the dates on which pupils will be required to be present during the academic year should be confirmed at least 12 months before the start of the year in question

•

the requirement for teachers to undertake additional work, at times and places of their own choosing, in order to discharge their professional duties effectively.

put into practice within each LEA or school: •

the requirement to be available for work at specified times and places

the dates of the academic year should be the same for all LEA schools within a particular authority.

13 Pressure should be brought to bear on school management to ensure that the timetable and calendar of events for the year ahead are drawn up early during the preceding summer term. When looking at the calendar of future events and the length of each school session, all members are advised to calculate their anticipated directed time for the year ahead.

Teachers should ensure that their hours and job descriptions are reasonably consistent and provide an appropriate balance between activities. It may be useful to note that the maximum of 1,265 hours was agreed in the Advisory Conciliation and Arbitration Service

9 Negotiations with the governing bodies of foundation and voluntary-aided schools will obviously be more difficult, but the advantages of uniformity should be brought to the governors’ attention. Teacher governors will have a key role to play and school representatives should make ATL’s policy clearly known to them.

(ACAS) talks between unions and employers in 1986. The basis of the calculation was a 38-week academic year with 23.5 hours of pupil contact time, five hours of other pupil-related activities and four hours of INSET and other meetings which take place out of school sessions per week. There was also an expectation of a further five days of work with six hours available for each.

10 LEAs and governing bodies must be left in no doubt that, once a schedule of dates has been agreed, variations should only be considered by agreement with the unions. A situation where there could be changes to the pattern of the working year at short notice would not be acceptable to ATL. Consideration must also be given to a procedure for dealing with unavoidable closures. If unacceptable changes are proposed and the problem

14 The duties that teachers can be expected to undertake outside ‘directed time’ specifically include: •

planning and preparing courses and lessons

•

assessing, recording and reporting pupils’ progress.

cannot be resolved locally, members should contact ATL.

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7 Association of Teachers and Lecturers

Since the 1,265 hours of directed time are designed to accommodate professional duties,

should indicate the nature of the duties involved. Normal school sessions should be

it follows that teachers are not prevented from undertaking these tasks (or at least starting

included in full, unless it has been specifically agreed that a particular period within the

them) in directed time. Headteachers who completely fill the 1,265 hours, allowing no time

school day should be excluded.

for these tasks at all, may be acting unreasonably in view of the overall workload placed on individual teachers. It is also worth bearing in mind that some professional duties not specifically identified by the headteacher may need to be undertaken within the 1,265-hour

For those teachers (deputy and assistant headteachers, ASTs and fast-track teachers) not covered by the 1,265 annual limit of directed time, overall hours should be reasonable.

allocation. It would clearly not be sensible for the full 1,265 hours to be allocated in advance – something in the order of 50-60 hours should be set aside for contingencies.

15 The full number of annual ‘directed’ hours must not be allocated simply to fill the time potentially available. Justification may be sought for any specific requirements imposed on a teacher. The key is whether the requirements are ‘reasonable’ and there should be some form of consultation. Where members feel that the time commitment required of them is excessive and unreasonable, the matter should be raised with the head at once; if a satisfactory resolution cannot be achieved, members should contact ATL. The new principle of ‘work/life balance’ is also likely to be relevant here.

16 There are some duties which extend beyond normal school sessions, but which should

Clerical and administrative tasks 20 From 1 September 2003, teachers should not routinely be required to undertake tasks of an administrative or clerical nature ‘which do not call for the exercise of a teacher’s professional skills and judgement’ (see paragraph 62.12 in the Appendix). Such tasks should be undertaken by appropriate support staff (after proper consultation and agreement), so that teachers can focus on teaching. Schools should ensure that any changes do not reduce the support provided for pupils in the classroom. The list of 21 tasks which do not call for the exercise of the teacher’s professional skills and judgement appears below, with ATL’s advice shown in italics: •

should be responsible for receiving and recording money)

nevertheless be counted in the 1,265 hours. It is not possible to provide an all-embracing list of these. However, a general rule is that all non-voluntary activities with pupils must be

•

investigating a pupil’s absence (teachers will need to inform the relevant member

included in ‘directed time’, e.g. some of the extra duties often undertaken by physical

of staff when a pupil is absent from class, but they should not have to phone

education (PE) and music staff, and by those involved in field work. The number of hours of

pupils’ homes, for example)

duty undertaken will be the whole period during which the teacher is responsible, alone or

•

bulk photocopying (e.g. for whole class use)

jointly, for the safety and well-being of the pupils. For some teachers this will be quite an

•

typing or making word-processed versions of manuscript material and producing

extensive time commitment. ATL will firmly resist any attempt to induce teachers to regard such activities as technically voluntary so that they can then be directed to

revisions of such versions •

undertake additional duties. Teachers’ duties are either obligatory (in which case they must be included in the calculation of directed time) or they are entirely voluntary.

day but are unable to do so, because they are sick or have been granted leave of absence for

•

producing class lists on the basis of information provided by teachers (teachers may need to be involved in allocating pupils to particular classes)

•

other reasons, there should be no contractual commitment to make up the lost hours.

18 Activities such as pre-school and post-school supervision and exam invigilation should be

word processing, copying and distributing bulk communications, including standard letters, to parents and pupils

17 When teachers are required to attend some designated activity outside the normal school

keeping and filing records including records based on data supplied by teachers (teachers may be required to contribute towards the content of records)

•

preparing, setting up and taking down classroom displays (teachers will still make decisions about what material should be displayed in their classrooms)

distributed equitably between all teachers, on the basis of a published rota. Time spent on such duties will, of course, count towards the total of 1,265 hours. ATL policy is that the maximum

•

producing analyses of attendance figures

reasonable requirement for pre-school or post-school supervision is about ten minutes per

•

producing analyses of examination results

session. However, ATL regards off-site bus duty supervision as a voluntary activity and members

•

collating pupil reports

•

administration of work experience (teachers may still need to select placements

who may be thinking about taking this on should contact ATL for further guidance.

and support pupils by advice or visits)

19 Members are advised to keep a record of time spent on all duties required by the headteacher or her/his nominee. This is best done on a day-by-day basis and the record

8

collecting money from pupils and parents (a designated member of the office staff

•

administration of public and internal examinations

•

administration of cover for absent teachers

9 Association of Teachers and Lecturers

school staff – it would be unreasonable, for example, for a teacher to ask for large bulk

•

ordering, setting up and maintaining ICT equipment and software

•

ordering supplies and equipment

the administrative system in place is robust enough to meet the needs of the

•

cataloguing, preparing, issuing and maintaining materials and equipment and

remodelling agenda and is clearly understood by both those who use it and those who

stocktaking the same

provide it.

•

taking verbatim notes or producing formal minutes of meetings (teachers may be required to coordinate action points if necessary)

•

coordinating and submitting bids (e.g. for funding, school status). (Teachers may

photocopying jobs to be done immediately before a lesson. Schools must ensure that

The changes reflected in these legal provisions are not mechanistic or about narrow issues of job demarcation. They are about teacher time being more exclusively devoted to high quality professional teaching tasks.

be required to give input into the content of bids) •

transferring manual data about pupils into computerised school management systems (teachers should not be expected to input initial data electronically)

•

managing the data in school management systems.

Consequently, teachers should not be given the option to choose to continue doing administrative and clerical work. It is not an appropriate use of teacher time.

Headteachers will need to ensure that administrative and clerical tasks are transferred from teachers, even where this involves a difficult adjustment for some teachers.

Teachers’ professional responsibilities are paramount and, in order to achieve the

Paragraph 62.12.4 of the Pay and Conditions Document recognises that this list may not

objective of raising standards and tackling workload, they must spend a larger

necessarily be exhaustive.

proportion of their working time on those responsibilities.’

21 Although some schools will have already met some or all of these requirements, others

23 A lack of proper organisation does not justify such tasks being routinely undertaken

will find them far more challenging. Members should discuss with their line managers how

by teachers. A school should make organised arrangements for tasks such as bulk

current arrangements for carrying out clerical or administrative tasks need to be reviewed

photocopying so that teachers rarely, if ever, need to undertake such a task themselves.

and/or changed.

24 The headteacher should determine who supervises the school’s clerical and

Some useful case studies of other schools’ experience of removing the burden of clerical

administrative staff – ATL expects that a non-teaching member of staff should be

and administrative tasks can be found on the teachernet website:

responsible for their management.

www.teachernet.gov.uk/management/remodelling/cuttingburdens/goodprac/gpindex/gpadmin/

25 Some teachers have management allowances linked to carrying out tasks that could be

Another useful website is: www.remodelling.org

transferred to support staff or ICT. In such cases, the DfES Guidance states that the teacher will need to undertake an alternative responsibility more focused on teaching and learning in order to justify continuing to receive the allowance. Alternatively, s/he may manage someone else who

22 Teachers should not be ‘routinely’ required to undertake tasks of a clerical or

now undertakes the previously performed task. Any changes to the contract or job description

administrative nature that do not call for the exercise of their professional skills and

will have to be the subject of consultation between the Head and the teacher.

judgement. You may be asked to carry out a clerical or administrative task on a non-routine basis, but this should be exceptional. Your headteacher must act reasonably in making

Work/life balance

requests of this kind.

26 From 1 September 2003, headteachers will have a new obligation to ‘have regard to the

As the DfES Guidance puts it:

desirability’ of teachers at their schools being able to achieve a satisfactory balance between

‘Tasks do not have to be done on a daily basis to be classed as routine. Many tasks, such as collating reports, may only be done once per year – this would still be classed as routine.

10

working time and time to pursue personal interests outside work. This applies in particular when the headteacher is allocating specific duties to staff (paragraph 51.3 in the Appendix). Additional hours over and above the annual 1,265 must be limited to those that are ‘reasonable’. Schools should decide how they are going to work towards this, not least in the context of the

Schools will need to review their administrative systems and provide appropriate

expectation in the DfES Guidance that average working time will be reduced year-by-year. For

support for teachers. It will also be important that teachers make good use of that

example, teachers may use the principle of work/life balance to resist any increases in the

support. This may require improved organisation or administrative activities by all

number of evening meetings that they may be asked to undertake.

11 Association of Teachers and Lecturers

27 Cutting down teachers’ time spent on administrative and clerical tasks should have a

The provision of leadership and management time is intended to be a contribution to

consequential effect on reducing overall working time. Similarly, the new entitlement for a

the time needed to discharge the relevant responsibilities. Subject to that qualification,

reasonable amount of time in the school day to be freed up for leadership and management

some time for leadership and management must be allocated within school sessions,

duties (see paragraph 28 below) should have the same consequence.

taking account of the nature and extent of the responsibilities of each member of staff and

Moreover, close scrutiny will have to be given to all requirements or expectations for teachers to work before school, at lunchtimes, in the evenings and at weekends. This

the management structure of the school. In order for the time to be meaningful, it should not be allocated in short blocks, for example, 10 to 20 minutes here and there.

includes meetings in particular. What can be reasonably cut back, should be cut back, as

Some schools, particularly in the primary sector, do not currently provide time for

fast as possible.

leadership and management responsibilities within school sessions. In such cases,

Finally, the school should start to consult staff about other changes that will genuinely help teachers to have more time and energy for their personal interests outside work.

Leadership and management

where there are demonstrable difficulties in allocating all the time considered reasonable to support leadership and management responsibilities by 1 September 2003, schools must identify an initial allocation of time (i.e. not no time at all) and plan to ensure that the allocation is increased to the amount of time considered reasonable as soon as possible and certainly no later than September 2005.

28 From 1 September 2003, teachers with leadership and management responsibilities are entitled, as far as is reasonably practicable, to a reasonable allocation of time within school

Schools should ensure that whatever is done now in relation to the provision of leadership

sessions to support the discharge of their responsibilities (see paragraph 63 in the

and management time will be sustainable once guaranteed PPA time takes effect in

Appendix). This is in addition to the new provisions on work/life balance and to the

September 2005.

guaranteed planning preparation and assessment time (PPA) for teachers, which will be introduced from 1 September 2005.

Where teachers already have timetabled non-contact time for leadership and management responsibilities, which is unaffected by the contractual change relating to administrative

29 The provision for leadership and management time will apply to all teachers at the

and clerical tasks, the amount of time should not be reduced as a result of the

school with leadership and management responsibilities, whether employed on permanent,

implementation of the contractual changes relating to leadership and management time.’

fixed term or temporary contracts – this will also apply to teachers on part-time contracts.

The 1998 Working Time Regulations 30 There is no standard definition of reasonable time for leadership and management responsibilities – what is reasonable depends upon a number of factors including both the circumstances of the school and its staffing structure.

31 It would clearly be unreasonable for a teacher with defined leadership and management duties to have no timetabled time for them during school sessions. Many smaller schools, however, may have to build up the amounts of time allocated year-by-year until a wholly satisfactory amount is given in all cases. It will be important for a school to be able to demonstrate that it has gone as far as possible in allocating suitable and sufficient time for teachers’ leadership and management duties.

Again, in the words of the DfES Guidance: ‘Given the varying nature and extent of responsibilities held by teachers it is difficult to identify a formula for the amount of time which might be appropriate for each responsibility. This is a matter for the school. However, this, and the nature of the contractual provision, will be kept under review as the remodelling agenda progresses and as the future resource position becomes clear.

32 The 1998 Working Time Regulations place a limit on the working week for all workers of 48 hours, averaged over 17 weeks. However, only time spent ‘working at the employer’s disposal and carrying out one’s activities or duties’ counts towards ‘working time’ under these regulations.

33 This restrictive definition of ‘working time’ and its averaging over 17 weeks (which include some school holidays within the calculation) makes it difficult for most teachers to claim that their working hours exceed the statutory limit. Indeed, the fact that the 48-hour limit is averaged (over the 17 weeks) means that during the weeks of term-time, teachers may work considerably longer than 48 hours without this contravening the Regulations.

34 Amendments to this part of the Regulations (introduced in 1999) add that where part of one’s working time is pre-determined but part also involves working on a further unmeasured or ‘non pre-determined’ basis without being required to do so by the employer, then only the pre-determined part counts towards the statutory working time limit.

This is not helpful to those teachers who are concerned at the extent of the ‘out of hours’ time they feel obliged to spend in order to fulfil their heavy professional commitments. Nevertheless, ATL will look carefully at the prospects for pursuing a complaint in cases of particularly onerous personal workloads.

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Lunchtime supervision/the midday break

6

DIRECTED STAFF DAYS

35 For teachers other than headteachers, deputy headteachers, assistant headteachers and advanced skills teachers, midday supervision is voluntary and members are advised against taking on this responsibility where schemes involving paid supervisors are in operation. If a teacher has a separate contract to work as a midday supervisor, the paid midday duties do not count towards the total of 1,265 hours.

The five statutory non-contact days 39 As discussed in paragraph six, there are 190 days on which teachers ‘may be required to teach pupils in addition to carrying out other duties’, plus a maximum of five days when full-time staff can be required to undertake specified professional duties. These are

36 The Pay and Conditions Document states that teachers should be allowed a break of

sometimes referred to (still!) as ‘Baker Days’ (after the minister who introduced them) or,

reasonable length either between school sessions or between the hours of 12 noon and

more commonly, ‘INSET Days’. The exact dates are specified by the employer or, if the

2.00 pm (to allow for the advent of a compressed school day). Unfortunately, there are no

employer so directs, by the headteacher. The Pay and Conditions Document does not

regulations or formal Department for Education and Skills (DfES) guidance defining what

establish a maximum or minimum number of hours to be devoted to professional duties on

constitutes ‘reasonable’ in this case. It is possible to argue that a teacher’s break should be

the five days. It also gives an employer (or headteacher) discretion to conclude that an

at least as long as that available to pupils. ATL’s firm view is that a break in the

individual teacher, or group of teachers, need undertake no duties on one or more of the

middle of the day of any less than 40 minutes would be unreasonable. Anything under 40

days, in recognition of INSET activities completed at other times.

minutes would not allow a teacher a realistic amount of time to dismiss the pre-lunch class in good order, reach the staff room/lunch area (or leave the premises) and enjoy a short period of genuine relaxation before returning to the teaching area prior to resuming duties.

ATL policy stresses the importance of a clear break from duty between school sessions.

37 The 1998 Working Time Regulations now entitle every employee to a rest break of at

40 ATL considers that directed staff days should be determined at least 12 months before the start of the relevant academic year. In consultations on these dates, ATL representatives should seek to ensure that the following principles are applied: •

(see paragraph 43)

least 20 minutes away from the workstation during any working day of six hours or more.

This break should be taken during the six-hour period.

•

additional staff day and four days’ holiday •

however, be unreasonable if that requirement conflicted with a teacher’s right to a break of reasonable length – as it is likely to do unless pupils have an exceptionally long break (or

the dates should normally fall during weeks in which pupils will be required to be present – for example, this would mean that no week would contain one

38 Teachers can be required to undertake professional duties during the course of the school’s midday break, as long as these do not constitute midday supervision. It would,

teachers must not be required to work at weekends or during school holidays

where the dates are determined at school level, there must be full consultation with the staff concerned

•

there can be no half days. Under the terms of the Pay and Conditions Document,

staggered breaks). Members should resist the imposition of professional duties in the

if a teacher is required to undertake duties for any part of a day, that day counts

midday break, other than in exceptional circumstances.

as one of the 195.

41 ATL recommends that at the start of every academic year all teachers should have a calendar of events recording the dates upon which they will be required to attend for work, including all non-teaching activities (e.g. parent consultation meetings), together with an indication of what will happen on those working days. The calendar should also note all requirements to attend events which take place out of normal school session times. This advance planning should be an essential part of the work of a school and the final pattern of events, incorporating the allocation of general time allowances, should be settled only after full consultation with teaching staff. This very detailed planning must necessarily take into account the distribution of working hours discussed in paragraph 40. It is useful to note that the need for a school improvement plan, the demands of GCSE and the end-of-key stage assessment are already prompting many schools to look much further ahead in their planning than had hitherto seemed necessary.

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WORKING AT WEEKENDS OR DURING SCHOOL HOLIDAYS

Continuing professional development 46 It is possible for teachers (including headteachers) to receive additional payments for undertaking Continuing Professional Development (CPD) outside the school day.

42 A headteacher cannot direct a teacher to undertake duties on any of the 170 calendar days (171 in a leap year) which are not specified as working days by the employer. Work

Paragraph (30) from the DfES Guidance (Section 3) states:

undertaken at weekends or in the holidays will not count as directed time unless the

‘Some teachers may not wish, or be able, to attend training courses in the evenings,

employer specifies that the day in question is one of the 195 upon which that particular

at weekends or during holidays. Heads and school governors should respect the right

teacher must be available for work, and the headteacher directs the teacher accordingly.

of individuals to make their own choice and take proper account of equal opportunities. However, where possible, training courses should be scheduled during

43 The pace of school life is such that teachers are undoubtedly under increasing pressure to work at weekends – most particularly by attending INSET courses which are often held in hotels some distance from the school. Although these courses may be valuable for those

the five non-teaching days during which teachers are required to be available for work, or out of hours, to minimise the disruption caused to pupils’ education caused by teachers’ absence from classroom.’

who volunteer to attend, there is a fear that the nature of this INSET will be such that attendance will (although technically not required) be expected. It is ATL’s view that if

47 Headteachers are required to ensure that staff have access to appropriate CPD

courses are compulsory, or of such a nature that non-attendance will place teachers, their

opportunities, taking account of needs through appraisal arrangements, and teachers will

school and pupils at considerable disadvantage, then they should take place within the

have to undertake appropriate developmental activities in the light of their appraisal

normal working day. The erosion of INSET within normal working time (often as a

objectives or statements.

cost-saving exercise to facilitate special arrangements with hotels) implies that essential, or highly desirable, courses may be denied to teachers unless they are prepared to use their weekends for this purpose. Needless to say, this has an impact upon the principle that headteachers should have regard for the ‘work/life’ balance of their teachers (see paragraph 26).

44 ATL would expect a headteacher to regard a relevant training course as directed time, and to accept that participation at weekends would be voluntary in the sense that teaching staff can decide not to attend. Although this appears to contradict the general principle that activities covered by directed time are not ‘voluntary’, it is an option under the terms of the Pay and Conditions Document: that the specified working days do not necessarily have to be the same 195 for every teacher in the school.

45 ALT considers that it is unreasonable for teachers to be required to work on Saturdays and Sundays and members who find themselves in this position should seek immediate advice from ATL.

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17 Association of Teachers and Lecturers

8

DEPUTY HEADTEACHERS, ASSISTANT HEADTEACHERS,

9

CHANGES TO THE SCHOOL DAY

ADVANCED SKILLS TEACHERS AND FAST-TRACK TEACHERS 50 The times of school sessions in maintained schools are determined by individual governing 48 Deputy headteachers, assistant headteachers, advanced skills teachers and fast-tract

bodies, and it makes sense for the LEA to co-ordinate times for schools of the same age range

teachers do not enjoy the protection of the overall limit of 1,265 hours per year over a

and for schools which share transport. Presently, a community or voluntary-controlled school

maximum 195 days which applies to the directed time of other full-time teachers, and it is

wishing to change the morning start or afternoon finishing times of school sessions can do so

therefore especially important that any duties set out in their job description stay firmly

only at the beginning of a school year. It must also give at least three months’ notice to the LEA

within the bounds of reasonableness, as provided for by the Pay and Conditions Document

and parents following a period of consultation, and is also required to:

from 1 September 2003. It must be reasonably possible for all teachers to fulfil both the specific tasks and the overall workload expected of them. It is the responsibility of the headteacher to make an appropriate and reasonable allocation of duties, subject to the

•

consult the headteacher and the employees of the school

•

convene a meeting which is open to parents, the headteacher (and any others the governors invite), at which the proposals can be discussed

proviso that the job description must have been discussed and agreed.

49 Deputy headteachers, assistant headteachers, advanced skills teachers and

•

parents (free of charge) and which is available to others at least 14 days before

fast-track teachers are, entitled to a break of reasonable length as near to the middle of

the meeting

each school day as is reasonably practicable. However, they may be required to undertake midday supervision.

Please see paragraphs 28 – 32 on leadership and management time.

prepare a written statement of the intended changes – which must be given to all

•

consider any comments made at the meeting before making the final decision.

51 Where the proposal involves only a change in the timing or length of the lunch break, the rules on implementation are somewhat easier. Here, the above current requirements as to consultation and the meeting still apply, but the governors can introduce a change with only six weeks’ notice and at the start of any school term.

52 Unfortunately, unlike community and voluntary-controlled schools, maintained foundation and voluntary-aided schools are not obliged to observe these rules. The 1990 DfES Circular emphasised that the Secretary of State ‘hopes they will observe’ them – and, in practice, they generally do so.

53 However, with its ‘deregulation’ agenda, the Government is considering the possible removal of these existing restrictions on community and voluntary-controlled schools, on the basis that they are considered too limiting. If these changes are implemented, there may in future no longer be obligatory rules for schools changing their session times, but probably only a continuing expectation of consultation with the parents and staff before alterations are implemented.

54 There are, of course, other regulations which also affect the issue. The yearly maximum of 1,265 hours of ‘directed time’ for teachers incorporates not only timetabled teaching, but also a range of other activities which are scheduled both within and outside the school day.

Any extension of the formal teaching day must leave space in the annual ‘time budget’ for these activities.

Also, members should be aware of their entitlement in respect of a lunch break as set out in paragraph 35 onwards.

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19 Association of Teachers and Lecturers

10

TIME OFF

Attending interviews/school visits 61 Although there is no formal entitlement, it has been general practice for teachers to be allowed leave of absence to attend job interviews; indeed, it would cause problems for all

55 Although there is no general entitlement for teachers to request time off during

schools if it were difficult for teachers to be released. Members who are refused such leave

term-time, there are specific situations in which rights to time off do exist. Teachers have

should contact ATL for advice.

statutory rights to sick leave, maternity, paternity, adoption and parental leave and time off for dependants, (paragraph 63 onwards) as well as additional contractual rights under the

62 In the absence of any local agreement, decisions on whether leave should be granted

terms of the Burgundy Book. (ATL can provide information and advice on these rights,

(and whether it should be paid or unpaid) for purposes such as visits to other schools (other

upon request.)

than for job interviews) are dependent on the goodwill of the employer. Requests for such leave should be made to the headteacher well in advance of the relevant date(s). Members

Time off for trade union activities 56 Appendix III of the Burgundy Book establishes a national framework for leave for accredited representatives of recognised teachers’ organisations. Within this framework, LEAs and the recognised teachers’ organisations have entered into local agreements.

who feel that a request of this nature is being unreasonably refused should contact ATL.

Maternity, paternity, adoption, parental leave and time off for dependents

These vary considerably but – as a general principle – the entitlement both to the extent and

63 Full details on rights to (paid and unpaid) maternity, paternity, adoption and parental

the timing of time off (whether paid or unpaid) must be reasonable from the employer’s point

leave are contained in the ATL publication ‘Family, Work and You’. This publication also

of view as well as that of the union representative.

offers advice on taking time off to care for dependants on flexible working and tax credits for families.

57 Where ATL is a recognised union, officials (for example branch secretaries) have a statutory right to reasonable paid time off from work for matters related to the conduct of

64 There is also a statutory right to reasonable (unpaid) time off to deal with ‘family

workplace industrial relations. Ordinary members have the right to reasonable unpaid time

emergencies’ (i.e. incidents involving a member of one’s immediate family or a dependant)

off to take part in union activities.

, regardless of length of service. The right arises over an illness or injury, difficulties with care arrangements, a birth or death or an incident involving a dependant child during school

58 Safety representatives elected by recognised trade unions are entitled to paid time off

hours (or on a school trip). The Act gives few details of how the entitlement will work in

from their normal work in order to carry out their functions, including regular inspections of

practice. It is left to local arrangements/agreements to clarify when it will be reasonable to

the workplace. They are also entitled to paid time off for training.

take time off, factors for assessing how much time is reasonable and limits on the amount

Further advice on these statutory rights is available from ATL.

of time permissible for particular incidents, etc.

Examination duties 59 Appendix II of the Burgundy Book stipulates the circumstances in which leave of

65 In addition, in some LEAs there are local agreements for teachers to be given a limited amount of leave for such purposes. Accordingly, members are advised to contact the Education Personnel Department of their LEA for details of any local scheme.

absence will be granted for examination duties. A chairman of examiners may have in the region of 12–15 days off in any one year; the allowance for a marker may be one or two days

Leave for other purposes

a year. The amount of release time also varies according to the subject.

66 There are no national agreements for leave with or without pay for other purposes. Any

Jury service/other public service

contractual entitlement to absence for such matters as weddings, study leave, moving house, or as a national representative in sport, depend upon local agreements.

60 The Burgundy Book states that ‘teachers shall have entitlements comparable with those of local authority officers so far as paid and unpaid leave entitlement is concerned for jury and other public service’. Details of entitlements will be available from your local authority.

67 Members are advised to contact the Education Personnel Department of their local authority to find out about any local agreement and to determine whether any such authorised leave will be paid or unpaid.

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21 Association of Teachers and Lecturers

11

COVER

The courts have interpreted ‘practicability’ as requiring a reasonable balance between the desirability or necessity of achieving an object and the extent of effort or expense required to do so. The balance between the genuine unavailability of a supply teacher and genuine

The present position 68 Under paragraph 62.9 of the Pay and Conditions Document, teachers can presently be

financial constraints can be a delicate one; members caught in such situations are advised to contact ATL for specific advice.

required to supervise and ‘so far as practicable’ teach pupils whose own teacher is not

72 However cover is organised, the objective must be to avoid sending children home, but

available to teach them. However, there are limitations to the extent to which this

this should not be achieved by breaching the provisions of the Pay and Conditions

requirement can be imposed:

Document and the limitations to what may be required of teachers. The organisation of

•

teachers cannot normally be required to cover after the third consecutive working day of any absence

•

cover for teachers who are not available rests with the headteacher, although practical arrangements may be delegated to another senior member of staff. The requirement to cover for colleagues who are not available to teach must be distributed equitably – and the

where a teacher is absent for more than three consecutive working days and the

distribution must explicitly involve the headteacher. Paragraph 54.3.4 of the Document

absence was known to the employer two or more working days in advance,

states that headteachers not only have responsibility for ensuring that the duty of providing

teachers cannot normally be required to cover for the absence at all.

cover is shared equitably, but that headteachers themselves are also to be included amongst those who have to undertake this duty ‘taking account of their teaching

However, there are currently important exceptions to these limitations to cover obligations.

The limitations do not apply if: •

the teacher who is directed to cover is essentially a supply teacher, or

•

the employer has ‘exhausted all reasonable means’ of providing a supply teacher, without success, or

•

the teacher required to cover is a full-time teacher at the school who has a timetabled commitment for teaching and other professional duties which is less than 75 per cent of the weekly hours during which pupils are taught at that school.

and other duties’.

73 If there is no clearly defined system, it is unlikely that a headteacher will be able to demonstrate fairness in the allocation of cover. ATL representatives are therefore advised to ensure that cover requirements are distributed on the basis of a system which is seen to be fair and reasonable and which is made available to all staff. Members, for their part, must ensure that they know and understand the cover system and, if it is unsatisfactory, must press for improvement. Individual members who feel that they are being treated unreasonably or are expected to provide cover outside the terms of the Pay and Conditions Document should inform the ATL representative immediately. Advice should be sought from ATL before members decline to cover, for example, in situations where:

69 It should be emphasised that these criteria establish the maximum that can be required of teachers. ATL believes that most cover within schools should be provided by supply teachers, particularly where absences are known in advance.

•

the cover problem cannot be resolved, or

•

the system itself is unfair, or

•

the operation of the system results in an inequitable distribution of cover.

70 There should be a separate attempt to find a supply teacher for every absence. ATL considers that ‘exhausted all reasonable means’ should not be interpreted to cover the situation where the school has simply exhausted the relevant budget. The employer is expected to ensure that there is a reasonable budget available to buy in supply cover.

71 ATL considers that the terms of the Pay and Conditions Document presently oblige

74 Members must bear in mind that any collective refusal to cover is likely to be regarded as ‘industrial action’, which is subject to strict legal requirements for notification and balloting. The ATL publication Industrial Action sets out these requirements and ATL’s policy on the issue.

employers to take all practicable steps to:•

National Guidance on cover agreed by NEOST and teacher unions •

allocate money for paying supply staff and

•

seek to recruit them in sufficient numbers.

75 Joint employer-union guidance was issued in the summer of 2001 to the effect that where an individual teacher has covered beyond the requirements set out in section 62.9 of the Pay and Conditions Document the additional cover time worked should be recorded

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23 Association of Teachers and Lecturers

and ‘banked over’. This will also apply to teachers being asked to provide cover by taking

experience and expertise. They should not, however, attempt to teach areas of curriculum

additional pupils into their own classes. Within a defined timescale, normally within four

in which they are untrained or inexperienced. This advice is particularly relevant to

weeks, teachers should be offered compensatory time off by:

teachers covering in practical or science subjects, or in games lessons. Teachers have a

•

reducing their teaching timetable at a time when supply teachers are available – the use of internal cover in such circumstances would merely exacerbate workload problems, and/or

•

legal duty to ensure the safety and well-being of their pupils, and members should decline an instruction to undertake teaching duties in circumstances where they could not take reasonable steps to avoid the risk of an accident occurring. In such circumstances, they should provide only basic supervision of the children in a safe environment.

reducing the time they spend on other duties, including providing cover, supervising examinations and management duties.

Cover for ATL representatives 79 There are a variety of ways in which the ATL’s representatives are allowed time to

The agreement provided a national framework for discussion and implementation at local

undertake their ATL duties. Any necessary absences should, without question, be covered

level. You should contact your branch secretary for details of the local arrangements.

by supply teachers or by long-term additions to the staffing establishment. Representatives

Effective supervision 76 ATL considers that no teacher should be required to undertake cover duties if s/he is already committed to supervision or teaching elsewhere as this would mean that effective supervision could not be maintained. Other timetabled commitments should also be protected from the encroachment of cover requirements.

who are allowed regular time free of normal timetable commitments should ensure that this is entered on the timetable so that the protection from covering for absent colleagues is not lost under set out in paragraph 69 exclusion (c).

80 ATL representatives should monitor the cover position in their school or college with great care in order to assess the effect on individual members (is the distribution of cover fair and equitable?) and to make sure that the provisions of the Pay and Conditions

77 In the past there has been a practice, particularly prevalent in primary and middle

Document and the National Agreement (see paragraph 76) are carefully observed. Any

schools, of splitting classes, i.e. allocating unsupervised children to other classes, or of

problems that cannot be resolved satisfactorily within the school or college should be

putting two classes together. ATL has always deplored this way of managing the problem

reported immediately to ATL.

of absent teachers as it impoverishes the education of all the children involved.

Contractual changes in respect of cover from 1 September 2004 Furthermore, the Health and Safety at Work Act requires employers to safeguard pupils from risk: overcrowding a classroom or imposing such numbers of children that a teacher could not possibly provide effective supervision could amount to a breach of statutory duties by the employer.

81 From 1 September 2004, each individual teacher will have a 38-hour limit to the amount of cover she/he can be required to do in each academic year. This limit must not be exceeded. No weekly or termly limit within the 38 hours is specified within the contractual annual limit. However, headteachers should seek to ensure, as far as practicable, an even

A teacher instructed to supervise in circumstances where it might not be feasible to

spread of cover throughout each term.

exercise the necessary degree of care and control must record these concerns formally in writing. The supervision may still have to be undertaken, but the responsibility will now lie quite clearly with the headteacher or the employer. Providing supervision in this way when a teacher is absent is a form of cover and ATL considers that the limitations to teachers’ obligations to cover must apply when classes are split.

82 From that date, this new annual limit will replace the existing safeguards as to cover which are explained in paragraphs 69-76 above. This means that the present long standing rules (as to not normally covering for colleagues after the third day of absence, and as to the school being required to exhaust all reasonable means of obtaining a supply teacher) will then no longer apply.

Members finding themselves in this position should contact ATL for guidance.

83 Schools should, as far as possible, work towards compliance with the 38-hour annual

Teaching in a cover lesson 78 The question of how far it is practicable to teach during a cover lesson is a difficult one.

Unless work has already been set, teachers should – if they have had an opportunity to prepare material – provide teaching in the broadest sense, according to their own

24

limit prior to its statutory introduction in September 2004. Where schools are currently, regularly and significantly exceeding 38 hours, therefore, they will need to begin to plan and implement strategies for reducing cover in advance of the introduction of the contractual change.

25 Association of Teachers and Lecturers

12

FURTHER CONTRACTUAL CHANGES FROM SEPTEMBER 2005

90 Schools will be expected to work towards change as far as possible in advance of September 2005. This will be particularly important for schools which do not currently allocate any non-contact time for such activities.

Exam invigilation

91 The amount of guaranteed PPA time is to be set at a minimum of at least 10 per cent of

84 From September 2005, teachers will no longer routinely be required to invigilate

a teacher’s timetabled teaching time. Only teaching time within a teacher’s 1,265

external examinations (e.g. National Curriculum tests, GCSE and AS/A2 examinations).

contracted hours counts for these purposes, not other forms of pupil contact time.

Schools should work towards these changes and maximise the use of support staff as external examination invigilators prior to the contractual change.

92 Guaranteed PPA time should be provided as part of a teacher’s normal weekly or fortnightly timetable. It should take place, therefore, during the school timetable (i.e. during

85 Teachers may, however, still be required to conduct practical and oral examinations in

the time in which pupils are taught at the school) and must not be added on before or after

their own subject area. They may also be called upon to undertake the preparation of pupils

pupil sessions. In order for the time to be put to meaningful use by the teacher, it must be

and those aspects of assessment, recording and reporting associated with external

allocated in blocks of no less than 30 minutes.

examinations requiring the professional input of a qualified teacher.

93 Guaranteed PPA time must be used for planning, preparation and assessment – these

86 Teachers will also still be required to supervise internal examinations and tests where

duties are contained in the relevant paragraphs of the Document. The time must not be

these take place during their normal timetabled teaching time. However, if a school

encroached upon, including by any obligation to cover for absent colleagues. It is for the

reorganises the timetable for ‘mock’ examinations to replicate the public examination

teacher to determine the particular PPA priorities for each block of guaranteed PPA time,

process then teachers should not be required to invigilate.

although that does not preclude them from choosing to use some of the time to support

87 The principle underpinning the change is that invigilation does not require a teacher’s

collaborative activities.

professional expertise. In this context, it is a reasonable expectation that a teacher should

94 The 10 per cent guaranteed PPA time is a minimum figure. Any teacher who is already

be present at the beginning of an external examination in their subject area to check the

in receipt of more than this amount of time specifically for planning, preparation and

paper and to ensure that there are no problems with it. Those invigilating the examination

assessment should not have his/her existing allocation reduced to 10 per cent.

should be made aware of the procedure for dealing with emergencies and for contacting a teacher in the subject area under examination should any candidate raise a concern or problem with the paper that requires their professional judgement. It may also be appropriate for a teacher to be present at the end of an external examination to ensure its efficient conclusion.

88 None of these tasks constitutes invigilation and all of them require a teacher’s professional expertise. When carrying out such tasks, teachers should not be expected to stay in the examination hall/room for any longer than is necessary to perform the task.

Guaranteed planning, preparation and assessment time 89 With effect from 1 September 2005, all teachers at a school (including headteachers) with timetabled teaching commitments, whether employed on permanent, fixed term, temporary or part-time contracts, will have a contractual entitlement to guaranteed planning, preparation and assessment (PPA) time within the timetabled teaching day.

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27 Association of Teachers and Lecturers

13

INDUSTRIAL ACTION BY COLLEAGUES

14

JOB DESCRIPTIONS

95 ATL members may be asked to cover for colleagues who are taking industrial action or

96 ATL believes that all teachers should have a job description which sets out their

to undertake cover which has already been refused by a colleague acting on her/his union’s

position vis-à-vis the statutory list of professional duties, and which takes into account their

advice. Members are advised not to undertake cover in these circumstances. If the issue

principal functions within their school. The job description should pass the tests of

arises, the ATL representative should inform the headteacher that:

‘reasonableness’ outlined in paragrapgh 2, and should reflect as accurately as possible the

•

ATL members are not taking industrial action; they are not in dispute with their employer (so there is no need to hold a ballot)

•

actual duties and responsibilities of the post-holder. The ‘total job’ must not exceed what can reasonably be expected from one individual, and it must not include reference to any voluntary activity.

ATL members are available to work normally but are not willing to accept arrangements that undermine the industrial action of colleagues.

97 The introduction of performance management makes it essential for all teachers to have their own individual job description, which should be the basis for the objectives.

Further details are available in the ATL booklet on industrial action, available from the

98 All applicants for posts should be given a proposed job description before the interview

Publications Despatch Department.

and this should be the subject of a final negotiated agreement before the successful candidate takes up the appointment.

99 There may sometimes be a good reason for a headteacher or individual post-holder to suggest that a job description is changed. The headteacher may propose this course of action to take account of some new development in the school. Alternatively the suggestion could come from a teacher whose existing workload is proving excessive or who is pursuing professional development. However this arises, the changes must be subject to discussion and agreement between the teacher and the headteacher and ATL takes the view that frequent changes or additions to a job description would be unreasonable.

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29 Association of Teachers and Lecturers

15

INDUCTION ARRANGEMENTS FOR NEWLY-QUALIFIED TEACHERS

16

INITIAL TEACHER TRAINING ACTIVITIES

100 The Pay and Conditions Document imposes several duties on headteachers as regards

101 Teachers undertaking school-based ITT activities do so on an entirely voluntary basis

newly-qualified teachers (NQTs). These duties include the following:

and are eligible for additional payments in respect of these activities (unless they are advanced skills teachers, for whom this is a professional duty).

•

to ensure that NQTs do not teach for more than 90 per cent of the time a teacher at that school who does not receive a management allowance would be expected to teach

•

Such payments may be made only for ITT, which, in the words of DfES Guidance, is provided as ‘an ordinary incident in the conduct of the school’: ‘such activities might include supervising and observing teaching practice; giving

to oversee the induction arrangements according to Regulations.

feedback to students on their performance and acting as professional mentors; running seminars or tutorials on aspects of the course; and formally assessing students’ competencies.’

102 There are other aspects of ITT activities which teachers cannot be expected to undertake as part of their job and which would not be regarded as ‘an ordinary incident in the conduct of the school’. Such activities include the additional requirements of School Centred ITT (SCITT), where schools take the lead in providing ITT courses. They include: •

planning and preparing materials for an ITT course

•

undertaking the marketing, finance and administration of the course, and

•

taking responsibility for the well-being and tuition of ITT students.

103 ‘It is appropriate for separate non-teaching contracts of employment to be issued covering those aspects of involvement in ITT, which are clearly not part of the teaching job.’

(DfES Guidance, paragraphs 31-34).

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17

PART-TIME TEACHERS

108 The section of the Pay and Conditions Document setting out the duties which may reasonably be required of teachers applies equally to part-time and full-time teachers. The duties, however, can be required only within the terms of the contract of employment and

104 The proportion of a full-time salary paid to a part-time teacher should be based on the

any requirements or duties must be reasonable. In assessing reasonableness, different

actual time that teacher is required to be in school during normal school hours, as

considerations may apply in the case of part-time employees as opposed to full-time

compared to the time required of a full-time teacher in the same school.

colleagues. Again, the obligation on the headteacher to consider the ‘work/life’ balance of teachers when allocating duties to them is relevant here. For example, it would be reasonable

Lunch hours are excluded, but break times (if the part-time teacher works before and after the break), school assembly, supervision periods before and after sessions and other similar activities should all be taken into account. Using timetabled teaching periods in the

to ask a teacher who works full-time to attend a parents’ evening after school on a Thursday. It might well, however, be unreasonable to expect a part-time teacher who did not work at that school on Thursdays to attend the meeting.

week, or even half-days as the basis of the calculation often produces incorrect results.

105 The requirement to be available for work for 1,265 hours spread over 195 days

Protecting part-timers

specifically applies only to teachers in full-time employment. Surprisingly, the Pay and

109 Teachers work part-time for a variety of reasons, the most common being that their

Conditions Document says nothing about the working hours that can be required of

availability is restricted by other commitments. Members are urged to include the following

part-time teachers. Nevertheless, part-timers are, like their full-time colleagues, obliged to

points in any negotiations in order to avoid unfair exploitation of their part-time status:

work under the ‘reasonable direction’ of the headteacher. Accordingly, it appears that a part-time teacher can certainly be required to work that proportion of the school-

•

The contractual teaching time should be in as few blocks within the school week

session week which corresponds to her/his pro-rata salary. Although there is no basis in the

as possible. It should include an appropriate proportion of non-contact time and

Document for any employer to require more, it would be neither sensible nor practical to

must be the subject of agreement between the employer and the teacher.

suggest that part-time teachers should limit their involvement to session times and leave all

•

have no teaching commitments. Neither should they be directed to participate in

the ‘out of hours’ activities to full-time colleagues.

activities which take place immediately before or after those sessions.

106 Part-time teachers, working under the reasonable direction of their headteacher, should have non-teaching time included in their hours of work since their allocation of teaching/

•

Where directed staff days (or INSET days) coincide with a part-time teacher’s normal teaching days, s/he can be required to attend. When the relevant days do

non-teaching time should be in the same proportion as that of a full-time teacher of the same

not coincide, ATL would hope that teacher and school could come to a mutually

level of responsibility. In the case of part-timers, non-teaching time may be ‘trapped time’ (i.e.

satisfactory agreement, taking into account any other outside commitments the

short periods between lessons or meetings when it would be impracticable to leave the

teacher might have and balancing this with the school’s expectation for the

premises), or time to be spent specifically on additional duties. It would be reasonable to

part-timer to attend an appropriate proportion of the non-teaching days. Although

expect a part-time teacher to remain in school during this non-teaching time, and to

a teacher may well wish to take part in such occasions for professional reasons,

provide cover on the same basis as full-time colleagues. Where a part-time teacher does

ATL considers that it would be unreasonable for a headteacher to require

remain at school during ‘trapped’ periods and/or is available for cover, they should be paid

attendance without discussion and agreement.

for their time and it should be taken into account in determining their contractual commitment (as a percentage of the full-time commitment).

Part-timers should not be required to be in school during sessions when they

•

Some teachers working part-time in one school have other employment, often at other schools. Headteachers will need to take this fully into account in any

107 It is understandable that a school may expect part-timers to undertake duties which exceed their timetabled teaching hours, provided there is an upper limit to the total contribution in any one year, i.e. the proportion of 1,265 hours which corresponds to the proportion of the full-time salary being received. It must be emphasised that this is not a requirement, but an expectation which is not inherently unreasonable. The extent, and

discussion of the contribution part-timers are able to make to an individual school. Flexibility and forward-planning will be essential if teachers in this position are to co-ordinate their own arrangements successfully. The importance of discussion and negotiation in relation to the extra-contractual contribution of part-time teachers cannot be stressed too strongly.

nature, of an individual teacher’s contribution must be the subject of discussion, negotiation and agreement.

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33 Association of Teachers and Lecturers

110 Part-time teachers, who want to ensure that they are treated reasonably and that employers and colleagues do not take advantage of them, either deliberately or

18

JOB SHARING

inadvertently, are advised to keep accurate records of time allocated to work.

111 The implications of the Pay and Conditions Document for part-time teachers are often misunderstood. Members are advised to contact ATL if a headteacher is attempting to impose what appears to be an incorrect or unreasonable interpretation of the statutory requirements.

114 Job sharing is a way of working where two (usually) or more people voluntarily share the responsibilities of one full-time position and divide the hours, duties and salary. It should not be confused with general part-time working. If the job-sharing arrangement for a post ends, it should be possible for the post to revert to a single, full-time position.

For more details, please see ATL’s booklet Teachers and Job Sharing, available from the

Pensions for part-timers

Publications Despatch Department.

112 Unlike full-time teaching, part-time teaching is not automatically pensionable. In general, it is advantageous for part-timers to belong to the Teachers’ Pension Scheme (TPS), but a part-time teacher must elect to pay pension contributions if s/he wishes to contribute to the TPS. An explanatory leaflet and an election form (Form 261) can be obtained from the employer.

For further information, please see the Part-time and supply teaching and part-time lecturing, factsheet 9 in the ATL series Understanding theTeachers’ Pension Scheme.

The Part-Time Employees (Prevention of Less Favourable Treatment) Regulations 2000 113 These Regulations enable a part-timer who receives less favourable pay or contractual benefits on grounds of his/her part-time status to claim ‘pro-rata’ equality with a comparable full-time worker, unless the employer can justify the differential on objective grounds. The ‘comparable’ employee must both be engaged in the same, or broadly similar, work and be employed at the same establishment. Complaints about less favourable terms must be presented within three months to the Tribunal, which has power to grant a declaration, a recommendation for action and/or compensation. Members concerned that they may be facing less favourable treatment should contact ATL for guidance.

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35 Association of Teachers and Lecturers

19

FIXED-TERM CONTRACTS

121 The Regulations apply to terms and conditions of employment, including pay and pensions, as well as opportunities for training and development.

122 The Regulations limit the use of successive fixed-term contracts to a maximum of four

115 A fixed-term contract of employment is defined as a contract of employment which:

years (from 10 July 2002), unless this can be ‘objectively justified’. After four years, the

•

has a definite start and end date, or

contract will be deemed to be open-ended. However, any period of time during which an

•

terminates automatically when a particular task is completed, or

employee is engaged on a fixed-term contract prior to 10 July 2002 will not count towards

•

terminates after a specific event (other than retirement or summary dismissal).

116 Sometimes such a contract will include a clause giving a notice period that allows the employment to be terminated before the termination date specified in the contract. For example, a contract terminating on 31 August may allow for termination, with notice, on 30 April.

the four-year cut off date. Thus, the impact of this regulation will only be felt on or after 10 July 2006.

Waiver clauses 123 Historically, legislation has permitted the employers of staff on fixed-termcontracts to include ‘waivers’ in their contracts which significantly reduce employees’ employment

117 Frequently, fixed-term contracts are arranged to cover for the specific absence of an

rights. For employees with fixed-term contracts of one year or more, the waiver could

existing teacher (for example, during maternity leave). These contracts are often drafted to

exclude the right to claim unfair dismissal if the contract was not renewed when it expired.

enable the employer to terminate them at short notice if the post-holder returns.

In the case of fixed-term contracts of two years or more that were not renewed, it could

Unfortunately, this can mean that the temporary teacher cannot claim to be paid for the

remove rights to unfair dismissal and to redundancy payments. To be valid, the

school holiday following their departure. However, they may have some entitlement to a

contract containing the waiver had to be signed by the employee concerned.

proportion of their ‘statutory’ minimum paid leave of four weeks in a full year. For assistance in individual cases, please contact ATL.

124 The current position is that an employee can no longer sign away his or her right to claim unfair dismissal in contracts made or renewed since October 1999. Unfair dismissal

118 The expiry of a fixed-term contract is, for the purposes of unfair dismissal and

waivers in contracts made before that time remain valid for the remainder of the contract.

redundancy, a ‘dismissal’. Employees engaged by the same employer on a series of

In the case of redundancy payment entitlements, an employee is no longer able to sign

continuous fixed-term contracts have the right (subject to the normal qualification period of

away his or her rights in contracts made or renewed on or after 1 October 2002.

one year) to pursue a claim for compensation for unfair dismissal if their contracts are not

For further information and advice, please see the ATL publication Fixed-Term Contracts.

renewed in the same way as they would be if they had been on permanent contracts and had been dismissed.

Continuity of employment

For the right to claim a redundancy payment, an employee needs to have had two years of

125 As employment protection rights depend upon length of continuous service, it is

continuous uninterrupted service with the same employer.

important to note that if a fixed-term contract is renewed immediately following termination then there will be continuity of employment. Even where there is a break between

119 For the purposes of claiming these important statutory rights, the key point is not the

contracts, if it can be established that the period between two successive fixed-term

title given to the job, but the length and continuity of service, and the circumstances

contracts is a ‘temporary cessation of work’, then continuity is not broken. If, for example,

surrounding the dismissal/non-renewal of the contract. For more information, please

there is a regular pattern of employment, over a substantial period, with regular breaks

contact the ATL to request either the Redundancy in maintained schools or Redundancy in

between successive contracts (for example, during school holidays), then continuity of

further education booklet).

employment may still be maintained. Members finding themselves in this position should

120 The Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations

contact ATL for further advice.

give fixed term employees the right to be treated no less favourably than employees on comparable permanent contracts, unless such treatment can be ‘objectively justified’.

(Unfortunately, the Regulations themselves give no clear guidance as to what constitutes ‘objective justification’).

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37 Association of Teachers and Lecturers

20

TEACHERS RESIGNING THEIR APPOINTMENTS

21

APPENDIX

126 Teachers are subject to precise provisions when giving notice of their intention to leave

The following extracts from the School Teachers’ Pay and Conditions Document 2003 are

a teaching post. Failure to follow these provisions may result in a teacher being in breach

reproduced with the permission of the Department for Education and Skills (DfES).

of contract.

127 Unless explicitly released by their employer, a teacher may only resign at the end of term. The end of a school term is defined as follows: •

for summer term – 31 August

•

for autumn term – 31 December

•

for spring term – 30 April.

CONDITIONS OF EMPLOYMENT PART VIII - GENERAL Conditions to be included 50.1

The conditions of employment of all head teachers shall include the conditions set out in Part IX, the conditions of employment of deputy head teachers and assistant head teachers shall include the conditions set out in Part X and the

Teachers who resign, having given the appropriate period of notice, will be paid up to the

conditions of employment of advanced skills teachers and fast track teachers shall

end of term date.

include the conditions set out in Part XI.

128 All teachers are required to give a minimum of two months’ notice terminating at the

50.2

Subject to paragraph 41.6, 42.2, 42.3 and 50.3, the conditions of employment

end of the school term, (with three months for the summer term). This means that the notice

of all teachers other than head teachers shall include the conditions set out in

requirements are as follows:

Part XII.

•

in the summer term, notice by 31 May with effect from 31 August

•

in the autumn term, notice by 31 October with effect from 31 December

•

in the spring term, notice by 28 February (29 February in a leap year), with effect

50.3

The conditions set out in paragraph 64 (working time) shall not apply to deputy head teachers, assistant head teachers, advanced skills teachers, fast track teachers or to teachers employed to teach part-time, but such a teacher shall in addition to the hours during which he is required to perform his duties as specified

from 30 April.

by the head teacher work such reasonable hours as may be needed to enable him effectively to discharge his professional duties.

129 If a teacher misses one of the deadlines for giving notice, the earliest date he or she may resign, under the terms of the contract, will be the end of the following term. However, with the agreement of the headteacher/governors of the school and of the LEA, it may be possible to serve a shorter period of notice and to leave, for example, at the next half term.

38

50.4

Nothing in this Document shall be taken to conflict with Council Directive 93/104/EC of 23rd November 1993 concerning certain aspects of the organisation of working time.

39 Association of Teachers and Lecturers

PART IX - CONDITIONS OF EMPLOYMENT OF HEAD TEACHERS

Professional duties

Overriding requirements

54

The professional duties of a head teacher shall include:

54.1

School aims:

51.1

A head teacher shall carry out his professional duties in accordance with and subject

formulating the overall aims and objectives of the school and policies for

to:

their implementation;

(a) the provisions of the Education Acts; (b) any orders and regulations having effect thereunder;

Appointment of staff:

(c) the instrument of government of the school of which he is head teacher;

participating in the selection and appointment of the teaching and non-teaching

(d) where the school is a voluntary, foundation or foundation special school, any

staff of the school;

trust deed applying in relation thereto; (e) any scheme prepared by the local education authority under section 48 of the School Standards and Framework Act 1998([2]).

51.2

54.2

54.3

Management of staff:

54.3.1 deploying and managing all teaching and non-teaching staff of the school and allocating particular duties to them (including such duties of the head teacher as

A head teacher shall carry out such duties in accordance with and subject to the

may properly be delegated to a deputy head teacher, assistant head teacher or

following (to the extent to which they are not inconsistent with paragraphs 52 to 55):

other member of the staff) in a manner consistent with their conditions of

(a) in the case of a school which has a delegated budget:

employment, having regard to the nature and extent of their management

(i) any rules, regulations or policies laid down by the governing body under their powers as derived from any of the sources specified in paragraph 51.1; and (ii) any rules, regulations or policies laid down by the authority with respect to matters for which the governing body is not so responsible;

responsibilities, and maintaining a reasonable balance for each teacher between work carried out in school and work carried out elsewhere; 54.3.2 considering in particular in relation to such allocation of duties how far the duties of the head teacher may be delegated to any deputy head teacher or assistant head teacher;

(b) in any other case, any rules, regulations or policies laid down by his employers; and (c) the terms of his appointment.

54.3.3 ensuring save in exceptional circumstances that for foundation and the other core subjects and religious education a teacher is assigned in the school time-table to

51.3

In carrying out his professional duties, including in particular his duties under

every class or group of pupils;

paragraph 54.3.1, a head teacher shall have regard to the desirability of teachers at the school being able to achieve a satisfactory balance between the time required to discharge their professional duties including in particular, in the case of teachers to whom paragraph 64 applies, their duties under paragraph 64.7 and the time required to pursue their personal interests outside work.

General functions 52

Subject to paragraph 51.1 a head teacher shall be responsible for the leadership, internal organisation, management and control of the school.

54.3.4 ensuring that the duty of providing cover for absent teachers is shared equitably among all teachers in the school (including the head teacher), taking account of their teaching and other duties; 54.3.5 ensuring that teachers at the school receive information they need in order to carry out their professional duties effectively; 54.3.6 enabling advanced skills teachers to fulfil their outreach duties under paragraph 57.2 by taking reasonable steps to arrange or permit such work – (a) in the case of such teachers at the school, at the school or elsewhere; and

Consultation 53

In carrying out his duties a head teacher shall consult, where this is appropriate, with

(b) in the case of such teachers from other schools working with teachers from the school, at the school or elsewhere;

the authority, the governing body, the staff of the school and the parents of its pupils.

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41 Association of Teachers and Lecturers

54.3.7 reporting to the chair of governors annually on the professional development of all

54.8.3 ensuring that newly-qualified teachers and those returning to teaching after a break in service have access to adequate support in their first year of service or

teachers at the school;

resumed service;

54.3.8 advising the governing body on the adoption of effective procedures to deal with incompetent teachers; and

54.8.4 being responsible for the supervision and training of teachers during their induction periods in accordance with the Induction Regulations, and making a

54.3.9 keeping the governing body informed of the general operation of such procedures.

54.4

Liaison with staff unions and associations: maintaining relationships with organisations representing teachers and other persons on the staff of the school;

54.5

recommendation at the end of such induction periods as to whether such teachers have met the prescribed induction standards as required by those Regulations; 54.8.5 ensuring that teachers serving induction periods under the Induction Regulations do not teach for more than 90% of the time a teacher at that school who does not receive

Curriculum:

54.5.1 determining, organising and implementing an appropriate curriculum for the school, having regard to the needs, experience, interests, aptitudes and stage of development of the pupils and the resources available to the school; and his duty

a management allowance under paragraph 23 would be expected to teach; 54.9

54.9.1 assessing (subject to approval by an assessor) whether a teacher at the school who applies for a threshold assessment has passed the threshold;

under sections 351(4), 357(1), and 390(4) of the Education Act 1996([3]) and section 69 of the School Standards and Framework Act 1998([4]);

54.9.2 explaining to a teacher who makes an application for a threshold assessment the reasons for the outcome of his application and giving him advice about the

54.5.2 securing that all pupils in attendance at the school take part in daily collective

aspects of his performance which would benefit from further development;

worship in pursuance of his duty under section 70 of the School Standards and Framework Act 1998; 54.6

54.7

54.9.3 where requested by him to do so providing assistance to an assessor in relation to threshold assessments at the school;

Review: keeping under review the work and organisation of the school;

54.9.4 the professional duties of a head teacher under paragraph 54.9 shall not be delegated to a deputy or assistant head teacher, although pursuant to paragraph

Standards of teaching and learning:

56.3 they may be exercised by a deputy head teacher in the head teacher’s

evaluating the standards of teaching and learning in the school, and ensuring that

absence from the school.

proper standards of professional performance are established and maintained; 54.8

Appraisal, training, development and induction of staff:

54.8.1 supervising and participating in arrangements made in accordance with regulations made under section 49 of the Education (No. 2) Act 1986([5]) for the appraisal of the performance of teachers in the school; participating in arrangements made for the appraisal of his performance as head teacher, and that of other head teachers who are the responsibility of the same appraising body in accordance with such regulations; participating in the identification of areas in which he would benefit from further training and undergoing such training;

Threshold assessment

54.10

Advanced skills teacher assessment

54.10.

where requested by him to do so, completing under paragraph 30.3.2 the application for a certificate of eligibility for appointment to an advanced skills teacher’s post of a teacher at the school or a teacher who was last employed at the school;

54.10.2 where requested by him to do so, providing assistance to an assessor in relation to advanced skills teacher assessments at the school; 54.10.3 the professional duties of a head teacher under paragraph 54.10 shall not be

54.8.2 ensuring that all staff in the school have access to advice, training and

delegated to a deputy or assistant head teacher, although pursuant to paragraph

developmental opportunities appropriate to their needs, including needs identified

56.3 they may be exercised by a deputy head teacher in the head teacher’s

in appraisal objectives or in appraisal statements in accordance with the policies

absence from the school.

of the maintaining authority and governing body;

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43 Association of Teachers and Lecturers

54.11

54.12

Management information:

providing for liaison and co-operation with the officers of the maintaining

school where this is relevant to their future employment;

authority; making such reports to the authority in connection with the discharge of his functions as they may properly require, either on a regular basis or from time

Pupil progress:

to time; 54.19

maintaining liaison with other schools and further education establishments with

determining and ensuring the implementation of a policy for the pastoral care of

which the school has a relationship; 54.20

Discipline: provided for him by the governing body, measures to be taken with a view to promoting, among the pupils, self-discipline and proper regard for authority,

the school which are under the control of the head teacher; 54.21

body of a community, voluntary, foundation or community or foundation special

of behaviour of the pupils is acceptable and otherwise regulating the conduct of

school (as appropriate), for the security and effective supervision of the school

the pupils; making such measures generally known within the school, and

buildings and their contents and of the school grounds; and ensuring (if so

ensuring that they are implemented; and

required) that any lack of maintenance is promptly reported to the maintaining

54.14.2 ensuring the maintenance of good order and discipline at all times during the premises and whenever the pupils are engaged in authorised school activities,

authority or, if appropriate, the governing body; 54.22

responsibility for the discharge of his functions as head teacher at any time when

54.15 Relations with parents: curriculum, the progress of their children and other matters affecting the school,

Absence: arranging for a deputy head teacher or other suitable person to assume

whether on the school premises or elsewhere;

making arrangements for parents to be given regular information about the school

Premises: making arrangements, if so required by the maintaining authority or the governing

encouraging good behaviour on the part of the pupils, securing that the standard

school day (including the midday break) when pupils are present on the school

Resources: allocating, controlling and accounting for those financial and material resources of

54.14.1 determining, in accordance with any written statement of general principles

he is absent from the school; 54.23

Teaching: participating, to such extent as may be appropriate having regard to his leadership

so as to promote common understanding of its aims; 54.16

Relations with other educational establishments:

Pastoral care: the pupils;

54.14

Relations with the authority:

providing information about the work and performance of the staff employed at the

ensuring that the progress of the pupils of the school is monitored and recorded; 54.13

54.18

and other functions and duties, in the teaching of pupils at the school, including

Relations with other bodies:

the provision of cover for absent teachers.

promoting effective relationships with persons and bodies outside the school;

Daily break 54.17

Relations with the governing body: advising and assisting the governing body of the school in the exercise of their functions, including (without prejudice to any rights he may have as a governor of the school) attending meetings of the governing body and making such reports to

55

A head teacher shall be entitled to a break of reasonable length in the course of each school day, and shall arrange for a suitable person to assume responsibility for the discharge of his functions as head teacher during that break.

them in connection with the discharge of his functions as they may properly require either on a regular basis or from time to time;

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45 Association of Teachers and Lecturers

PART IX - CONDITIONS OF EMPLOYMENT OF HEAD TEACHERS

Professional duties

PART XI - CONDITIONS OF EMPLOYMENT OF ADVANCED SKILLS TEACHERS AND FAST TRACK TEACHERS

Professional duties 56

A person appointed as a deputy or assistant head teacher in a school, in addition

57.1

to carrying out the professional duties of a teacher other than a head teacher (as

professional duties of a teacher other than a head teacher (as described in Part

described in Part XII) including those duties particularly assigned to him by the

XII) including those duties particularly assigned to him by the head teacher, may

head teacher, shall: 56.1

be required to carry out the following professional duties:

play a major role under the overall direction of the head teacher in:

(a) participating in initial teacher training;

(a) formulating the aims and objectives of the school;

(b) participating in the induction and mentoring of newly qualified teachers;

(b) establishing the policies through which they shall be achieved;

(c) advising other teachers on classroom organisation and teaching methods;

(c) managing staff and resources to that end; and

(d) producing high quality teaching materials;

(d) monitoring progress towards their achievement; 56.2

A teacher who is an advanced skills teacher, in addition to carrying out the

(e) disseminating to other teachers materials relating to best practice and educational research;

undertake any professional duties of the head teacher reasonably delegated to

(f) advising on the provision of continuous professional development;

him by the head teacher;

(g) participating in the appraisal of other teachers; 56.3

in the case of a deputy head teacher only, undertake to the extent required by the

(h) helping teachers who are experiencing difficulties;

head teacher or the relevant body or, in the case of a foundation, voluntary aided

(i) producing high quality resources and materials, including video recordings of

or foundation special school, the governing body, the professional duties of the

lessons, for dissemination in their own school and other schools.

head teacher in the event of his absence from the school; and 57.2 56.4

be entitled to a break of reasonable length as near to the middle of each school

An advanced skills teacher shall normally spend 20% of their time undertaking outreach work carrying out the duties in paragraph 57.1 with or for the benefit of

day as is reasonably practicable.

teachers or trainee teachers from other schools, whether at the school of the advanced skills teacher, at that of the other teacher, in higher education institutions, at facilities of the authority or elsewhere.

58

Subject to paragraph 64.1, the professional duties of a fast track teacher shall be the professional duties of a teacher other than a head teacher (as described in Part XII).

Daily break 59

An advanced skills teacher or a fast track teacher shall be entitled to a break of reasonable length as near to the middle of each school day as is reasonably practicable.

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47 Association of Teachers and Lecturers

PART XII - CONDITIONS OF EMPLOYMENT OF TEACHERS OTHER THAN HEAD TEACHERS

62.1.1 planning and preparing courses and lessons; 62.1.2 teaching, according to their educational needs, the pupils assigned to him, including the setting and marking of work to be carried out by the pupil in school and elsewhere;

Exercise of general professional duties 60.1

Subject to paragraphs 41.6 and 42.2, a teacher who is not a head teacher shall

62.1.3 assessing, recording and reporting on the development, progress and attainment of pupils;

carry out the professional duties of a teacher as circumstances may require: 60.1.1 if he is employed as a teacher in a school, under the reasonable direction of the head teacher of that school;

62.2

Other activities:

62.2.1 promoting the general progress and well-being of individual pupils and of any class or group of pupils assigned to him;

60.1.2 if he is employed by an authority on terms under which he is not assigned to any one school, under the reasonable direction of that authority and of the head teacher

62.2.2 providing guidance and advice to pupils on educational and social matters and on their further education and future careers, including informa?tion about sources of

of any school in which he may for the time being be required to work as a teacher.

more expert advice on specific questions; making relevant records and reports; 60.2

A teacher who has failed satisfactorily to complete an induction period and who is employed pursuant to regulation 18(5) of the Induction Regulations in relation to

62.2.3 making records of and reports on the personal and social needs of pupils;

England or regulation 16(5) of the Induction Regulations in relation to Wales must

62.2.4 communicating and consulting with the parents of pupils;

only carry out such limited teaching duties as the Secretary of State determines pursuant to that regulation.

62.2.5 communicating and co-operating with persons or bodies outside the school; and 62.2.6 participating in meetings arranged for any of the purposes described above;

Exercise of particular duties 61.1

Subject to paragraph 41.6, 42.2, 42.3, and 60.2 a teacher employed as a teacher

62.3

providing or contributing to oral and written assessments, reports and references

(other than a head teacher) in a school shall perform, in accordance with any

relating to individual pupils and groups of pupils;

directions which may reasonably be given to him by the head teacher from time to time, such particular duties as may reasonably be assigned to him.

61.2

Assessments and reports:

62.4

Appraisal: participating in arrangements made in accordance with regulations made under

A teacher employed by an authority on terms such as those described in

section 49 of the Education (No. 2) Act 1986([6])for the appraisal of his

paragraph 60.1.2 shall perform, in accordance with any direction which may

performance and that of other teachers;

reasonably be given to him from time to time by the authority or by the head teacher of any school in which he may for the time being be required to work as a

62.5

teacher, such particular duties as may reasonably be assigned to him.

62.5.1 reviewing from time to time his methods of teaching and programmes of work;

Professional duties

Review, induction, further training and development:

62.5.2 participating in arrangements for his further training and professional development as a teacher including undertaking training and professional development which

62

Subject to paragraph 41.6, 42.2 and 42.3 the following duties shall be deemed to

aim to meet needs identified in appraisal objectives or in appraisal statements;

be included in the professional duties which a teacher (other than a head teacher) may be required to perform:

62.5.3 in the case of a teacher serving an induction period pursuant to the Induction Regulations, participating in arrangements for his supervision and training;

62.1

Teaching: In each case having regard to the curriculum for the school, and with a view to

62.6 Educational methods:

promoting the development of the abilities and aptitudes of the pupils in any class

advising and co-operating with the head teacher and other teachers (or any one

or group assigned to him:

more of them) on the preparation and development of courses of study, teaching materials, teaching programmes, methods of teaching and assessment and pastoral arrangements;

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49 Association of Teachers and Lecturers

62.7

62.8

Discipline, health and safety:

62.11

maintaining good order and discipline among the pupils and safeguarding their

62.11.1 contributing to the selection for appointment and professional development

health and safety both when they are authorised to be on the school premises and

of other teachers and non-teaching staff, including the induction and assessment

when they are engaged in authorised school activities elsewhere;

of new teachers and teachers serving induction periods pursuant to the

or the administration or organisation of the school, including pastoral arrangements; 62.9

Induction Regulations; of other teachers for whom he has management responsibility;

Staff meetings: participating in meetings at the school which relate to the curriculum for the school

62.11.3 co-ordinating or managing the work of other staff; and 62.11.4 taking such part as may be required of him in the review, development and management of activities relating to the curriculum, organisation and pastoral

Cover:

functions of the school;

62.9.1 subject to paragraph 62.9.2, supervising and so far as practicable teaching any pupils whose teacher is not available to teach them: 62.9.2 subject to the exceptions in paragraph 62.9.3, no teacher shall be required to provide such cover;

62.12

(b) where the fact that the teacher would be absent or otherwise not available for

Administration:

62.12.1 participating in administrative and organisational tasks related to such duties as are described above, including the direction or supervision of persons providing support for the teachers in the school; and

(a) after the teacher who is absent or otherwise not available has been so for three or more consecutive working days;

Management:

62.12.2 attending assemblies, registering the attendance of pupils and supervising pupils, whether these duties are to be performed before, during or after school sessions.

a period exceeding three consecutive working days was known to the maintaining authority or, in the case of a school which has a delegated

62.12.3 Paragraph 62.12.1 does not require a teacher routinely to undertake tasks of a

budget, to the governing body, for two or more working days before the

clerical or administrative nature which do not call for the exercise of a teacher’s

absence commenced;

professional skills and judgment.

62.9.3 the exceptions are:

62.12.4 Without prejudice to the generality of paragraph 62.12.3 Annex 5 contains a list of

(a) he is a teacher employed wholly or mainly for the purpose of providing such

tasks falling within the scope of that paragraph.

cover (“a supply teacher�); or (b) the authority or governing body (as the case may be) have exhausted all reasonable means of providing a supply teacher to provide cover without success; or

Management time 63

(c) he is a full-time teacher at the school but has been assigned by the head

A teacher with leadership or management responsibilities shall be entitled, so far as is reasonably practicable, to a reasonable amount of time during school

teacher in the time-table to teach or carry out other specified duties (except

sessions for the purpose of discharging those responsibilities.

cover) for less than 75 per cent of those hours in the week during which pupils are taught at the school; 62.10

Public examinations:

Working time 64.1

The provisions of this paragraph shall not apply to deputy head teachers, assis-

participating in arrangements for preparing pupils for public examinations and in

tant head teachers, advanced skills teachers, fast track teachers or to teachers

assessing pupils for the purposes of such examinations and recording and

employed to teach part-time and are subject to paragraphs 41.6, 42.2 and 42.3.

reporting such assessments;

64.2

A teacher employed full-time, other than in the circumstances described in paragraph 64.4, shall be available for work for 195 days in any school year, of which 190 days shall be days on which he may be required to teach pupils in addition to carrying out other duties; and those 195 days shall be specified by his employer or, if the employer so directs, by the head teacher.

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51 Association of Teachers and Lecturers

64.3

Such a teacher shall be available to perform such duties at such times and such

ANNEX 5

places as may be specified by the head teacher (or, where the teacher is not

64.4

assigned to any one school, by his employer or the head teacher of any school in

Administrative and clerical tasks

which he may for the time being be required to work as a teacher) for 1265 hours

•

Collecting money from pupils and parents.

in any school year, those hours to be allocated reasonably throughout those days

•

Investigating a pupil’s absence.

in the school year on which he is required to be available for work.

•

Bulk photocopying.

Paragraph 64.2 does not apply to such a teacher employed wholly or mainly to

•

Typing or making word-processed versions of manuscript material and producing revisions of such versions.

teach or perform other duties in relation to pupils in a residential establishment.

• 64.5

64.6

Time spent in travelling to or from the place of work shall not count against the

standard letters, to parents and pupils.

1265 hours referred to in paragraph 64.3.

•

Producing class lists on the basis of information provided by teachers.

Such a teacher shall not be required under his contract as a teacher to undertake

•

Keeping and filing records, including records based on data supplied by teachers.

midday supervision, and shall be allowed a break of reasonable length either

•

Preparing, setting up and taking down classroom displays in accordance with decisions taken by teachers.

between school sessions or between the hours of 12 noon and 2.00pm.

64.7

Word-processing, copying and distributing bulk communications, including

Such a teacher shall, in addition to the requirements set out in paragraphs 64.2 and 64.3, work such reasonable additional hours as may be needed to enable him to discharge effectively his professional duties, including, in particular, his duties

•

Producing analyses of attendance figures.

•

Producing analyses of examination results.

•

Collating pupil reports.

•

Administration of work experience (but not selecting placements and supporting

under paragraphs 62.1.1 and 62.1.3. The amount of time required for this purpose beyond the 1265 hours referred to in paragraph 64.3 and the times outside the 1265 specified hours at which duties shall be performed shall not be defined by the employer.

pupils by advice or visits).

•

Administration of public and internal examinations.

•

Administration of cover for absent teachers.

•

Ordering, setting up and maintaining ICT equipment and software.

•

Ordering supplies and equipment.

•

Cataloguing, preparing, issuing and maintaining materials and equipment and stocktaking the same.

•

Taking verbatim notes or producing formal minutes of meetings.

•

Coordinating and submitting bids (for funding, school status and the like) using contributions by teachers and others.

•

Transferring manual data about pupils not covered by the above into computerised school management systems.

•

52

Managing the data in school management systems.

53 Association of Teachers and Lecturers

ANNEX 6

56A.3 PPA time shall be provided in periods of not less than half an hour during those parts of the school time-table in which pupils are taught the core and

Part 1: Changes taking effect on 1st September 2004 1.

other foundation subjects or religious education.

Replace paragraph 54.3.4 with –

56A.4 A deputy or assistant head teacher shall not be required to carry out any

“ensuring that the duty of providing cover for absent teachers is shared equitably

other duties, including the provision of cover in accordance with paragraph

among all teachers in the school (including the head teacher), taking account of

62.9, during his PPA time.”.

their teaching and other duties and of the desirability of not using a teacher at the school until all other reasonable means of providing cover have been exhausted;”.

7.

After paragraph 59 insert – “Guaranteed planning and preparation time

2.

3.

At the end of paragraph 54.23 add –

59A

“(but to no greater extent than if he were a teacher to whom paragraph 62.9.2 applies.”.

entitlement to planning and preparation time as a deputy or assistant head

Replace paragraph 62.9.2 and 62.9.3 with –

teacher has under paragraph 56A.”.

“except in the case of teacher employed wholly or mainly for the purpose of

8.

5.

6.

Replace paragraph 62.10 with –

providing such cover, no teacher shall be required to provide such cover for more

“participating in arrangements for preparing pupils for public examinations and in

than 38 hours in any school year;”.

assessing pupils for the purposes of such examinations and recording and reporting such assessments;”.

Part 2: Changes taking effect on 1st September 2005 4.

An advanced skills teacher or a fast track teacher shall have the same

After paragraph 55 insert –

9

Insert after paragraph 64 –

“Dedicated headship time

“Guaranteed planning and preparation time

55A

A head teacher shall be entitled to a reasonable amount of time during

65.1 A teacher to whom paragraph 64 applies shall be allowed as part of the

school sessions, having regard to his teaching responsibilities, for the

1265 hours referred to in paragraph 64.3 reasonable periods of time (“PPA

purpose of discharging his leadership and management responsibilities.”.

time”) to enable him to carry out his duties under paragraphs 62.1.1

After paragraph 54.23 insert –

(planning and preparing courses and lessons), 62.1.3 (assessing, recording

“Guaranteed planning and preparation time

and reporting on the development, progress and attainment of pupils) and

54A

62.3 (assessments and reports).

A head teacher who participates in the teaching of pupils at the school shall have the same entitlement to planning and preparation time as a deputy or

65.2 PPA time shall amount to not less than 10% of the teacher’s time-tabled

assistant head teacher has under paragraph 56A (treating the reference in

teaching time (and for this purpose “time-tabled teaching time” means the

that paragraph to time-tabled teaching time as a reference to the aggregate

aggregate period of time in the school time-table during which the teacher has

period of time during which he has assigned himself to teach pupils).”.

been assigned by the head teacher in the school time-table to teach pupils).

After paragraph 56 insert – “Guaranteed planning and preparation time 56A.1 A deputy head teacher or an assistant head teacher shall be entitled to reasonable periods of time (“PPA time”) to enable him to discharge his duties under paragraphs 62.1.1 (planning and preparing courses and lessons),62.1.3 (assessing, recording and reporting on the development, progress and attainment of pupils) and 62.3 (assessments and reports).”.

56A.2 PPA time shall amount to not less than 10% of the deputy or assistant head teacher’s time-tabled teaching time (and for this purpose “time-tabled teaching time” means the aggregate period of time in the school time-table

65.3 PPA time shall be provided in periods of not less than half an hour during those parts of the school time-table in which pupils are taught the core and other foundation subjects or religious education.

65.4 Such a teacher shall not be required to carry out any other duties, including the provision of cover in accordance with paragraph 62.9, during his PPA time.

65.5 Paragraphs 65.1 to 65.3 also apply to a classroom teacher who is employed on a part-time basis with the substitution for the reference to 1265 hours in paragraph 65.1 of a reference to that number which as a proportion of 1265 hours equates to the proportion of the school week that the teacher is normally employed.”.

during which the teacher has been assigned by the head teacher in the school time-table to teach pupils).

54

55 Association of Teachers and Lecturers

Association of Teachers and Lecturers 2003 ATL members

FREE

Non–members

£7.99

ATL product code

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ISBN

1 902466 306

ASSOCIATION OF TEACHERS AND LECTURERS, 7 NORTHUMBERLAND STREET LONDON WC2N 5RD Tel 020 7930 6441 Fax 020 7930 1359 E-mail info@atl.org.uk Web www.askatl.org.uk Publications despatch line: 0845 4500 009

56 Association of Teachers and Lecturers