Can I be expected to attend staff meetings or parents meetings on days when I don't normally work?
Part time staff have the right to sit down and negotiate their proportion of directed time before the start of their timtable every year.
E.g. 0.6 (60%) = 3 days. A part time teacher could agree to do 60% of all meetings, or 60% of every meeting, depending on what is more appropriate, and beneficial to the staff member and the school.
Remember it's a negotiation not an automatic right. The rights you have with respect to directed time only extend to doing no more than your part time equivalent of a full time teacher's directed time. This includes both teaching and non teaching activities.
Part-time and job share teachers cannot be required to work or attend non-pupil days on days when they do not normally work. They may, however, agree to attend staff/departmental meetings, parents/open evenings and INSET days and other non-pupil days by mutual agreement with the head teacher.
Where they do agree to work on days when they do not normally work, this cannot by definition be included in directed time. The STPCD therefore includes a provision for additional payment for this working time. The formula for this payment provides, in effect, for part-time teachers to receive 1/1265 of the appropriate full-time pay rate for each hour of additional working time.
The STPCD also provides, however, that part-time teachers may be directed to work outside school sessions on days when they do normally work, even where they only work the morning session and the meeting is at the end of the afternoon session.
Dealing with problems over working on non-teaching days
While the STPCD states that part-time and job share teachers should only work on such days by agreement, the NUT is concerned that in many cases there will be no real agreement since part-time teachers will in practice feel obliged to agree to do this in order to obtain work.
Some teachers who have agreed to work on days when they do not normally work, even in return for additional payment, may subsequently have genuine difficulties in doing so. The NUT advises that, where this is the case, head teachers should respect this position. The NUT also advises that head teachers may not, in any case, direct teachers to work in circumstances where such a direction would be unreasonable, even where the teacher has previously agreed to be available.
INSET days and other non-pupil days
For INSET days and other non-pupil days held on a part-time or job share teacher’s normal working days, the NUT takes as its starting point the pro rata principle. The teacher and head teacher should discuss and agree whether the teacher will attend all, or a proportion, of these days. This working time should form part of the teacher’s directed time for non-teaching duties up to the pro rata level related to the pay percentage. Beyond this level, use of the provision for payment for additional working time should be considered where this would avoid difficulty over maintaining the pro rata principle for directed time for non-teaching duties.
For INSET days and other non-pupil days held on days when a part-time or job share teacher does not normally work, the teacher cannot be required to attend. The teacher may agree to attend but equally has the right to refuse to agree to attend. Where the teacher does agree to attend, the time should not be included in directed time and the teacher should be paid using the provision for payment for additional working time.
In respect of INSET days for professional development purposes, the NUT advises that job share teachers should be permitted to attend all such days, including those which take place on days when they do not normally teach. Failure to allow part-time employees, including job sharers, access to the same training opportunities as full-time employees may constitute unlawful discrimination.
The NUT advises that 6.5 hours should be allocated for each INSET day in order that the total payment matches the normal daily rate of pay which would be received, for example, for one day’s supply teaching.
Using the provision for payment for additional working time
Where part-time/job share teachers agree to additional working time on days when they do not normally work, and this work is directly connected to their normal part-time posts (e.g., INSET days, staff/departmental meetings and parents/open evenings), the provision for payment of additional working time should in all cases be used.
Where the work involved occupies a whole school day (e.g., an INSET day), the teacher should be paid for no less than 6.5 hours, in order to ensure that the payment is at least equal to that which they would receive if employed under the “short notice employment” provisions for supply teachers.
Where, however, part-time/job share teachers agree to additional working time which is not directly connected to their normal part-time posts (e.g., one day’s cover for an absent colleague), the NUT recommends that they are paid using the “short notice” provisions for supply teachers i.e., 1/195 of the appropriate full-time pay for each full day or a fraction thereof for each part day.
The School Teachers’ Pay and Conditions Document (STPCD) makes it clear that each part-time teacher must have an agreed statement of working time obligations. The contract should set out the salary for each partner, being the proportion of the full-time salary determined by the division of the total working time between each job share partner.
Each job share partner is entitled to be paid on a pro rata basis of the pay rate they would receive if employed full-time in the same post (including basic pay and any additional payments and allowances).
The percentage of the full-time pay rate must be calculated on the basis of the “school’s timetabled teaching week” (STTW) – its total weekly teaching hours – and the proportion of those hours which each teacher is deemed to work.
The contract should specify the allocation of specific duties and responsibilities between the partners with a broadly similar level of responsibility for each partner.
The contract should include an undertaking that where a partner is absent the other will not be expected to take on the full range of additional duties and responsibilities including those of the absent job share partner.
The contract should set out the conditions of service, such as sick pay, maternity pay, notice periods, etc., attaching to the post. These should be no less favourable than those for other part-time teachers working for the same employer.
The contract should incorporate the procedures to be applied where one partner leaves the post. These should be in line with those detailed below.
Any realistic working time arrangement which has the agreement of the job share partners should be acceptable to the school, whether this is a shared week, shared day or a “fit the timetable” arrangement.
There have been a number of queries concerning job shares. You must both be clear about what each other's roles are and one person should not be taking on the other person's share of the work.
If you are doing a job share with a colleague you don't communicate well with, there will inevitably be problems that occur unless you both sit down with the headteacher at the very beginning of every year and your contracts and job descriptons are clear about what is expected of each individual. This conversation should include the subject leader (secondary), or line manager (primary).
Before you enter into a job share contact the regional office for advice.
What should happen if a school wants to change the school day?
This should be shared with all staff and union reps within the school and staff should be consulted. There should be a very good reason for this. Any changes to break or lunch time need serious thought. You are entitled to a break of reasonable length in the middle of the day. (Lunch). Remember that lunchtime isn't counted as directed time. If ether lunch or the morning break is reduced significantly please contact the local division or regional office for further advice.
e.g. a school in the east midlands tried to reduce their break to 5 minutes. The members went to an indicative ballot for strike action, the school gave in and the case was won by the NUT.
The NUT will support our members up to and including strike action over detrimental changes to conditions of service and workload implications.