SUPPLY TEACHERS CONFERENCE 7 MARCH 2015 Sam Oyebitan (Principal Official, Legal and Casework) 1Supply Teachers’ Conference – March 2015

KNOW YOUR RIGHTS 2Supply Teachers’ Conference – March 2015

KNOW YOUR RIGHTS What is my employment status? Am I self employed or an employee? How do I know? 3Supply Teachers’ Conference – March 2015

KNOW YOUR RIGHTS 1.Have I been issued with:- (a)a contract of employment; or (b)a contract for service? 2.What if I have been issued with two separate contracts by both the Agency and Umbrella Co? 4Supply Teachers’ Conference – March 2015

KNOW YOUR RIGHTS Law And Practice 5Supply Teachers’ Conference – March 2015

KNOW YOUR RIGHTS Are there any legal protection for supply teachers? Agency Workers Regulations Supply Teachers’ Conference – March 2015

AWR Applies to the tripartite relationship between: Agency workers (supply teacher) Temporary worker agency (recruitment agency) Hirer (the school). 7Supply Teachers’ Conference – March 2015

AWR The two main rights under Act are referred to as:- (a)“Day one” rights (b)“Week 12” rights 8Supply Teachers’ Conference – March 2015

LEGISLATIVE FRAMEWORK AWR 2010 Day one rights 1.Right to be treated no less favourably than a comparable employee or worker in the hirer’s establishment in relation to “collective facilities and amenities”, unless less favourable treatment is objectively justified. 2.Right to be informed of any relevant vacancies during the assignment in order to be given the same opportunity as a comparable worker to find permanent employment with the hirer. 9Supply Teachers’ Conference – March 2015

AWR 2010 Collective facilities and amenities are:- 1.Canteen or other similar facilities 2.Child-care facilities 3.The provision of transport facilities. Points to note: 1.Equal access to collective facilities and amenities is not intended to extend to a right to all benefits a school might provide to direct employees. For example, it does not cover prayer room or car parking. 10Supply Teachers’ Conference – March 2015

AWR 2010 Points to note: 2.Objective justification – for instance, if the hirer could show that he was seeking to achieve a genuine business objective and the treatment is a necessary and appropriate way of achieving that objective, then the hirer has a defence to a under the Day one right. 11Supply Teachers’ Conference – March 2015

AWR 2010 Week 12 rights Entitlement to the same “basic working and employment conditions” as they would have been entitled to for doing the same job had they been recruited by the hirer. However, this entitlement does not apply until a supply teacher has undertaken the same role, whether on one or more assignments, with the same hirer for 12 continuous calendar weeks – the qualifying period. 12Supply Teachers’ Conference – March 2015

AWR 2010 Basic working and employment conditions are: the relevant terms and conditions that are ordinarily included in the contracts of employees of the school. Terms agreed through collective agreement are included. 13Supply Teachers’ Conference – March 2015

AWR 2010 What are relevant terms and conditions? 1.Pay, 2.Duration of working time; 3.Night work; 4.Rest periods; 5.Rest breaks; and 6.Annual leave. 14Supply Teachers’ Conference – March 2015

AWR 2010 Calculating the 12-week qualifying period Points to note: To be entitled to e.g. the same pay, a supply teacher must work in the same role with the same hirer for 12 continuous calendar weeks, during one or more assignments. In calculating the 12 week qualifying period, the clock is deemed to ‘pause’ and ‘reset’. 15Supply Teachers’ Conference – March 2015

AWR 2010 Week 12 rights 1.When qualifying clock ‘pauses’: a break for any reason which is not more than six calendar weeks; a break of up to 28 weeks because the supply teacher is incapable of work because of sickness or injury; any break which is for the purpose of taking leave, including annual leave, to which the supply teacher is entitled 16Supply Teachers’ Conference – March 2015

AWR 2010 Week 12 rights a break of up to 28 weeks to allow the supply the teacher to perform jury service; or A break caused by a strike, lock out or other industrial action at the hirer’s establishment. 17Supply Teachers’ Conference – March 2015

AWR 2010 Week 12 rights 1.When qualifying clock ‘resets’: the supply teacher starts a new assignment with a new hirer; the supply teacher remains with the same hirer but starts a new substantively different role; or there is a break of more than six calendar weeks between assignments that the supply teacher undertakes with the same hirer. 18Supply Teachers’ Conference – March 2015

AWR 2010 Points to note: Qualifying period will be deemed to be ticking for the whole duration of the assignment for:- 1.Pregnancy, childbirth or maternity up to 26 weeks after child birth; or 2.Where the supply teacher takes maternity, adoption or paternity leave 19Supply Teachers’ Conference – March 2015

Enforcing the rights provided by the AWR Breach of “Day one” rights: Written request to the school School has 28 days to provide a response to the written request. Time limit for ET – 3 months less one day 20Supply Teachers’ Conference – March 2015

Enforcing the rights provided by the AWR Breach of “Week 12” rights: Written request to the recruitment agency Recruitment agency has 28 days to provide a response to the written request. Time limit for ET – 3 months less one day 21Supply Teachers’ Conference – March 2015

Enforcing the rights provided by the AWR Legal remedies 22Supply Teachers’ Conference – March 2015

Q & A SESSION QUESTION 1 How can we hold the umbrella company to account for a breach of the week 12 rights in so far as pay i.e. entitlement to the same ‘pay’ after 12 continuous weeks in the same role with the same hirer? 23Supply Teachers’ Conference – March 2015