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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:-
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‘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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