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AWR? Can someone help please?

Discussion in 'Supply teaching' started by julieAndrews, Apr 30, 2012.

  1. I have not been on the forum for a while and I have just come across this AWR..... I have been with the same school now for 14 weeks and I knew nothing about this AWR and if this applies to me I am losing out on £250 a week! Althought the agency placed me I am being paid through an umbrella company does this make a difference? I am with the school until end of the summer term and a few weeks ago my job changed (with the same school) and I have been given more responsibility, so I asked for a pay rise and all I was offered was an extra £8.50 a day! The school said that I had to stay on supply as I was too expensive to buy out through the agency. Do I say something and risk losing this placement or should the agency LEA have known any advice will be greatly appreciated. Many thanks.
     
  2. I don't know the answer to this one, because if you were self-employed AWR doesn't count... but it does seem like you are being treated really badly. If AWR does apply the school and the agency have just opened themselves up to a £5k fine probably more expensive than buying you out. If it doesn't then how can the agency claim a finders fee... I think you need specialist legal advice from the union.
     
  3. Anonymous

    Anonymous New commenter



  4. Hi Julie Andrews,

    I work for an agency (at the agency) and you are entitled to equal
    pay as if you had been directly employed by the school. If this is a maintained
    school this means being paid to scale on the MPS and UPS if it applies to you.
    Umbrella workers are definitely in scope within the regulations,
    and you are within your rights to go to the agency and ask to respond in
    writing. You will need to provide the rate of pay you are receiving, what you
    believe you would be paid (i.e. MPS/UPS) if you were employed by the school
    directly and from the date you believe that the breach of the regulations
    started.
    Send it to both
    the school and the agency. Failing that, go to your Union which may have advice
    on their website, or a solicitor.
    Good luck.
     
  5. Is it difficult to move from teaching into education recruitment?
    What are the challenges?
    BW
     
  6. I just wanted to thank you all for replying to my post. I have now emailed the agency and school and I will wait to see what happens next..... Thanks again your time and advice was really much appreciated.[​IMG]
     
  7. jubilee

    jubilee Star commenter

    You should not be communicating with the school about your pay as they are not your employer.
    It's the agency who are legally bound to increase your pay to your proper teacher rate under AWR.
    It's possible that your placement will suddenly disappear at this school and if it does, pursue getting the additional pay due for the few weeks where AWR applies.
    You should also ascertain if you need to have served 12 weeks from the implementation of AWR, rather than conting from your initial placement at the school if that was before AWR became law.
    Please contact your Union for support and advice.
     
  8. I contacted the School out of professional courtesy and actually have a very good relationship with both agency and the school. My email to both was not demanding but seeking advice on the situation, although I have researched thoroughly about my rights and AWR and I also spent quite a few days debating whether I should push the send button on the email. To know that I may lose my contract, it was not an easy decision to make, but again why would my placement suddenly disappear? I have been contracted until the end of the term. However, I also know that in fact by not saying anything could cost me a few thousand pounds over the next 14 weeks till the end of term in lost pay and that was soul destroying after all aren't we all entitled to be paid our worth? I appreciate your time and advice.

     
  9. jubilee

    jubilee Star commenter

    Actually, you are not contracted until the end of the term. The school may need someone until the end of the term and may intend to keep you in the role but your contract is with the agency and 24 hours notice is possible.
    The school has a contractual relationship with the agency and will have negotiated a flat fee, no doubt, for all teachers placed with them.
    With AWR, the agency is not in a position to alter that agreed fee but it is legally obliged to pay you the proper teacher rate after 12 weeks.If that means making no profit from you, so be it. The school does not need to be involved and will be using an agency in order to have everything sorted for them,bar ringing up when they need teachers.
    The Agency may not be prepared to lose whatever profit margin they are currently making from you and it's the agency that might curtail your placement, putting another teacher in for the rest of the term. They would not want to upset the school though with causing unnecessary disruption for pupils so might just have to 'take the hit'.
     
  10. And this is what I don't understand.... The Agency must have been aware of the new ruling of AWR and yet a few weeks ago when I asked for an increase I was told there was no money. The school wanted to put me onto contract but could not afford the finders fee due to budget constraints and I had to remain on supply and still the agency said nothing. I only found out about AWR a week ago as it's not very well publicised and as I initially said I have not been on the forum for a while, so I can only come to the conclusion that the agency were hoping I would remain ignorant to this fact. I have worked very hard doing the job to my best ability and remaining professional, it's just a shame that they can't behave that way!

     
  11. jubilee

    jubilee Star commenter

    If putting you on the proper rate, as they have to do legally, menas thnat they make no profit ... or actually lose money, they might be amenable to you being formally contracted to the school on an LA contract and the school would have the whip hand in getting the finder's fee reduced or abolished in order to take you over and save the agency from losses!
     
  12. jubilee

    jubilee Star commenter

    You need to push for relevant arrears under AWR and a letter to the agency from your Union sshould put the wind up them! Get arrears sorted and on-going pay uprated and then see how the agency feel about the cut they are making, if anything.
    Agencies have shot themselves in the foot with this. They must have known about the EU proposals for AWR and yet they have been approaching schools nad undercutting each other for several years to the extent that paying a teacher (on AWR) who is further up the payscale become uneconomic for the agency.
    They'll eventually have to set their rates to school at a level that still gives them a profit when placing someone on UPS3. Schools would be better off sourcing supply teachers via the LA in that scenario.
    Of course, the agencies may just take advantage of the glut of unemployed teachers being churned out, drop their experienced staff and register and keep only those on M1 and M2.
    Strange times!
     
  13. I'm still waiting for a decision from the agency! [​IMG]
     
  14. Jubillee the extra cost is passed to the school... it will be in my case anyway and the school have agreed it as still works out cheaper than the £4k finder fee....
     

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