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Can my school force me to be in during the holidays?

Discussion in 'Workplace dilemmas' started by ictLad, Sep 12, 2018.

  1. ictLad

    ictLad New commenter

    So, amusingly off the back of my query here yesterday, my school has asked me to be in school during my own time - well not just me but all the academic heads of department.

    Bit of context. During results day (GCSE and A Level) the school has never asked HoDs to be in and all issues were dealt with by the heads of year and the academic members of the senior management team - it is in their contracts that they should be there for results days. Some HoDs have come in, but the majority do not. The general feeling from those who do come in is that there is no need to be there as pupils come in, pupils get results, pupils go home. Any true queries come later via email.

    We have now been told that if we are a a head of department, we are expected to be in school in the results days. all teacher contracts state the following 'the teacher shall be entitled to leave of absence from the school during normal school holidays'.

    Can the school legally/reasonably ask this of us? Have queried this with my union, as have a few others, but intrigued to see if anyone else has had a similar experience/request.
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Are you working on STPCD conditions? If so no-one below Leadership pay scale can be required to come in during the holidays because your directed time can only be directed during 195 days a year. The only teachers to whom this doesn't apply, and so can be required to come in on results day, are "headteachers, deputy headteachers, assistant headteachers, teachers on the pay range for leading practitioners or teachers in receipt of an acting allowance for carrying out the duties of a headteacher, deputy headteacher or assistant headteacher".

    If not on STPCD teachers can have contracts of employment that require them to come in on results day. But your contracts seem to say you can't be required to come in. So any direction to come in would breach your contract.

    Asking nicely if you'd volunteer is a different matter of course. "being expected" to be there sounds to be something short of an actual management instruction that you must comply with, but also a long way short of asking nicely for volunteers :)

    I'd want my union rep to get clarification of whether this a management instruction or an unfortunately worded request for HoDs to come in voluntarily. And if the former challenge vigorously.
     
    Last edited: Sep 12, 2018
  3. mothergoose2013

    mothergoose2013 Occasional commenter

    I know a previous school I worked in restructured pre-academisation and put HoD's etc on the lower end of the leadership scale instead of TLR payments. The general understanding of this was that the people taking the new positions were relinquishing 1265 and therefore could be directed beyond those hours. I have no idea if this is true as I left before the new structure was put in place. I do know that ex-colleagues in those positions were in work on results day this year, (many of whom I never saw there before), and also that the number of evening events have increased massively. They also monitor facebook/twitter and parent queries via email on a rota over evenings and weekends.
     
    agathamorse likes this.
  4. jago123

    jago123 Established commenter

    In my school, only the SLT members, pastoral manager and careers advisor are the colleagues that I expect to attend, unless of course they are unavailable. I invite HoD’s and class teachers to attend, although this is not a requirement and any issues that are raised are cascaded back to the relevant person or department if they are absent on the day.
     
    agathamorse likes this.

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