Ease the stress with new DfE AWR guidelines (Dec 2011)

Aspire People can confirm that our interpretation of AWR and all of the guidance and support we have given to schools and bursar groups over the last 6 months is inline with the most recent guidelines issued by the DfE on December 1st 2011.

There were many concerns over some areas of AWR, we were brave enough to take a stand and communicate our interpretation of the regulation.  We can confirm that the advice on the following key areas we have given is a true reflection of the most recent guidelines relating to agency supply teachers and the application of the Agency Workers Regulations 2010 which came into force on 1 October 2011.

 

Who is the hirer for agency supply teachers?

• "In foundation schools, voluntary aided schools and foundation special schools, the “hirer” is the school’s governing body"
• "In community schools, voluntary controlled schools, community special schools and maintained nursery schools, the “hirer” is either the local authority or the school’s governing body. It is a matter of fact to be determined in each case and depends on to whom the worker is supplied and who supervises and directs that person’s work."
• For Academies, including Free Schools, the “hirer” is the proprietor of the school, often known as the “Academy Trust” - the legal entity that has entered into a funding agreement with the Secretary of State in relation to the running of the Academy.
• "In independent schools, the “hirer” is the proprietor of the school."

 

How is holiday pay accrued?

•  " For permanent teachers in schools maintained by an authority in England and Wales there is no specific provision in the School Teachers’ Pay and Conditions Document for holidays or annual leave.  Agency supply teachers should receive payment for statutory annual leave when they take the leave in accordance with the Working Time Regulations 1998. "

 

What if a qualified teacher is hired to do a cover supervisor or teaching assistant role?

• " if a school asks a temporary work agency to provide a Cover Supervisor or a Teaching Assistant, and the person engaged to do the work is a qualified teacher they would be expected to carry out the role of a cover supervisor or a teaching assistant and be paid as cover supervisor or teaching assistant.  The role of a cover supervisor is to supervise a class in carrying out a pre-prepared exercise but it does not involve teaching a class. "

 

Where can I obtain written proof of the pay scale point I was on when I last taught in a school?

•  "The Department does not employ teachers in England and Wales and therefore does not hold this information and is unable to provide written confirmation of pay scales.  Please check your old pay slips from your last period of employment in a maintained school, these will provide the salary you received and possibly the pay scale point.  Teachers’ Pay scales have changed over the years and paragraph 26 in Section 2 of the 2011 School Teachers’ Pay and Conditions Document will show you how to convert a previous pay point onto the current scale.  If you did not keep your payslips you could try your last employer who might be able to help.  Alternatively if you are a member of the Teachers’ Pension Scheme you could contact Capita Teachers’ Pensions to see if they can provide your last salary details, their address is Teachers’ Pensions, Mowden Hall, Staindrop Road, Darlington, DL3 9EE or telephone 0845 6066166.  The link to the Teachers’ Pensions website is: www.teacherspensions.co.uk."

 

Aspire People's AWR advisers are still on hand to answer any questions or scenarios. Please don't ever hesitate to contact us, even if you are not a client of Aspire People's. We are always here to help.

HR Manager – Daniel Dawkins

Daniel@aspirepeople.co.uk

0121 314 3606

 

 

Marketing Manager – Cherie-Anne Baxter

chez@aspirepeople.co.uk

0121 314 3606

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