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No appraisal for fixed term contract teachers??

Discussion in 'Pay and conditions' started by ILovePhonics, Mar 16, 2018.

  1. ILovePhonics

    ILovePhonics New commenter

    I've started a new teaching job in January. The school appointed 5 of us, on fixed term contract until the end of August.


    Is it right that we should not get an appraisal? The rumour on ground level that I hear repeatedly, is that I'm not a permanent member of staff. Therefor no appraisal. And probably also not a formal observation. And no professional development or courses.

    This doesn't seem right to me.


    From what I can find, it seems that if someone is on a fixed term contract for more than a term, they need to be included in the appraisal system within 6 weeks of starting. Does this seem right?

    Or should I be glad that I don't have targets and nonsense to gather?

    And:
    https://www.hrlaw.co.uk/site/focus/five-myths-about-fixedterm-employment-contracts

    I work incredibly hard and feel rather used... :-( The progress and attainment in my class is amazing but I'm not going to get any credit for this?
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    As far as Appraisal is concerned, I think what you have found is the Education (School Teachers’ Appraisal) (England) Regulations 2012 which say that any teacher on a fixed term contract longer than one term must be included in the appraisal system, which would include formal lesson observations and feedback (although I'm not sure where the 'within 6 weeks of starting' comes from). But those Regulations only apply to LA schools. Academies don't have to follow that rule unless it (or something similar) is included in its own Staff Appraisal Policy.

    Attending CPD is a different matter. Irrespective how long your contract is denying you the same CPD as permanent staff get is likely to breach the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. This is noted by the law firm you linked to:

    The restriction on less favourable treatment of fixed-term employees goes far beyond parity of pay and benefits. Any form of less favourable treatment is potentially unlawful – for example, not offering fixed-term employees the same career development opportunities offered to permanent employees (such as regular appraisals, training and access to promotion opportunities).

    The only circumstance in which fixed-term employees can be treated less favourably than permanent employees is if it can be objectively justified.
    I suggest you raise this with your line manager, and if that doesn't resolve it discuss with your union rep.
     
    JohnJCazorla likes this.
  3. dunnocks

    dunnocks Star commenter

    this, have a party!
     
  4. JohnJCazorla

    JohnJCazorla Star commenter

    Of course not, any credit will drift upwards until it is intercepted and claimed by someone above you. Any blame stays firmly with you.

    Generally though. You're one of five. What happens to these 5 roles in September? Presumably 5 (or possibly 3/4) bodies will be required to fill these. If you're genuinely the star of these 5 then now's the time to make sure the HT regrets not making you permanent. Go to him and ask politely for a reference for a similar job at a nearby school. Then repeat as another vacancy comes up. The Head then has to come to terms with the fact that Super-Wiki will soon be leaving the building and he has to make do with the other 4 wasters. This should focus minds remarkably.

    I assume you want to stay at the school.
     
  5. Piranha

    Piranha Star commenter

    I recall somebody in a similar position being most put out because the school insisted on an appraisal!

    I don't think you can do a lot about it, and I am not sure what you want to get out of an appraisal. Usually, it would be a pay rise next year. You could speak to the Head about what will be said in a reference if there is no appraisal. Do you want to stay at the school if possible? If you do, perhaps mentioning it might be a better way forward than complaining. Just a thought. That, and applying for jobs, as suggested above.
     
    JohnJCazorla likes this.

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