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Equal Opps
 
Questions have been raised concerning the successive use of fixed term and temporary contracts in schools.
 
The Union has a very useful document on the website; it sets out some basic information for members about fixed-term and temporary contracts, including  their conditions of service and employment rights when employed on such contracts. It states the following:-
 
‘The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 now provide that all employers must not treat fixed term or temporary employees less favourably than similar permanent employees with regard to pay, conditions of service and pensions and also place restrictions on the repeated use of fixed term contracts
 
The 2002 Regulations include a mechanism for restricting the use of successive fixed-term contracts.  Successive fixed term contracts will not be allowed to last longer than a combined period of four years.  A fixed term employee who has been engaged for four years on two or more fixed term contracts will be entitled to become a permanent member of staff, unless the use of a fixed term contract is objectively justified.  It is important to note, however, that the four-year period is not retrospective and only started running from 10 July 2002.  Any service on a fixed term contract before this date does not count as part of the four-year period.’
 
Members who feel that they have a case to answer concerning fixed term contracts should contact Regional Office for advice.
 
Unfair treatment of teachers employed through supply agencies.
 
As I mentioned in my last report supply teachers are still being discriminated against when employed by or through supply agencies. In Derbyshire this applies to some foundation schools that have opted not to pay for the services of the DCC payroll system. Teachers are then paid by the supply agency and are not entitled to membership of the Teachers Pension scheme during this employment. Supply teachers employed via the local agency and working in schools that subscribe to the DCC payroll system do not suffer this disadvantage. This is still an ongoing concern for many members.
 
At last the STRB are addressing the plight of part time teachers.
 
They recommend that  the DfES, in consultation with interested parties, should:
– develop provisions for the School Teachers Pay and Conditions Document to stipulate how pro-rata salaries for part-time teachers should be calculated and working time specified;
 
NUT required the STPCD, amongst other things, to prohibit certain working patterns of part-time teachers, particularly substantial gaps between timetabled sessions, since the teacher would not be paid for these gaps and could not work elsewhere during this “trapped time”.
 
Language problems for pupils arriving from Eastern Europe.
 
It has recently been brought to my attention that there are a number of Polish students in schools in the High Peak area and this is likely to increase. Many of these pupils have learnt a second language in their Polish schools but this is Russian rather than English. They do therefore have difficulty with our language and accessing our curriculum. This is an issue to be followed up ensuring they get the support required for them to succeed in our schools.
 
Please raise the profile of E.O. matters at the Local Associations meetings and provide some feedback to DAT on any discussions you may have had.
 
 

 

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