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can anyone clarify current AWR legislation

Discussion in 'Supply teaching' started by alpine273, Dec 19, 2019.

  1. alpine273

    alpine273 New commenter

    Hi all,

    Been on supply for more or less a whole term now (less 3 weeks break taken mid-November).

    Just wondered if someone could please explain the current position re: AWR.
    I've worked in a number of schools now (one a lot more than others) with the same agency and would like to know what happens once I've been with that agency for 12 weeks, whether that in itself entitles me to better pay (according to another agency who I've never worked for as yet), or whether it is purely the individual school that I need to have been in for 12 weeks in order to gain a better rate...it's all unclear at present.

    Hope someone might be able to clarify the current position in terms of my rights and what I'm entitled to.
    I was previously a UPS teacher who now earns a very modest daily rate on supply.

    Thanks in advance.
  2. Deirds

    Deirds Senior commenter

    I must admit I thought AWR only applied to being in the same school after 12 weeks...
  3. alpine273

    alpine273 New commenter

    ok, thanks Deidre - anyone else able to advise?
  4. steviepal

    steviepal Occasional commenter

    12 weeks in the same place.
    MissGeorgi and agathamorse like this.
  5. clairemullen

    clairemullen New commenter

    12 weeks same place but watch they don't dispose of you on week 11... apparently.
    JohnJCazorla and agathamorse like this.
  6. JohnJCazorla

    JohnJCazorla Star commenter

    From the site https://www.gov.uk/contract-types-and-employer-responsibilities/agency-staff

    Agency staff
    As an employer, you can hire temporary staff through agencies. This means:

    • it’s the agency’s responsibility to make sure workers get their rights under working time regulations
    • after 12 weeks’ continuous employment in the same role, agency workers get the same terms and conditions as permanent employees, including pay, working time, rest periods, night work, breaks and annual leave
    So it would appear to be the same place that matters, not the agency.
  7. JohnJCazorla

    JohnJCazorla Star commenter

    Can I make the case for ignoring the week 12 and going for it in week 2 (or maybe 3)?

    If you're worth it in week 12 then you're worth it in week 2. Week 1 is for accepting peanuts and 'seeing if we make a good fit'. You're now there on the spot, delivering a half-decent set of lessons and the school will definitely want you to be there for a long time rather than recruiting again. You've already identified and impressed the people that matter. This means you have a strong negotiating hand and this is easily the best time to play it.

    As @clairemullen has pointed out you can be sacked in week 11, especially if the school thinks it's got another sucker teacher who'll be good for 10 weeks or so. Also what does the same pay as permanent employees mean? MPS1 is still a permanent employee, and is it 195 or 190 days (other numbers are available) per year that the daily rate is calculated from. Does the rake-off by Umbrella companies affect the calculation? Agencies will exploit the answers to these questions and there's not much you can do about it.

    By following these principles over the last 3 years I've managed to get £195 a day and over £200 recently, even though I've hardly made 12 weeks in any long-term post. This bragging is probably more to do with the fact I'm maths/science in west Yorkshire rather than any Trumpian skills though. A good spin off is that the agencies are half-expecting this pay hike so even the 'too-low opening offer' is around £160.
    agathamorse likes this.

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