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What happens if you break the 16 month rule?

Discussion in 'New teachers' started by welshwizard, Apr 27, 2011.

  1. welshwizard

    welshwizard Established commenter Forum guide

    If you are working illegally in a school, and you would be as you are breaching statutory requirements, then technically you are not insured. The employers insurance company would not cover you or the school. You, the school, and the agency are therefore personally liable and if a claim is made for damage then it will be up to the courts to assess responsibility and costs. The school Governing Body can also be charged as failing to enforce a standard employment check therefore breaching both Health & Safety and Financial regulations that all staff must be appropriately covered.The agency can also be sued for failing in their contractual duties.
    You need to task the agency to provide you with long term cover of a term or longer to ensure that induction can be served.
     
  2. Unfortunately long term posts seem few and far between in Lancashire, or so the agencies are telling me. I'm just spending lots of time trying to apply for the jobs that are coming up!
    I'm not planning on doing supply until I get my induction completed, but I do wish that the Government would actually make the agencies completely aware of the 16 month rule and what it actually means.
    Until I mentioned it to one of the 'agents' she had never heard of it. They then tried to tell me I could teach now because you are allowed to do your NQT year in different schools!!! They have absolutely no clue and then said that they are happy to send me out as a teacher. I told them I wasnt happy for this to happen as I would be breaking the 16 month rule and would just take HLTA/TA work until a long term post came up. They then said they could 'sell me' to the schools as a teacher but who is not allowed to work as one and pay me HLTA rate for doing supply work. I politely declined this though! I would rather spend my time filling out application forms to get a job than having the extra work involved planning lessons for on supply and then the marking after school and only getting paid £9.68 and hour for teaching which is what the agency want to give me!
     
  3. jubilee

    jubilee Lead commenter

    Your agency is wrong!
    You cannot now be employed as a teacher in the State 5-16 sector unless it is an Induction post.
    The 5 year 'expectation' for completing Induction after starting Induction was abolished several years ago. You can now take as long as you like to finish Induction, or as long as it takes, with the proviso that you cannot work as a teacher in the gap periods if you have already used up your 16 month supply allowance and your extension period.
    Be pro-active and send your CV (or take it) to as many schools as possible, letting them know about your availability for posts lasting at least a term's length.
    You don't have to only take posts starting at the beginning of a school term. You can start mid-term as long as the position is intended to last until at least the same point in the next school term (Induction then starts mid-term).
     
  4. Hi
    Legally you are not allwed to be employed as a teacher in a state-maintained school. The agency clearly does not understand the rules and regulations and could land themselves and others in trouble as hinted at in the above post.
    They can send you to a private school on supply with no problems,but ideally you need just one more term on induction then there will be no restriction on your working. There is no 5 year completion on induction. The only way now that you could do any supply work is if you can get a post in a school that qualifuies for induction (part time) and then for the days you are not working you can do supply work.
    You may wish to take up your position with your local MP - it seems mad that someone is now barred from teacxhing because they have used up their 16 month allowance, but there is no further job available.
    Legally a school also cannot employ you as a TA/cover suprevisor then get you to do the job as a teacher - they must pay you as a teacher as you have QTS - this 16 month rule is very silly and works against good teachers.
    James
     
  5. Just to add that if you knowingly break the 16 month rule you could be reported to the GTCE and be subject to a reprimand - crazy as that seems!
    James
     
  6. Thanks for the replys! I'm not going to break the rule as I know it is wrong. Just was shocked that the agency was sending people out in the same situation as me and are oblivious as to the correct procedure! I told them that the 5 year rule had been abolished but they said that that was information they had from the TDA!!
    I will ask if they provide supply to any private schools and see if I can work as a teacher that way. Until then I will keep applying for jobs that are starting in september and will send my CV out to some schools or visit them to try and get a job!!
    It really is frustrating!!
     

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