As part of the 2016-18 pay deal, the local government employers and the recognised trade unions agreed to conduct a joint review of term-time working to consider a national approach “to deliver fair, consistent and transparent contracts for school support staff”.
An initial section of guidance has now been agreed and covers the following issues:
- Guiding principles on calculation of pay and annual leave (including advisory model calculation).
- Designation of annual leave.
- Calculation of redundancy pay.
- Termination of employment or contractual change part way through leave year.
- Payment for overtime and additional working hours.
- School closure periods (including public holidays, special leave, public duties).
- Training and career development.
- Participation in trade union activities and duties.
The guidance has been incorporated as Part 4.12 into the next updated version of the National Agreement (‘Green Book’). It is intended in due course to issue further guidance relating to sickness and maternity, maternity support, adoption, parental and shared parental leave and pay for term-time only employees.
We would specifically refer members and Reps to the following paragraphs:
4.2 - Calculation of pay. Schools should be asked to confirm how TTO pay is being calculated, and to ensure that the calculation is included in the Statement of Particulars of Employment.
4.4 - Advertising of posts. The habit of some schools of advertising the FTE rate of pay, instead of the actual, TTO one, is now officially outlawed.
4.5 - Pay for additional hours. This is a welcome restatement of the official position on occasional and regular additional hours worked. And Paragraph 11.1 confirms that additional non-standard hours worked should be compensated at the appropriate overtime rate (See Green Book Part 3, Paragraph 2.3).
4.6 - INSET. This clears up any ambiguity about whether INSET days are working, paid days. This means that if you are a full-time employee in term-time, then the appropriate overtime rate should apply.
And as you will see, there are many other positive aspects to the guidance.
The guidance recommends that employers review their term-time only working policies and pay and leave calculations to ensure that they are consistent with the principles outlined in this guidance, and consult with recognised trade unions about any proposed changes.
Support staff members should liaise with their school Rep or Contact, or in the absence of one, with your Branch Secretary, to ensure that the school conducts the review in a timely manner.