Part-Time Teachers Pay and Working Time Arrangements

Transcription

1 Children and Young People s Services Part-Time Teachers Pay and Working Time Arrangements This procedure has been agreed by the following professional associations / trade unions School Based Staff National Union of Teachers National Association of Schoolmasters Union of Women Teachers Association of Teachers and Lecturers National Association of Headteachers Association of School and College Leaders UNISON GMB 1

2 1. INTRODUCTION 1.1 These procedures are drawn up to ensure compliance with relevant employment legislation: School Teachers Pay and Conditions Document 2008 The Part- Time Worker (Prevention of Less Favorable Treatment) Regulations 2000 The Working Time Regulations 1998 The Sex Discrimination Acts 1975 and 1986 The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 Local Government Employers (LGE) guidelines Rewards and Incentive Group (RIG) guidelines 1.2 These procedures are agreed by Shropshire Council with the appropriate professional associations/trade unions representing staff employed in schools. Drawn up by CYPS Human Resources, these procedures are recommended for adoption by Governors of Locally Managed Schools. Copies of these procedures will be made available to all staff in the school. 1.3 The aim of these procedures is to ensure fairness and consistency in the calculation of part-time teacher pay and working time that is based on relativity to their full time equivalents within Shropshire Schools. 2. BACKGROUND 2.1 Changes to clarify how pro-rata salaries for part-time teachers should be calculated and working time specified under the calculation and payment to Part-time teachers were agreed in the School Teachers Pay & Conditions Document (STPCD) This followed recommendations from the School Teachers Review Board (STRB). The purpose was to establish a clear measure for calculating pay and working time of parttime teachers pay and working time that is consistent, fair and is based on their full-time equivalents. 2.2 Local Government Employers (LGE) recognised the difficulties posed for LA s in working through and applying the STPCD 2008 provisions which was exacerbated by a late publication date and subsequent additional guidance. LGE guidance and Rewards and Incentive Group (RIG) guidance together has been used as a basis for this guidance and application for Shropshire schools. 3. SCOPE 3.1. These procedures cover all teaching staff employed at the school who have part-time contracts It is recognised that pay and working time arrangements for part-time teachers employed in secondary schools are already based on their full time equivalents within the same school. Nevertheless, the principles in these procedures apply to the calculation of pay and directed time. 3.3 The procedures will be applied fairly and consistently to such staff regardless of: Race (i.e. race,colour,ethnic or national origin, nationality or citizenship Gender 2

3 Disability* Sexual orientation Age Religion or belief Trade Union membership Contract type (i.e. it also applies to part time staff employed regularly on a temporary or fixed term contract), *Within the procedures consideration will be given, where relevant, to the provisions of the Disability Discrimination. Act, in particular the obligation to make reasonable adjustments when dealing with employees who have a disability as defined by the act. 3.4 These procedures do not apply to: (a) staff who are employed on a casual basis, including "supply teachers", where further employment is not offered or guaranteed.. (b) (c) staff who are employed on a short-notice basis where further employment is not offered or guaranteed. Part-time school support staff that are covered under the NJC National Agreement on Pay and Conditions of Service. 4. SCHOOL TIMETABLED TEACHING WEEK (STTW) 4.1 Under the changes, each school is required to calculate the proportion of time a part-time teacher works against the school s timetabled week (STTW). The STTW refers to the school session hours that are timetabled for teaching, including PPA time and other noncontact time but excluding: Break times; Registration; and Assemblies 4.2 As some schools incorporate an early years, Key stage 1 and Key stage 2 phases there may be different timetabled teaching weeks for each. In these circumstances, the school will need to provide more than one STTW so that when it is applied in the calculation at section 6, two or more calculations will have to be made to arrive at a consolidated pro-rata salary for the teacher concerned. 4.3 The school, timetabling needs may change from time to time and this may impact on the contracts of part-time teachers in that school. Before any changes take place, Head teachers must consult in good time with any teacher or teachers who may be affected. 3

4 5. CALCULATION OF PART-TIME FTE/ HOURS 5.1 The STTW of a full-time classroom teacher is to be used as the basis for calculating the percentage of the STTW for a part-time teacher at the same school. For example, if the school session times, excluding registration and assembly, run from 9.00a.m. to p.m. and again from 1.15 p.m. to 3.30 p.m. with one 15 minute break in the morning session and one 15 minute break in the afternoon session, the school s timetabled teaching week would be calculated as: Morning session = 3 hours, afternoon session= 2 hours, whole day = 5 hours, STTW = 25 hours. If a part-time classroom teacher in this example were to be employed at the school in question for mornings only, working 9.00 a.m. to p.m. every day, their percentage of the STTW would be calculated as 15 hours per week, 0.60 of full-time (15/25). Before the changes this would have been a 0.50 FTE (12.50/25) contract. Therefore an increase of 0.10 FTE (2.50/25) in this example is applicable. This is purely a means of establishing pro-rata pay and working time, it does not mean that the teacher is not required to attend assemblies and registration etc within their overall directed time. The pro-rata pay includes pay for all these elements. 5.2 For teachers that work part-time in more than one school, each contract will be assessed against each school s respective STTW. This means that the total number of hours/ FTE may exceed the equivalent total to that of a full time employee i.e. 1.0 FTE/25 hours. However, under Pension regulations the total service accumulated by a part-time teacher cannot exceed the full-time equivalent. Therefore, any additional service will not be taken into account for pension purposes. 5.2 Shropshire schools were asked to complete their respective STTW (s) together with their part-time teachers work patterns and return to the LA during Summer This data was then processed during Autumn 2009; the percentage of the STTW s and the difference calculated against each teacher in that school. Where a teacher s FTE was increased, the new FTE was applied from September 2009 and Headteacher s were asked to authorise the actual period of arrears due. 6. ALLOWANCES 6.1 Any allowances to which the teacher is entitled on a pro-rata basis would increase if the teacher s salary percentage increased, but where the teacher is in post as at 31 August 2008 continuing into September 2008 allowances should not be decreased if the salary percentage decreased as a result of this calculation, until 31 August The guidance states that specific safeguarding for allowances would be excessively complex for what are likely to be relatively small sums. 6.2 Where changes imposed by the school to existing part-time teacher s contracts effective from September 2009 or later result in a decrease of allowances. Safeguarding arrangements will be applied in accordance with paragraph 49.4 of STPCD. This is up to 3 years. 4

5 7. PART TIME CALCULATOR 7.1 For new part-time teachers and/ or changes notified to the LA from 1 September 2009, a Part-time Calculator (Appendix A) has been devised and distributed to schools. This enables schools to carry out a quick and accurate calculation of the FTE/ hours for a new part-time teacher s post or changes to a part-time teacher in their school. The calculator requires the relevant STTW of the school which the school should provide to the LA. The school simply enters their cost centre code and Key Stage (if more than one) and then the number of morning and afternoon sessions to be worked. The FTE and hours is then populated. Please contact the CYPS HR team/ or contracts team for advice on how to use this calculator. It should be noted that it is only necessary to apply the calculator when the post holder is required to work part-days. For part-time post holders working full days, the FTE will be calculated as before. I.e. 1 day = 0.20 FTE, 2 days = 0.40 FTE, 3 days = 0.60 FTE and 4 days = 0.80 FTE. 7.2 The new method of calculating the part-time FTE should be applied and notified to Shropshire Recruitment & Contracts Team on the Request to advertise form, New Starter Form and Contract Amendment Form. These forms have been amended to also allow schools to indicate the working pattern of the part-time post holder. The new versions of these forms are available to down load from the Learning Gateway. Alternatively, please contact CYPS HR or the Shropshire Recruitment & Contracts Team if you do not have them. 8. SAFEGUARDING 8.1 For part-time teachers safeguarding may apply in a small numbers of cases to those teachers where a revised calculation produced a lower salary than was expected. For safeguarding to apply, the teacher must have been in post on 31 August 2008 and remained in post from 1 September This will be applied in accordance with paragraph 49.4 of STPCD and for up to a maximum three years to 31 August Where changes imposed by the school to existing part-time teacher s contracts effective from September 2009 or later result in a lower salary, safeguarding arrangements will be applied in accordance with paragraph 49.4 of STPCD. This is up to 3 years from the date of change. All other part-time contracts commencing from September 2009 or later where a revised salary produced a lower salary than expected will not be protected. 8.3 If the teacher in receipt of a safeguard sum is placed on a higher point on the main scale or upper scale (including Threshold) during the safeguard period, if the total increases due to movement on the main scale or upper scale since safeguarding began equals or exceeds the safeguarded sum, safeguarding ceases. 5

6 9. DIRECTED TIME 9.1 The same percentage is used to calculate directed time hours more accurately for parttime teachers. In addition a part-time teacher is subject to the provision set out in paragraph of the 2008 STPCD which requires teachers to work such reasonable additional hours as may be needed to enable him or her to discharge duties effectively. 9.2 It is therefore important both for the Head teacher of the school and the part-time teacher that a clear understanding, expressed in writing, is achieved at the time of appointment of such a teacher or at the point of any change, as to the redeployment of directed time for the teacher in the context of the school to which they have been appointed. The school s needs in respect of a part-time teacher s directed time, defined through the calculation referred to above, should be organised in such a way at the start of the year, so that its requirements in respect of the following are accommodated within the available time: Teaching time; PPA time; Management and leadership time where applicable; Registration, break duty and assemblies; Other timetabled non-contact time; Pastoral duties; Other duties requiring the skills, experience and qualification of a qualified teacher; Attendance at business meetings during session times; Attendance at out of session time business meetings; Attendance at parental consultation meetings; Attendance at a proportion on non-pupil days; 10. PAYING ADDITIONAL WORKINGTIME 10.1 There may be circumstances where it may be appropriate for the Headteacher and parttime teacher to agree additional time e.g. for cross over time or when the revised calculation produced a lower salary than was expected. The Headteacher and the teacher should meet to discuss what might be done to address this difficulty, including consideration of the teacher s acceptance of a lower salary or the addition of more working time with a view to reaching an agreement on the contractual basis of the teacher s employment. In any event, the statutory provisions of STPC must prevail Where Headteachers wish to pay regular additional hours, this should be indicated on the relevant form (e.g. Contract Amendment Form). Please contact CYPS HR who will be able to provide a new total FTE/ hours. 6

7 11. NON- PUPIL DAYS 11.1 Part time teachers are not required to attend non-pupil days or parents evening on their non- working days. Headteachers may therefore, where appropriate, consider introducing some variation in the days of the week selected for non-pupil days to promote better matching of non-pupil days with the days on which part-time teachers work, in the interests of encouraging wider attendance and enabling part-time teachers to benefit from the CPD or collaborative work arranged for these days Agreement should be reached, by the start of the school year, between the school and the part-time teacher as to which non- pupil days in each year s calendar will be attended. 12. MANAGING PART-TIME TEACHERS NON-TEACHING DUTIES 12.1 Headteachers are advised to take steps, by managing the forward planning of calendars and time budgets considerately, to avoid or minimise situations where part-time teachers have non-working time between periods of directed time in any given day. Such situations can occur where a teacher is working during a morning session, is not working during the afternoon, but is required to attend a business meeting or parental consultation in the early evening. 13. JOB SHARE 13.1 In a job sharing arrangement each individual is contracted on a part-time basis to cover a specific full-time post. Job sharing is simply a description of how that individual will work in co-operation with another or others in discharging the responsibilities of that post. Where teachers are employed to work part-time within a job share arrangement it should be established at the point of employment, and clarified in the contract, which teacher will be available for direction for activities and duties which fall outside the timetabled teaching week Headteacher s should be clear about the allocation of directed time for each job share partner with regards to matters such as parents evening and in-service training and nonpupil days 13.3 Headteacher s may find it helpful to explore whether those engaged in a job share would be willing to cover for their partner in the event of absence or whether they would need to make its normal arrangements for cover in such circumstances. Any such agreement must be voluntary. 7

8 14. PENSIONS 14.1 Since 1 January 2007 all new teachers, irrespective of whether part or full time are automatically members of the Teachers Pension Scheme unless they make a conscious decision and submit an opt out form Prior to 1 January 2007, teachers employed on a part time basis had to elect to join the Teachers Pension Scheme. This provision remains for those teachers i.e. they must submit an opt-out election form if they want to join the scheme. It must be noted that these teachers will be opting in to the new normal pension age 65 arrangements, if they join for the first time or it is more than 5 years since any previous pensionable service, even if they submit a further election to make previous service pensionable 14.3 Existing teachers employed on a part-time basis who have change in their employment contract after 1 January 2007 will automatically become members of the Teachers Pension Scheme unless they formally opt-out as detailed above. It is for the employer and employee to decide what constitutes a change in contract; the default position should be that a teacher is in the scheme unless they opt out Regulations governing the Teacher s Pension scheme restrict the amount of service that can be used in the calculation of retirement benefits to a maximum of 365 days per annum. This means that the total service accumulated by a part-time teacher cannot exceed the fulltime equivalent. Therefore, if under the new arrangements, the total sum of contracts for a part-time teacher working in more than one school exceeds 1 FTE/ 25 hours, the additional service will not be taken into account for pension purposes. 8

9 APPENDIX A Schools Part Time Calculator Example Calculator School Cost Centre ks2 Pretty Primary School KS2 School FTE Calculator Instructions for Completion Insert all purple fields & see instruction below Enter school costs centre in first box then tab to second box and use drop down to select All/ KS1/ KS2/ Nursery This field will populate with school name & KS Mrs Ann Bloggs Optional fields for completion of name and employee number if print of calculation required Total School Session Hours 4.5 This field will populate School Morning Session Hours 2.5 This field will populate No days in timetable 2 Enter no of days in timetable that employee will work mornings Total Employee Morning Sessions Hours 5 This field will populate % of Available Morning School Session Hours 22% This field will populate School Afternoon Session Hours 2 This field will populate No days in timetable 1 Enter no of days in timetable that employee will work afternoons Total Employee Afternoon Session Hours 2 This field will populate % of Available School Afternoon Session Hours 9% This field will populate FTE This field will populate & provides the FTE for the employee HOURS 7.78 This field will populate & provides the hours for the employee 9