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Part time dilemmas

Discussion in 'Pay and conditions' started by seaviews, Jan 16, 2016.

  1. seaviews

    seaviews New commenter

    I work part time and have been told I have to attend a parents evening on a day I am not at work.

    1 Can I claim travel expenses, child care expenses and pay for the time I am there?
    2 Can they make me come in on a day or eve when l am not contracted to work?
    3 I am supposed to be working in my other job at the same time as the parents eve. What should I do?
     
  2. tackles

    tackles Occasional commenter

    The advice from my Union when I was in a similar situation was that no, you could not be compelled to come in on a day you do not normally work. If you do go in, you should be paid for it.

    Some schools, however, try to take as much as they can & there can be a certain amount of emotional blackmail ("everyone else is doing it & they'll have to do extra if you don't do your bit..") in order to get you to effectively work for free.

    Consider the working environment before you make a decision, talk to the head & if necessary involve your Union.
     
  3. TheoGriff

    TheoGriff Star commenter

    .

    Oh dear!

    Q1 No, no, Yes

    Q2 No

    Q3 Go to your other job. This is actually not one of those occasions where you could come to an agreement that you would do it - you are contracted elsewhere.

    Dear X

    Thank you for drawing my attention to the date and timing of the parents' Evening for Year (insert), which is to be held on a (day of week).

    I am afraid that I shall be unable to attend on this occasion.

    As you are aware, my contracted days of work are (insert). I am contracted to another employer on a (insert day of Ps Eve), and so am unable to attend.

    I am sorry if this causes any inconvenience. If you feel that it is important that parents receive my feedback, and some in particular are requesting it, I could perhaps telephone them on the afternoon of (choose a day and date), if someone else relieved me of teaching my classes so that I was free to do so.


    Best wishes

    .
    .
     
    FrankWolley likes this.
  4. seaviews

    seaviews New commenter

    You are all wonderful! Thank you.
    I will write exactly that.

    I wonder if my manager's read this.
     
  5. TheoGriff

    TheoGriff Star commenter

    .

    May have.

    But also may have 50 other PT teachers with the same problem who are typing as we speak.

    ;)

    Best wishes

    .
     
    Compassman likes this.
  6. Crowbob

    Crowbob Lead commenter

    For what sort of school do you work? Is it an academy and/or were you there before it was made an academy....?
     
  7. 9497

    9497 New commenter

    Odd that about pay. I have been told I have to come in for parents evenings even though they all fall on my day off. No pay but out of being "reasonable" I can have time in lieu and petrol money. It remains to be seen if I ever get my time in lieu as I cannot see how I can take all the hours I will accrue and I suspect that when I ask for them they will be a reason why I cannot be covered.
     
  8. tackles

    tackles Occasional commenter

    I was also told that I had to go in on a day I didn't work. This was for INSET though, and I was told that my contract stated that I had to attend a proportion of INSET days in relation to how many days I worked.

    I was on a 0.6 contract, so I was told that I must attend 3 INSET. Unfortunately, I didn't work the days the INSETS were arranged for. I asked the Union for advice and they were adamant that I could not be compelled to work for free on a day I was meant to be off. School were adamant I could.

    In the end, it was agreed that I would attend one INSET, but that I didn't have to attend the others.

    It was made all the more difficult because the school kept bringing up other members of staff who were also part time & who attended all the INSETs, staff meetings & school productions on their days off. They weren't paid for this either. I asked one teacher why she did it, she said it was to keep peace with the head.

    I don't think that's a healthy stance to take, either for the teacher concerned, or indeed for other part timers who either won't, or can't, work for free on days they are not contracted to work.
     
  9. 9497

    9497 New commenter

    inset is inset. If you are part time then you have to do a proportion of inset related to the hours you work. If it normally a day you don't work but is an inset then you are paid as it part of your directed hours, included in the hours you are contracted to work. What rankles me is the expectation that if you only work a part day they can expect you in the full day and not pay you, and give you time in lieu out of generosity.
     
  10. Crowbob

    Crowbob Lead commenter

    Actually, no. If you are covered by STPCD then you cannot be compelled to come in on a day on which you are not normally contracted to work, INSET or no INSET. You do not have to do INSETs in proportion to your fractional contract.

    Whether you choose to do it and what impact this has on your directed time/pay is a matter to be discussed between part timer and Head.

    Would be helpful if the OP clarified if they are covered by STPCD or if they work in some other environment (like an academy)...
     
  11. Crowbob

    Crowbob Lead commenter

    You may have been told your contract said this but what DID the contract say?
     
    GLsghost likes this.
  12. Piranha

    Piranha Star commenter

    Yes. And conversely, you may end up doing more INSET days than your part time proportion. In compensation, that would be because more INSET days fell on your working days, so it is likely that there would be less normal school days on those days of the week. In other words, your total number of working days would be correct, but the ratio between teaching and INSET days would be different to the usual 38:1.
     
  13. tackles

    tackles Occasional commenter

    You may have been told your contract said this but what DID the contract say?


    It didn't specifically refer to any meetings as a proportion of your working time. It had the usual blurb about 195 days f.t.e and that "... those 195 days will be specified by his/her employer, or if the employer so directs, by the headteacher."

    There was also the usual stuff about the 1265 hours, "The teacher must be available to perform such duties at such times and such places as may be specified by the headteacher.... for 1265 hours in any school year..... The teacher shall, in addition, work such additional hours as May be needed to enable him/her to discharge effectively his/her professional duties..."

    The school used this last bit to claim that the need to be available to perform professional duties included INSET - that a teacher was not fulfilling their professional obligations by missing INSETs.

    Of course, the glaring error in this is that in the middle of the blurb quoted above is "... these hours to be allocated reasonably throughout those days in the school year on which he/she is required to be available for work." My union argued that as the INSET was on a day I was not normally required to be in work (ie on one of my two days off per week) that I could not be expected to attend.

    The school said that there was provision for this, which was contained in the school's policy & procedures, which were held in the school office. The contract, however, stated that "These policies and procedures do not form part of your contractual terms and conditions of employment..."

    The problem I faced was that there appeared to be nothing in the contract that said I would be paid for attending on days I didn't work, and no mention at all of INSETs, parents' evenings, school plays etc., so the school claimed that they were part and parcel of "...goodwill & showing professionalism...". I couldn't attend on the days they wanted, due to other commitments, but that didn't stop them expecting me to drop everything & follow their command.

    I did one unpaid INSET & handed my notice in.
     
  14. tackles

    tackles Occasional commenter

    Also, as teachers don't generally have overtime, there seemed to be no provision for this in the contract.
     
  15. tackles

    tackles Occasional commenter

    @Crowbob The ridiculous thing about this belief schools have, that they can compel you to work on days that you are not contracted to, falls down completely if you have two jobs in two different schools.

    Given that a teacher cannot request leave when they want, if you're working in St. Swithun's Monday to Wednesday, and St. Botoph's Thursday & Friday, you cannot reasonably attend an INSET on a Monday in St.B's. Would St. Swithun's give you the day off to work elsewhere? Highly unlikely!

    Equally, as @9497 said, if you're only paid to work for half a day, why on earth do schools think it's acceptable to expect you to work for free for the rest of the day? Again, what if you worked in two different schools on the same day?

    I wish someone would look into this & that all the unions could agree on a common document for schools to sign up to.
     
  16. Piranha

    Piranha Star commenter

    This is just wrong. Directed time is when the school tells you where and when to perform particular duties. The bit the school is relying on simply means that you will need to work outside your directed time to do the job effectively; when you do this is up to you. You are fully entitled to do what you like on days you are not employed by the school.
     
  17. tackles

    tackles Occasional commenter

    It is wrong, but looking at past posts on here, it seems that too many schools adopt the same stance! I've spoken with many part-time colleagues, and they all say the same thing - schools are telling them they must attend things on days they don't normally work. Most seem to go along with it for a quiet life.
     
  18. Crowbob

    Crowbob Lead commenter

    Someone did. It's called the STPCD. It covers a wide range of schools (but not academies etc.).
     
  19. tackles

    tackles Occasional commenter

    @Crowbob

    Yes, true, STPCD, but schools do have a lot of leeway.

    As for being paid for attending INSETs, that's covered by 26.1a, yes?

    26.1. The relevant body may make such payments as it sees fit to a teacher, other than a headteacher, in respect of:
    1. a) continuing professional development undertaken outside the school day;

    That's the bit the school argued about, "may make such payments as it sees fit...". They stated that they didn't see fit to make a payment for working an additional day, as it was outside MY school day.

    They also used the professional development part:

    Professional development
    52.14.Participate in arrangements for their own further training and professional development and, where appropriate, that of other teachers and support staff including induction.

    Their argument being that if I didn't attend, I wasn't following 52.14.

    I know that there's also,
    Specified working hours
    53.9. Subject to paragraph 53.10., no teacher employed part-time may be required to be available for work on any day of the week or part of any day of the week on which the teacher is not normally required to be available for work under their contract of employment (whether it is for the purposes of teaching pupils and performing other duties or for the sole purpose of performing other duties).

    Which is the bit my union argued, and why I didn't have to go in for the remaining two INSETs. But the problem was that the school said my performance management would reflect that I had refused to comply with 52.14.

    In that respect, the whole thing seems a bit of a mess.
     
  20. Piranha

    Piranha Star commenter

    And it is not exactly 'for free' as it has to be included in the directed hour budget, for which you are paid.

    Might this be an illegal act of discrimination against a part time member of staff? @GLsghost , do you have a view on this, please?
     

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