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Discussion in 'Supply teaching' started by Drquantum, Sep 22, 2015.

  1. Drquantum

    Drquantum New commenter

    Last week I was delighted to accept a long term supply post in a shortage subject. This was to cover the rest of the year to cover maternity.

    It was understood I would be expected to become a "full time" member of the team and do parents evenings, marking . assessment etc.

    The first 12 weeks was to be at rate x and then the rest of the contract would be x+£40 per day.

    Just had a phone call from agency saying whole contract would be just x per day. The reason given was the head cant afford the extra and said she could get supply at a cheaper rate.

    I am a very experienced teacher and it is a very tough school to work at.

    My question is don't the school have to pay a standard rate after 12 weeks and can I accept the lower rate and just plan and deliver lessons. It seems the school is trying to get me on the cheap, I have financial problems at the moment so do I have a leg to stand on? Can agencies just pay what they can get away with.

  2. nearmiss

    nearmiss Lead commenter

    Hi DrQ, there is legislation (Agency Workers Regulations) which you can swat up on. Basically, as you say, they require agencies to pay their candidates to scale after twelve weeks in the same placement. However, it sounds to me that your agency has got the contract from the school by offering a rate so low that they will now have to take a loss when your parity entitlement kicks in.

    Well that's tough for them. The contract still stands. They agreed a rate with the school, the school agreed in good faith. They made a verbal contract with you, now enforceable because it is being performed by you in the named school. There has been no substantive change to the nature of the work or the parties involved, therefore that contract still stands under the terms as agreed. If they are conspiring with the school to avoid paying you your contractual rights, you have a case against them on the grounds of collusion. Technically both the school and the agency are liable.

    Are you in a union?

    I would take this to ACAS if not.

    Also, if the agency carries the REC logo on their letterhead, report them to the REC's Education Division.

    Please add me as a friend and write to me via my inbox here.
  3. nearmiss

    nearmiss Lead commenter

    PS. Please do not ask the school for confirmation of this. I suspect the agency is not giving a reliable account of any real conversation that may or may not have taken place with the head or any other person acting on behalf of the head. Any negotiations on pay and conditions are to be carried out with the agency.
  4. Deirds

    Deirds Senior commenter

    Hi. If the agency are behaving like this I wouldn't trust them to pay up. Give them a few days notice and walk or work to rule. You could go to law but that will be added stress and take ages. Much quicker to just show them you won't be pushed around.

    look on local adverts or LEA or School websites - for maternity cover for shortage subjects you might get a job at the proper rate.
  5. Jolly_Roger1

    Jolly_Roger1 Star commenter

    I have had more than one agency use the excuse that 'the school is short of funds and can only afford.....', probably as a ploy to increase its cut.

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