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0.6 and my request for additional payment for an INSET day

Discussion in 'Pay and conditions' started by cuppaandcake, Nov 6, 2019.

  1. cuppaandcake

    cuppaandcake New commenter

    Since September, I have been on a 0.6 contract (increased from 0.5 last year). I agreed with the Head which three days I would work each week (Mon, Wed, Thurs).

    In September, the first day was an INSET day on the Tuesday, which I came in for. I then worked the Wednesday and the Thursday of that week. Having submitted a claim for the Tuesday that I worked, the finance officer and the Head have told me that I am not entitled to claim for working the additional Tuesday as I 'had worked three days a week, which you are contracted to do, whether or not the week is five days long or four days long'.

    The Head has said 'had you not attended the INSET Day, you would have been paid for two days (i.e. the Wednesday and Thursday), not three – from the time at which the term started, which was the Tuesday.' Is this right, or am I entitled to claim for the INSET day? Had I not gone in on the Tuesday, I would have been paid exactly the same, since the Monday was still the school holidays. It is my understanding that I am paid according to the burgundy book.

    I have not been given an updated contract to reflect the increase in my hours, in spite of asking. I am very concerned that the finance officer has told me my days are not fixed. 'From 1st September you moved to 60% which is 3 days per week. Although you specify in your email below the 3 days are Monday, Wednesday and Thursday, these are not fixed. The school has employed you to work 3 days of every week of the school year. So if you are absent, because of anything other than illness, on Monday, Wednesday or Thursday, you are required to work on a Tuesday or Friday to make up the day(s) lost.'

    I have never come across this before, and I have been part time for quite some time now. Does this sound right? What would happen if I had an appointment on one of my working days - if I worked elsewhere on my days off then I would not be able to make up that time.

    Thanks for your advice!
     
  2. Stiltskin

    Stiltskin Lead commenter

    If your days are not fixed then yes they can vary, although it doesn't work the way your finance office seems to think (I am not an expert though - @Rott Weiler may have some more advice on this). I believe:

    As a pt worker you can not be treated less favourably than a ft worker. If ft workers don't have to make up time lost then neither do you. However if you wanted to take a day off for an appointment that a ft teacher wouldn't be allowed normally, you may be able to by agreeing to go in on different day.

    As a teacher they should provide you with how your directed time is being used over the school year. This should identify what days you should be working. They should give you reasonable notice for changing your pattern of work, which they can do if days are not specified in your contract. However they would need to be careful that in doing so they are not causing indirect discrimination.

    Also I would talk to HR not finance!
     
    wokinghamteacher likes this.
  3. shevington

    shevington Occasional commenter

    If you are in a Union. Please run this past them. Please ring Regional Office / Local Sec ,not the school rep.
     
    wokinghamteacher likes this.
  4. frustum

    frustum Star commenter

    Union, definitely.
     
    wokinghamteacher likes this.
  5. yodaami2

    yodaami2 Lead commenter

    No no no. That cannot be correct. On the days you do not work at that school, you could work at another school. Once you have your timetable with blanks put in they cannot ask you to come in on any day that you are not timetabled to work. The flexibility they want makes you indentured to them on days you do not work. Please check with your union.
    as for the inset day, you should not have gone in, it was one of your blanked days. But I still don’t think that they can pay you just a proportion of your pay because there was no Monday of that week. Your salary is divided by 12 and spread out over the whole year. Again check with your union.
     
    ScienceGuy and wokinghamteacher like this.
  6. Sundaytrekker

    Sundaytrekker Star commenter

    I agree with the above poster. You should attend inset if it is your timetabled day to work. That week your days were the holiday Monday, then Wednesday and Thursday. You should only have attended the inset on Tuesday if it was mutually agreed in advance then you should have been paid for it. They cannot say it’s in lieu of the holiday Monday. They cannot ‘reserve’ the other days in the week in case they want to move your days around. You can agree in advance to move a day to suit you both. Eg, I have agreed that part time teachers move or swap a day, if it can be accommodated, so they can have a day for a holiday or any other personal reason. They were never asked to do it if it was for a reason that a full time employee would get time off for such as a hospital appointment.
     
    strawbs likes this.
  7. littlerussell

    littlerussell New commenter

    The problem is that part-time teaching contracts don't tend to specify days, and agreements on what they will be tend to be verbal.

    You are paid to work 3/5 of the 195 days a standard teacher does, or 117 days over the year, less any bank holidays which fall on a working day (as these are entitled bonus days off). This can also be interpreted as 3/5 of 190 teaching days, plus 3/5 of the INSET days.

    You are right - the school can't just tell you to work a day randomly. If this is day 118 (highlight on a calendar?) then you should be paid for it. If it's within the 117, then it all depends on the verbal agreement as to which days you work, and verbal agreement about how you will make up any days less than the 117.

    The contract doesn't specify your days and can be changed via a process which begins with mutual negotiation, and then, depending on the wording of the contract, can often be unilaterally changed after consultation, consideration of other commitments, sufficient notice given etc. The longer that you are working this pattern, the harder it becomes for the school to change it because of precedent.

    In general, this is never pinned down and should be! Start with a calendar of 117 days, and go to them with a clear suggestion about how you should fulfil them.
     
  8. Sundaytrekker

    Sundaytrekker Star commenter

    I disagree slightly. You are contracted to 60% of a week and this will be timetabled. Once that is set then you work those weekdays and don’t alter them until the timetable is renegotiated, for example for a new academic year. You don’t have to work 60% of 195 days although it will be close to this. This was changed in STPCD a few years back to recognise that a teacher may be contracted to work elsewhere on other days and cannot be asked to put in extra days where the pattern of holidays makes this slightly uneven. So you only work Mondays, Wednesdays and Thursdays when they fall within the 195 days for your school.
     
  9. Piranha

    Piranha Star commenter

    There are two parts to this. As @Sundaytrekker has pointed out, you cannot be forced to come in on your day off. Therefore, attendance at this INSET day should have been voluntary, and if the school said you had to, this was a breach of your contract. I think this could be rectified by you being paid, but you might want union advice.

    If they did not insist on it, you being paid to attend would have to be agreed between you and the school; neither of you can insist on it. So, if you attended voluntarily, without such an agreement, then you are not entitled to be paid, even though the school's reason for not paying you does not make sense.

    So, can you tell us whether the school did insist on you attending, and if anything was said about pay, please?
     
  10. dancingqueen18

    dancingqueen18 New commenter

    At my school part time staff work a proportion of the 5 inset days. Therefore if you are 0.6 you work 3 out of the 5 inset days. The ones you work are negotiated between the teacher and SLT/ HOD
     
  11. Piranha

    Piranha Star commenter

    That might be the case at your school, but it is certainly not what STPCD says. The logic is clear - INSET days replace normal school days, so if (for example) all INSET days were on Fridays and 0.6 teachers had to attend all three of them, one who usually worked on Fridays would work 5 days less than one who didn't. If you are under STPCD and your school insists on this, they are breaking your contract.
     
    strawbs and Stiltskin like this.
  12. DYNAMO67

    DYNAMO67 Lead commenter

    I agree with the above. This will rest on whether or not you were explicitly asked to go in, or whether you have in essence, assumed your presence was expected and turned in without prior agreement.

    If you hadnt turned in, and they’d essentially docked your pay, they’d be in the wrong. Here, i think they *may* have a get out.
     

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