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Employing people on an ad hoc basis

Discussion in 'Headteachers' started by Bluelamb, Feb 19, 2019.

  1. Bluelamb

    Bluelamb New commenter

    Can people advise how they tackle some of the problems of employing people on an ad hoc basis? I've given some examples below:

    Example 1: Teacher has worked at school for many years and wants to retire. They would like to come back and do some days supply. How best to employ them?

    Example 2: Admin person who worked at school for many years also retires. They would like to come back to do odd days work for specific one-off jobs.

    Example 3: Teacher works at school through a supply agency. School has offered teacher a day a week teaching till the end of the year. The teacher is well known and liked in school. Is there a way of employing this teacher and NOT paying the costly supply rates?

    Looking forward to reading any solutions people may have ! Thanks.
     
  2. lindenlea

    lindenlea Star commenter

    Would example 1 be wise to set themselves up as self employed.
    Perhaps ex2 could be paid an honorarium - just payments as and when they work. Presumably it wont be a large amount.
    I don't think you can avoid the supply rates for ex 3
    I'm sitting here waiting to go out and have no recent experience of this but couldn't resist putting in my two pennorth.
     
  3. Bluelamb

    Bluelamb New commenter

    I think the issue with setting yourself up as self employed is that it changes your tax status which some people might not like to do.
     
  4. lindenlea

    lindenlea Star commenter

    Does he/she want jam on it :)
     
  5. Stiltskin

    Stiltskin Lead commenter

    I would suggest offering them zero-hour contracts. They will be your employees, and the rights that has, but under no guarantee of work. They won't need to be self employed as your HR will deal with tax and insurances.

    I use a couple of people on these contracts. It's simple for them and neither party has any obligation to work. When something comes up I email them and they decide if they want/able to work that date. In my experience it's also cheaper than paying for agency staff, even factoring in holiday pay.
     
  6. Bluelamb

    Bluelamb New commenter

     
  7. Bluelamb

    Bluelamb New commenter

    For zero-hour contracts, do you have to go through an advertising / interview process?
    Also, can you move someone who originally worked in your school through a supply agency onto a zer-hour contract without this causing any issues?
     
  8. Rott Weiler

    Rott Weiler Star commenter Forum guide

    First thought, your LA (if you are an LA school) or your HR payroll services provider are best placed to advise you.

    Examples 1 and 2 are essentially the same for employment purposes. If you are going to take them on fairly regularly you can set up permanent zero hours contract of employment for them. Or if very occasional they can be employed one-off each time. You need to discuss with whoever processes your payroll, they can tell you how to document this. You cannot say they should be self-employed. The teacher in example 1 clearly wouldn't meet the law on being self employed, and unlikely in example 2. There's no such thing in tax law as an 'honorarium' in these circumstances, it's just a fancy word for pay as far as HMRC are concerned and you have to apply normal PAYE rules to it.

    There is no legal requirement for you advertise or interview for any post although you may have a school policy on it. Generally posts should be advertised unless thee is a good reason not to. In my opinion you would have a good reason not to advertise/interview in the 3 examples you give.

    There's no difficulty moving a teacher from agency supply to directly employed/zero hours in itself. Your problem is that your current agreement with the agency probably makes you pay them a fee if you do that.
     
  9. Bluelamb

    Bluelamb New commenter

    Is the process of setting up a zero hours contract straight forward or is it quite time consuming? This is something I have never heard of before in a school setting. Am I right in thinking that school would need to do all the typical checks when employing staff on a more standard contract, e.g. DBS, references, pay roll, signing of contract etc...
     
  10. Stiltskin

    Stiltskin Lead commenter

    Not time consuming. Your HR person should be able to advise on the details but standard employment checks are required, like right to work. They probably have a standard contract to hand. 1 & 2 are already employed by you so should only need a new contract. 3 you'll need more information and details. I presume they have a DBS already but may be part of the update service.
     
  11. digoryvenn

    digoryvenn Lead commenter

    Examples 1 and 2: Employ them on a casual supply contract. It should be straightforward as HR only needs to issue a new contract/variation to contract. You already have all the paperwork. I did this and there weren't any problems.

    Example 3: You can employ the teacher directly but you will probably have to pay a finders fee to the agency which can be costly. Contact the agency for a deal, ypu may be able to employ the teacher on supply for a number of weeks and then after that you can employ the teacher with no fee.
     
    JohnJCazorla and strawbs like this.
  12. catbefriender

    catbefriender Lead commenter

    Agree but I have to admit, I have come across a lot of agencies recently moaning that schools are stealing their supply teachers and they are powerless to do anything i.e. if they threatened them with legal action, the school could technically NEVER use them again.
     
  13. Bluelamb

    Bluelamb New commenter

    So, with examples 1&2 it is inevitable that if I want to go down this route I'll need to ask each individual to sign a new contract and ask HR to deal with the finance side of things.
    Example 3 will mean paying a 'finders fee' or negotiate with the agency to 'release' this person.
    It all seems rather complicated and involved, but if that is the system then I'll investigate further.
    Thank you for your replies, much appreciated.
     
  14. captain scarlet

    captain scarlet Established commenter

    Sorry to say, you cannot be a self employed teacher in UK schools anymore. That old IR35 again.
    If you are supervised in any way, then you will fall under the IR35 catch all. Zero hours contract will be sufficient to bypass the IR35.
     
    lindenlea likes this.
  15. digoryvenn

    digoryvenn Lead commenter

    @Bluelamb it isn't really complicated at all. It is straightforward and there isn't much to do. It is easily sorted in a morning.
    Don't worry!
    Good luck!
     
  16. Sundaytrekker

    Sundaytrekker Star commenter

    Don’t forget to cover off all the pre employment checks: DBS, right to work, references etc.
     
    Jesmond12 and digoryvenn like this.
  17. lindenlea

    lindenlea Star commenter

    I'm so glad people came on who actually could help with this @Bluelamb
     
  18. cornflake

    cornflake Established commenter

    As others have said - post 1 and 2 on a casual contract, pay when work.
     
  19. Jesmond12

    Jesmond12 Star commenter

    I work as an invigilator for a local school and I am employed by them on a zero hours contract. I work during the mock exams in January and March plus the actual ones in the summer term.

    I am free to pick and choose when I want to work.

    As others have said this would work for your examples 1 and 2.

    In the case of example 3 work out the ongoing costs of employing said person against the costs of supply. You might be surprised.
     
  20. thejudgesscoresarein

    thejudgesscoresarein Occasional commenter

    1) Are they looking for regular work? If they are, have you considered a part time cover supervisor role? If there are no classes to cover, they could assist with admin tasks?

    2) For someone who wants to work in this capacity, I probably wouldn’t employ. It is unnecessary wage spend when the school would have appointed a replacement.

    3) Again, similar to one and two, It wouldn’t warrant employing someone one day a week, it’s not efficient and the students would be effected with the inconsistency of a teacher. I would not consider employing a teacher if they could not work more than two days a week.
     

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