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CONDITIONS OF SERVICECONTENTSParagraph Page

1 Foreword 3

2 Contract of Employment 5

3 Definitions 6

4 Pay; Appointment; Resignation; Ill Health Dismissal; Retirement; Maternity notice 8

5 Complaints/Grievance Procedures- Individual and Collective (Recommended) 12

6 Disciplinary and Dismissal Procedures(Recommended) 33

7 Fixed Term Contract Dismissal (Recommended) 488 Temporary (Acting) Allowances 52

9 Leave of Absence for Sickness/Maternity/Paternity/Adoption/Adoptive Paternity/Parental LeaveExaminations/Public Duties/Jury Service/SpecialCircumstances 54

10 Medical Examinations 78

11 Conditions of Employment forHeadteachers, Deputy Headteachers, Assistant Heads ASTs and Teachers 79

12 Insurance for Teachers 80

13 Travelling Allowances 86

14 Superannuation 89

Appendices1 Legislation Affecting Teachers’

Conditions of Service; 90(a) Statement of Main Particulars(b) School Standards and Framework Act 1998(c) Induction

2 Medical Fitness of Teachers

and of Entrants to Teacher Training 109

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3 Facilities for Union Representatives 118

4 Assaults on Teachers 123

5 Premature Retirement/RedundancyCompensation 127

6 Health and Safety Agreement 146

7 Job Share Scheme (Recommendation Only) 152

8 Local Agreements 148


Foreword1

1.1 Since the Education Act 1944 there have been a number of agreements revised from time to time, which affect variously all employing local education authorities, governing bodies and individual teachers employed by LEA’s and voluntary-aided schools.

Such agreements have covered the general field of ‘conditions of service’ and have been made and recommended by the teachers’ unions and associations on the one hand and the local authority associations on the other to their members. These agreements should be regarded as the basis of the day to day teacher/employer relationship.The Council of Local Education Authorities (CLEA)/Schoolteachers’ Committee is the agreed negotiating committee for the conditions of service of teacher employed by LEA’s, and both sides of the committee expect individual LEAs to adopt agreements negotiated in CLEA/ST and to incorporate them in the contracts of service of their teachers.

1.2 This document summarises these agreements and agreements negotiated locally between the City of Bradford Metropolitan Council and the locally Recognised Teachers’ Unions and Associations.

1.3 Every teacher should in the course of his/her employment have reasonable opportunities of reading this document, as well as the Articles of Government of the school; or the documents should be made reasonably accessible to him/her in some other way. Each teacher should be told where he/she can see the documents.

1.4 The code is governed by certain legislation, which is outlined in Appendix 1 of this code. Appendix 1 is by no means exhaustive and should be seen as a guide only.

1.5 Teachers are employed in accordance with:

(a) The Education Acts and Regulations made thereunder.

(b) The School Teachers’ Pay and Conditions Document which is given effect by an order made by the Secretary of State for Education and Science made under the Teachers’ Pay and Conditions Act 1987 (as amended).


(c) This General Scheme (See Footnote)(d) Standing Orders of the Council and regulations and rules in force

from time to time.

(e) The Articles of Government.

1.6 From time to time the Council issues Local Administrative Memoranda which may be relevant to the General Scheme.

1.7 Teachers are employed exclusively as Teachers; that is to say:

(i) The Council may not require teachers to perform duties other than those specifically related to their posts as teachers.

(ii) Teachers shall not be required to abstain outside normal school hours from any occupations which do not interfere with the due performance of their duties.

Footnote:This Scheme is based on the “Conditions of Service for School Teachers in England and Wales” (the Burgundy Book) which should be consulted in all cases of doubt.


Paragraph 2 CONTRACT OF EMPLOYMENT

2.1 The Employment Rights Act 1996 provides that written particulars of employment must be given to each teacher, whose employment lasts for at least one month, within two months of the commencement of employment


Paragraph 3 DEFINITIONS

3.1 “The Council” means the City of Bradford Metropolitan Council.

3.2 “Governors” means the Governors of the school who form the Governing Body under the Instrument of Government.

3.3 “Schools” means all schools which are primary (including nursery) secondary or special under the terms of the Education Act 1944 together with any units either associated with a school or otherwise operated under section 19 of the 1996 Education Act and maintained by Bradford Council.

3.4 “Teachers” means all teachers (including Headteachers) who work in schools or in centrally managed LEA services and who are remunerated either on a full-time basis or on a part-time basis, other than:

(a) those employed on a day to day or other short notice basis (i.e. teachers paid at a daily or hourly rate) under the terms of the School Teachers’ Pay and Conditions Document , and

(b) those employed on a temporary basis either for a period of one term or less or as substitutes for permanently appointed teachers absent for reasons such as secondment, prolonged illness or maternity.

3.4.1 Those teachers falling within category (a) above shall be covered by paragraphs12 and 14.

3.4.2 Those teachers falling within category (b) above shall be covered by paragraphs of the Scheme except;

4.2 – unless there is no other stated notice provision within their contracts;

3.4.3 “Unqualified teacher” means a teacher whose employment is authorised under Schedule 2 to the Education (Teachers) (Amendment) (No.2) Regulations 1997 or its successor. Unqualified teachers are also subject to the General Scheme provided that their remuneration is based on the relevant


parts of the School Teachers Pay and Conditions Document and they are otherwise qualified.

3.5 “Approved Medical Practitioner” means any registered medical officer

nominated or approved by the employing authority.

3.6 “Continuous employment” is computed in terms of weeks in the manner laid down in employment legislation, except as indicated in the text.

Any period of continuous employment shall date from the date of commencement of employment with Bradford Council unless the Council provides otherwise.

3.7 Any qualifying period of continuous employment, as defined and computed in 3.6 above, shall not be broken by periods of leave of absence whether it be with or without pay.

3.8 “Term”. The three terms in each year shall be constituted as follows:

Autumn Term 1 September to 31 DecemberSpring Term 1 January to 30 AprilSummer Term 1 May to 31 August


Paragraph 4 PAY; APPOINTMENT; RESIGNATION; RETIREMENT

4.1 The salary will be payable in accordance with the terms of the relevant School Teachers’ Pay and Conditions Document by monthly instalments and the teacher should receive not less than one-third of a year’s salary for each full term’s service.

Salary shall be payable in 12 equal instalments on the 26th day of each month, except that:

(i) If the 26th day falls at a weekend or on a Public Holiday, payment shall be made on the nearest normal weekday prior to the 26th day.

(ii) If in the month during which the end of term falls, the 26th day falls after the end of that term; payment shall be made on the last working day of that term.

4.1.1 Method of Payment

Payment of salary is made by the BACS system, and the Council makes an additional payment of 11 pence per month towards Bank Charges.

4.1.2 Appointment

Teachers taking up work on first appointment, or on reappointment, or on transfer from another authority;

(a) at the commencement of a school term will be paid salary:

- after the summer vacation from 1 September; or from

the first school day of the autumn term if this shall be earlier than 1 September;

- after the Christmas vacation from 1 January;

- after the Easter vacation from 1 May; or from the first school day of the summer term if this be earlier than 1 May;


(b) during the school term will be paid salary from the first school day worked by the teacher.

Note: Teachers taking up a first appointment are entitled to a lump sum advance of salary on request, to be repaid by deduction from normal salary over a limited agreed period.

4.1.3 Resignation:

All teachers resigning their appointments in accordance with their contract will be paid salary:

- at the end of the summer term to 31st August; or in the case of a teacher resigning to take up an appointment with another authority or a school maintained by another authority to the day preceding the day on which the school under the new authority opens for the autumn term if this be earlier than 1 September.

- at the end of the autumn term to 31 December;

- at the end of the spring term to 30 April; or in the case of a teacher resigning to take up an appointment with another authority or a school maintained by another authority, to the day preceding the day on which the school under the new authority opens for the summer term if this be earlier than 1 May.

A teacher resigning his/her appointment in an Authority with effect from the end of the Spring term to take up an appointment with another local education authority or school maintained by another authority should not be required by the former authority to attend the first days of the summer term if that commences earlier than 1 May.

4.1.4 Part-time teachers (other than those employed on a short notice basis)

The rate of pay is based on the relevant School Teachers’ Pay and Conditions Document and the method of payment is as stated above.

The calculation of pay will be based upon the provisions of the School Teachers Pay & Conditions Document Part 2 paragraph 49.


4.2 Period of Notice and Termination of Contract:

4.2.1 All teachers shall be under two months’ notice in writing, and in the summer term three months, terminating at the end of a school term as defined in paragraph 3.8.

4.2.2 Notwithstanding 4.2.1 above, all Headteachers shall be under three months’ notice in writing and in the summer term four months’ terminating at the end of a school term as defined in paragraph 3.8.

4.2.3 In addition to 4.2.1 above, where a teacher has been continuously employed for more than eight years he/she shall be entitled to receive additional notice, as specified in the Employment Rights Act 1996.

4.3 Medical Grounds:

4.3.1 The Education (Health Standards) (England) Regulations 2003 deal with the screening of entrants to the teaching profession and the health standards of teachers and the powers whereby in certain circumstances the teacher may have his/her employment suspended or terminated on medical grounds. The DCSF provides guidance on the application of these Regulations which can be found at Appendix 2 of this Scheme.

4.3.2 Ill Heath Dismissal

Where a permanent teacher is dismissed by reasons of ill health he/she shall receive the full entitlement to sickness allowances as in paragraph 9.1.1 although the period of notice may run concurrently with that allowance.

The pay during notice shall be at full pay less any benefit receivable from the DWP, except where immediately prior to being given notice the teacher had exhausted his/her sickness allowance. In this case, the pay during notice shall be at full pay. Any payment under this provision shall be off-set against any obligation under the relevant Sections of the Employment Rights Act 1996.

4.4 Retirement:

4.4.1 The Council has a default retirement age of 65 for its employees. At the end of the term in which his/her 65th birthday falls, a teacher’s contract of employment shall terminate automatically unless the teacher exercises his/her


statutory right under the Employment Equality (Age) Regulations to request to continue working beyond the Normal Retirement Age. The Council will notify the teacher in writing of the date that it intends the teacher to retire not more than 12 months and not less than 6 months before retirement. Before confirming retirement, the teacher will be given the opportunity to request to continue working beyond Normal Retirement Age. Governors must consider the request and provide a right of appeal if the request is not granted. Governors and the teacher may by mutual agreement extend the service (on the same or different terms) for a limited agreed period. The teacher has a continuing right to request an extension beyond the revised date for retirement

(i) A teacher reaching the age of 50 may be eligible for the Premature Retirement Compensation benefits of the Superannuation Regulations, if his/her contract of employment is terminated by the Council because of redundancy or in the interest of the efficient exercise of the school’s functions.

4.5 Maternity:

4.5.1 A woman teacher expecting the birth of a child shall give the Council at least 14 weeks prior notification of the expected date of confinement. Where a teacher intends to return to her teaching appointment and wishes to take advantage of the maternity scheme for women teachers applicable in such cases, she should apply for maternity leave under the Maternity Leave provisions at 9.2 of this Scheme. Where she does not so intend to apply, the teacher should wherever practicable give notice in accordance with the provisions of 4.2.1. Otherwise the contract may terminate by agreement, or if because of her pregnancy she is incapable of doing her own or some other suitable work, at a date 11 weeks prior to the expected date of confinement – or at some other date less than 11 weeks.

4.6 Dismissal by Reason of Disciplinary Action:

Except for gross misconduct, a teacher dismissed by reason of disciplinary action shall be given notice (or pay in lieu) to the end of the term in which dismissal takes place, or in accordance with the Employment Rights Act 1996, whichever is the greater. There shall in any event be a minimum of 4 weeks.


Paragraph 5 COMPLAINTS PROCEDURES FOR STAFF EMPLOYED IN SCHOOLS

CONTENTS

Section 1 APPLICATION

Section 2 PURPOSE

Section 3 TYPES OF COMPLAINT

Section 4 HANDLING EMPLOYEES COMPLAINTS – STATEMENT OF PRINCIPLES

Section 5 ACCOMPANIMENT AND REPRESENTATION

Section 6 PROCEDURE FOR GRIEVANCE COMPLAINTS

Section 7 COLLECTIVE DISPUTES PROCEDURE

Appendix 1 Flow Chart for Formal Procedures for Employee Grievances

Appendix 2 Flow Chart for Formal Procedures for HeadteacherGrievances and grievances against Headteachers

Section 8 PROCEDURE FOR COMPLAINTS OF HARASSMENT, BULLYING AND DISCRIMINATION

Section 9 RESTORING WORKING RELATIONSHIPS

Section 10 DISCIPLINARY IMPLICATIONS

Appendix 3 & 4 Nominating investigating Governors

Recommended Procedures for harassment, bullyingand discrimination Hearings/Appeals Hearings


1. APPLICATION

1.1 This procedure applies to teachers (including headteachers) and school support staff in respect of whom the responsibility for seeking redress of any grievance/complain relating to their employment is under the control of the Governing Body under the School Standards and Framework Act 1998, as amended from time to time.

2. PURPOSE

To enable employees who have a grievance or believe they have been harassed or bullied or suffered discrimination to make a complaint which will be treated seriously.

To enable management to respond to complaints fairly and promptly, and in a serious and sensitive manner.

To provide guidance and to encourage the use of informal methods of resolving complaints where these are appropriate.

3. TYPE OF COMPLAINT

This procedure applies to four types of complaint:-

3.1 Grievance

The Grievance Procedure is for dealing with complaints relating to:

conditions of service education matters within the school any matters not covered by the harassment, bullying and

discrimination procedures

3.2 Complaint of Harassment

Harassment is uninvited and unwanted action or behaviour by one person or group against another, or others, which may cause offence and/or embarrassment and which creates fear, stress or tension in the workplace. It could be an isolated act such as a comment or gesture or it could take the form of repeated behaviour.

3.3 Complaint of Bullying

Bullying is the misuse of power, position or situation which has the effect of intimidating, humiliating or undermining an employee.


3.4 Complaint of Discrimination

Unlawful discrimination is any action or inaction in relation to any employee, which is unlawful under the Race Relations Act 1976, the Sex Discrimination Act 1975 or the Disability Discrimination Act 1995.

Discrimination also includes the treatment of an employee less favourably or the victimization of an employee by reason of their religious or political convictions; being lesbian or gay; gender assignment; membership or non-membership of a trade union or involvement in trade union activities; status as an ex-offender; age (or youth) or medical status.

More than one person submitting the same grievance/complaint

If there is more than one person submitting broadly the same grievance/complaint the case may be led by the trade union representative/s and the complainants will attend as witnesses (this will entail giving evidence individually and withdrawing until the decision is made). However an employee still has the right to have the matter dealt with on an individual basis if s/he so wishes.

4. HANDLING EMPLOYEE GRIEVANCES/COMPLAINTS – STATEMENT OF PRINCIPLES

4.1 The management representative/s should seek to resolve the complaint, by informal means (See 6.2, 8.1 and 8.2) including mediation and/or conciliation between the complainant and the person/s complained of, wherever this is appropriate and possible by agreement of all parties.

The use of mediation and/or conciliation can be considered at any stage of the procedure or at the end of the process where there is a need to restore good working relationships between colleagues.

4.2 The management representative/s will deal with complaints expeditiously and objectively, and in the event of delays will be give reasons to all parties.

4.3 In considering evidence relating to a complaint the management representative/s will apply the “balance of probabilities” standard of proof.

4.4 A decision of the management representative/s in relation to a complaint shall only address the point of points of the complaint. The management representative/s reserve the right to address other relevant issues if they are revealed in the course of an investigation.

4.5 In place of heating the case her/himself, the Headteacher may arrange for a complaint to be considered by the Discipline, Grievance and Dismissal Committee in which case the complainant will be notified in writing of the arrangements.

4.6 In schools controlled by a governing body the highest level at which employee complaints can be considered will be the Appeals Committee of the


Governing Body.

5. ACCOMPANIMENT AND REPRESENTATION

A complainant may be accompanied at any meetings or interview connected with her/his complaint by a trade union representative or a work colleague. At any hearing or appeal a complainant may be represented by up to two trade union representatives or work colleagues. At any hearing or appeal the person complained against may be accompanied by a trade union representative or work colleague as s/he will be the key witness.

NOTE:

Where mediation or conciliation is entered into under the management of an independent facilitator, there is no right to be accompanied and/or represented but this may be requested.

5.2 An employee who is required to attend any meeting or interview as a witness in relation to a complaint may be accompanied but not represented by a trade union/professional association representative or work colleague.

5.3 The non-availability or a particular trade union/professional association representative or work colleague to accompany an employee shall not be a valid reason to delay proceedings. The complainant has additional statutory rights – see paragraph 5 .4 below.

5.4 Postponement of hearings and appeals.

In accordance with Section 10 (4) of the Employment Relations Act 1999 the complainant may seek a postponement of a complaint hearing and propose an alternative time, if their chosen Trade Union or Professional Association official or work colleague is not available at the time proposed by the employee must be reasonable and fall within five working days beginning the first working day after the day proposed by the employer.

NOTE:

The non-availability of the second of the two trade union/professional association representative permitted under this procedure will not be regarded as sufficient reason for a postponement.

6. PROCEDURE FOR GRIEVANCE COMPLAINTS

Preamble

i. The Grievance Procedure is for dealing with complaints relating to Conditions of service


Educational matters with the school Any matters not covered by the harassment, bullying and

discrimination procedures

ii. All proceedings shall be confidential. When the Discipline Grievance and Dismissal Committee’s decision is made the operative decision only shall be minuted and individuals should not be identifiable from the minutes.

iii. The decision and the reasons for it should be communicated in writing to the individual.

Informal

i. Where a grievance complaint could be resolved informally through discussion, complainants are encouraged in the first instance to raise it directly with their supervisor/line manager at the earliest stage. The complaint may be made in writing.

If the complainant feels that this is inappropriate s/he should contact his/her trade union representative to discuss alternative approaches.

For education matters the trade union representative may also raise the issue with Education Bradford.

ii. If the grievance is against the complainant’s immediate supervisor/line manager and the complainant considers that it is inappropriate to raise the complaint directly with him/her the complainant should bring the grievance to the attention of the Headteacher. The complaint may be in writing.

Formal Procedure

The following paragraphs set out the formal procedure to be adopted where the matter has not been resolved by informal means.

See Appendix 1,Page 11 for flowchart of Formal Procedures for Employee Grievances (except Headteacher grievances or grievances against the Headteacher)

See Appendix 2,Page12 for flowchart of Formal Procedures for Headteacher Grievances and Grievances against Headteachers

i. The timing and location of meetings must be reasonable and agreed by all parties wherever possible.

ii. Details of the grievance are put in writing to the Headteacher or the clerk to Governors (as appropriate) who will forward immediately to the person whom the grievance is against.


iii. Within 3 working days of receipt of the complaint letter the Headteacher or Clerk to Governors (as appropriate) will acknowledge receipt.

iv Within 10 working days of receipt of the complaint letter:

The Headteacher or Clerk to Governors (as appropriate) will arrange for a grievance complaint hearing to take place normally within 20 working days of the date of the complaint letter and will inform all parties in writing of the date.

The complainant must have provided all supporting evidence, including details of any witnesses, to the Headteacher or the Clerk to Governors (as appropriate) who will forward the evidence to the person whom the complaint is against.

v. Within 5 working days of receipt of the supporting evidence the person whom the complaint is against must have provided their response, including details of any witnesses and all supporting evidence to the Headteacher or Clerk to Governors (as appropriate). The Headteacher or Clerk to Governors (as appropriate) will forward to the complainant and if the hearing is a governors hearing the Clerk to Governors will forward to the Committee members.

vi. The date of the hearing will also allow a minimum of 3 working days after receipt by the complainant of the documents detailed in (v) above.

No further evidence will normally be accepted.

N.B. The times stated may be varied by agreement with all parties.

Please Note

Cases under the Grievance Procedure involving a matter of principle may be taken up under the Collective Disputes Procedure (see Section 8) by the Trade Union Association.

Grievance of employees (except Headteachers).

i. First Stage

The employee should at this stage seek the assistance of his/her trade Union Representative/work colleague in presenting the case.

In cases not involving the Headteacher, in the first instance the employee may take up the grievance with the Headteacher.


The Headteacher will provide a full opportunity for the employee (and their Trade Union/Work Colleague representative) to present the case, and make a decision as soon as possible. An HR Adviser will be present to advise. Where the Headteacher needs time to consider, the reason for the delay should be explained to the employee and a reply be made within 7 working days wherever possible. If no decision can be reached at that time, the Headteacher must discuss the delay with the employee.

The Headteacher will give the decision in writing (or verbally and in writing). Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal, and how to exercise that right.

ii Second Stage

If the employee continues to feel aggrieved s/he may appeal in writing to the Appeals Committee of the Governing Body by writing to the Clerk of Governors within 20 working days of the decision being given.

The employee has the right to present the case in full by letter,or at a formal hearing. At a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleagues.

An HR Adviser will be present to advise the governors.

The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision, the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible.

The Chair will give the decision in writing or verbally and in writing.

The decision of the Appeals Committee is the final level of appeal.

Headteachers’ Grievances and Grievances Against Headteachers

A Headteacher cannot take out a grievance against a member of staff.

Headteachers may take out a grievance against the governing body (or a formally constituted committee of the governing body) but not against an individual governor, unless, he/she is


exercising a delegated power or function or one conferred by law.

Any grievance must relate to a decision or omission of the governing body, committee or individual concerned.

i First Stage

An aggrieved Headteacher or another employee with a grievance against the Head must lodge the grievance in writing the Clerk of Governors.

The Headteacher or another employee has the right to present the case in full by letter or at a formal hearing; at a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleagues.


The Discipline Grievance and Dismissal Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision, the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal, and how to exercise that right.

ii. Second Stage

If the Headteacher or another employee continues to feel aggrieved s/he may appeal in writing to the Appeals Committee of the Governing Body by writing to the Clerk of Governors within 20 working days of the decision being given.

The Headteacher or another employee has the right to present the case in full by letter, or at a formal hearing; at a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleague.



The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the decision in writing or verbally and in writing.

The decision of the Appeals Committee is the final level of appeal.

7. COLLECTIVE DISPUTES PROCEDURE

7.1Preamble

Where it has not been possible to resolve a dispute by informal discussions, the following paragraphs set out the formal procedure to be adopted.

7.2This procedure is designed to enable the Governing Body or the Authority as appropriate and the recognized Union(s)/Association(s) to settle disputes which arise between them, or which, though arising from an individual grievance clearly involve a matter of principle.

7.3The “Governing Body” includes a Sub Committee of the Governing Body acting with delegated powers.

7.4Exclusions

The procedure may not be invoked for any of the following:

i. Matters affecting an individual covered by the machinery, except matters of principle arising from an individual case.

ii. Matters of a purely educational nature.

iii. Matters of dispute between or amongst Union(s)/Association(s), except (a) where the dispute affects the service, (b) that the Union(s)/Association(s) may ask the Governing Body or the Authority as appropriate to use its good offices to promote a settlement with the consent of all parties to the dispute.

7.5Once a collective dispute has been raised within the procedure, neither side shall take industrial action of any kind in connection with the specific issue while the matter is within the procedure (including jointly agreed referral to conciliation or arbitration). So far as possible, normal working shall continue uninterrupted during this procedure and status quo shall prevail.

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consultative machinery. The Authority expects to be given reasonable notice of any proposed industrial action.

7.6Procedure

i. An accredited representative of the Union/Association may raise a matter with the Headteacher, or the Governing Body as appropriate, in the first instance, or with the Chair of the OJC, which affects either employees at a particular school or affects employees in more than one school or is of general interest.

ii. Initially, the Headteacher, or the Governing Body, as appropriate will try to resolve the matter with the representative through discussion. If no agreement can be reached, or if the matter is referred directly, the Chair of OJC will try to resolve the matter with the representatives through discussion.

iii. Initially, the matter will be discussed at the appropriate Officers Joint Committee. Either side may also raise matters of sufficient significance for the whole service at that Committee.

iv. If the matter remains unresolved at the Officers Joint Consultative Committee a failure to agree will be minuted and an agreed Statement of Case prepared. Either side may request that the matter goes to the Joint Consultative Committee.

The Joint Consultative Committee is the final level for resolving the matter.

v. If there is a failure to agree in the internal procedure the two sides will decide whether some form of conciliation or arbitration would help resolve the dispute, and may by agreement proceed with one or the other.

7.7Conciliation

Where both sides agree the dispute may be referred to conciliation. The conciliation should initially be at local level unless it is agreed that having regard to the origin and nature of the dispute it would be appropriate for the matter to be referred to ACAS or for teachers to use the machinery as described in Appendix IV of the Burgundy Book.

7.8Arbitration

Where both sides agree the dispute may be referred to Arbitration under the auspices of ACAS

If the two sides agree to use the service of a conciliator or an arbitrator, neither side shall take action to exacerbate the differences between them.


7.9A Union/Association may raise a matter on its own behalf, or jointly with the agreement or consent of all the recognized Unions/Association. If a Union/Association raises a matter on its own behalf, the other recognized Unions/Associations may submit their views at all stages in their own right.

This paragraph applies to all stages in the procedure.

Appendix 1

Formal Procedures for Employee Grievance(except Headteacher grievances or grievances against the Headteacher)

(Section 3, Formal Procedure)


Complaint put in writing to Headteacher who forwards immediately to the Person whom the complaint is against

Within 3 working days of receipt of letter Headteacher acknowledges receipt

Within 10 working days of receipt of complaint letter Headteacher writes to all parties within hearing date which is normally within 20

working days from date of complaint letter Complainant has provided all evidence and details of witnesses to

Headteacher Headteacher passes supporting evidence/witness details immediately to

person whom complaint against

Within 5 working days of receipt of supporting evidence person whom complaintis against has provided response and details of witnesses to Headteacher

Headteacher forwards immediately to complainant allowing minimum of 3 working days before the hearing

N.B. The times stated may be varied by agreement of all parties

Appendix 2

Formal Procedures for Headteacher Grievances and Grievances against Headteachers (Section 3, Formal Procedure)


Complaint put in writing to Clerk of Governors who forwards immediately to the person whom the complaint is against

Within 3 working days of receipt of letter Clerk of Governors acknowledges receipt

Within 10 working days of receipt of complaint letter Clerk to Governors writes to all parties with hearing date which is

normally within 20 working days from date of complaint letter Complainant has provided all evidence and details of witnesses to Clerk

to Governors, Clerk to Governors passes immediately supporting evidence/witness

details to person whom complaint against

Within 5 working days of receipt of supporting evidence person whom complaint is against has provided response and details of witnesses to Clerk of Governors

Clerk to Governors forwards immediately to complainant allowing minimum of 3working days before the hearing

N.B. The times stated may be carried by agreement of all parties

8. PROCEDURE FOR COMPLAINTS OF HARASSMENT, BULLYING AND DISCRIMINATION

8.1 Resolving Complaints Informally

i. Employees are encouraged to raise their complaint with their linemanager at the earliest stage.

ii. If the employee feels that this is inappropriate she/he should contact the trade union to discuss alternative action.

iii. Nothing in this procedure precludes employees from choosing to deal with incidents of harassment (including bullying) or discrimination themselves by confronting the offender(s) in a straight forward practical and assertive manner and telling them that their behaviour is offensive and/or unwelcome. The complainant may feel that no further action is required if the person(s) complained of apologises and agrees to refrain from similar behaviour in future. This is to be encouraged as an effective means of resolving complaints in some cases.

iv. Most recipients of harassment (including bullying) and/or discrimination simply want the harassment (including bullying) and/or discrimination to stop. Management has a responsibility to resolve the complaint if al all possible. Some of the possible options available to Management are:

stated in (iii) above, encourage the employee to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is unwelcome, that it offends them or makes them uncomfortable, and that it interferes with their work. If it is a difficult or embarrassing for an individual to do this on their own behalf, management or another appropriate colleague may offer to accompany them.


The manager or trade union representative may approach the offender on the complainant’s behalf and explain the feeling of the complainant and urge the offender to cease/change his/her behaviour.

Arrange a meeting where all parties can be present to discuss what has happened.

Mediation or conciliation process facilitated by an independent third party (“the facilitator”), subject to the agreement of both parties and their acceptance of the proposed facilitator.

Independently facilitated mediation or conciliation may be considered to be appropriate in situations where it is considered by the parties that the matter is best dealt with by a facilitator who has no connection or involvement with the school or its management.

The mediation or conciliation process shall be confidential to the parties involved. In keeping with its informal, problem solving approach neither party has the right to be accompanied by a trade union/professional association representative or work colleague but this may be requested. Information from within the process shall not be sought as part of any subsequent investigation. The facilitator shall not be required to give evidence to any subsequent investigation or hearing. Both parties should seek to resolve the complaint at this stage.

The options are not exclusive, and other options may present themselves, according to the situation.

In any event, these options should be discussed and agreed by the complainant and every effort should be made in the first instance to resolve complaints by informal means.

N.B. If the behaviour of the employee’s manager is the subject of the complaint the employee may raise the matter with the manager’s own line manager.

8.2 Complaints against Headteachers

If the complaint is against the Headteachers range of options to assist in resolving the matter may be considered including:

i. Approaching the deputy Headteacher or a colleague.

ii. Contacting the trade union representative who may contact the Headteacher’s trade union representative.

iii. Contacting your HR Adviser who may assist directly or suggest other N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

services e.g. Mediation Services which may be able to help.

iv. Approaching the Chair of Governors or a governor nominated by the governing body with the particular skills to enable him/her to provide assistance in this type of problem.

The Chair or Governor should be nominated by the governing body for this role at the beginning of each year and the staff informed accordingly. The Chair or governor nominated must not be a member of the Disciplinary and Grievance Committee or the Appeals Committee.

It must be noted that this is the INFORMAL part of the process and that any person the employee chooses to contact to assist in resolving the problem must deal with the matter on a confidential basis.

8.3 Formal

For guidance on conducting investigations, see Education Bradford publication “Managing Investigations – A Practical Guide”.

NB In some cases it may be desirable to use the services of an external investigator. Please contact your human resources adviser for information

i. If informal methods of resolving the complaint of harassment, bullying or discrimination are inappropriate, unacceptable to either party, or have not succeeded (and the complainant has confirmed her/his wish to pursue a formal complaint) the Investigating Officer/s will carry out an investigation (See 8.4(i) and 8.6(i)). The complainant will be required to make a written statement of complaint before the investigation commences.

ii If the investigation takes longer than 20 working days from receipt of the written complaint, the complainant should receive a written progress report every 15 working days from the Headteacher/Chair of Governors as appropriate.

8.4 Allegations against a Member of Staff

i. The Investigating Officer

If the allegation is against a member of staff the Headteacher will arrange for a deputy or assistant head (not involved in the case) to undertake the investigation. (If this is not possible the school may commission an external investigator at a cost to the school – your HR Adviser will advise) The Investigating officer will make recommendations to the Headteacher.


Where there is no alternative the Headteacher can investigate and make the decision. Whilst it is not recommended that the Headteacher undertake this dual role, this may be a pragmatic approach in the circumstances. Please contact your human resources adviser before deciding on this process.

The investigating officer provides a written report, with the statements taken during the investigation, to the Headteacher. The Headteacher decides whether the complaint is justified or not (in full or in part), informs the complainant in person of the decision and subsequently confirms the decision in writing to the complainant within 5 working days wherever possible.

ii. If the Headteacher upholds the complaint (in full or in part) s/he must take, or recommend, appropriate action to prevent any recurrence if the inappropriate behaviour found. This may involve invoking the disciplinary procedures. The school’s HR Adviser will offer advice.

ii. If the complaint is not upheld, or upheld only in part, the complainant may request a hearing before the Discipline, Grievance and Dismissal Committee.

iii. The hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

N.B. At the hearing the management representative will be the Headteacher. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

iv. The Committee should, having heard the evidence, decide whether the complaint is justified or not (in full or in part). The decision should be made as soon as possible. Where the Committee needs time to consider the decision the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the Committee’s decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal and how to exercise that right.

v. If the Committee upholds the complaint (in full or in part) they must recommend appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking disciplinary procedures. The HR Adviser will offer advice.

8.5 Allegations against a Headteacher


i. The Investigating Officer

If an allegation is made against the Headteacher the investigation will be the responsibility of governor/s

It is recommended that commissioning an external investigator is considered by the governors unless a governor(s) is available with the time and expertise to undertake the investigation. This will be a cost to the school.

If the Governing Body wishes a governor/s to undertake the investigation see Appendix 3 for the process for the governing body to nominate the governor/s

Your HR Adviser will offer advice on this matter.

The investigating officer provides a written report, with the statements taken during the investigation, to the Chair of Governors. The Chair decides whether the complaint is justified or not (in full or in part), informs the complainant in person of the decision and subsequently confirms the decision in writing to the complainant within 5 working days wherever possible.

ii. If the Chair upholds the complaint (in full or in part) s/he must take, or recommend, appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking the disciplinary procedures. The School’s HR Adviser will offer advice.

iii. If the complaint is not upheld, or upheld only in part the complainant may request a hearing before the Discipline, Grievance and Dismissal Committee.

iv. The hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

NB At the hearing the management representative will be the Chair of Governors. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

v. The Committee should, having heard the evidence, decide whether the complaint is justified or not (in full or in part). The decision should be made as soon as possible. Where the Committee needs time to consider the decision the Chair of the Committee should explain the reason for the delay and undertake to reply within 7 working days wherever possible. S/he will give the Committee’s decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal and how to exercise that right.


vi. If the Committee upholds the complaint (in full or in part) they must recommend appropriate action to prevent any recurrence of the inappropriate behaviour found. This may involve invoking disciplinary procedures. The HR Adviser will offer advice.

8.7 Appeal to the Governing Body

i. If the complaint is not upheld (in full or in part), the complainant has the right to appeal the decision made at the first hearing by writing to the Clerk of Governors within 20 working days of the decision being given.

ii. The Clerk to Governors must arrange an appeal hearing as soon as possible, normally within 20 working days of the appeal being lodged. The appeal will be heard by the Appeals Committee of the Governing Body. The appeal hearing will consider all aspects of the original written complaint which have not been upheld. An HR Adviser will be present to advise.

N.B. At the hearing the management representative will be the Chair of Governors. The person whom the allegations are against will be a witness (as s/he is the key witness s/he may be accompanied by a trade union representative or a work colleague)

i. The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision the Chair of the Committee should explain the reason for the delay and undertake to reply within 7 working days wherever possible. S/he will give the Committee’s decision in writing or verbally and in writing.

ii. The decision of the Appeals Committee is the final level of appeal.

8.8 Allegations by the Headteacher

i. Allegations against a member of staff of harassment, bullying or discrimination

Follow the same procedure detailed in Section 8.6 and 8.7

ii. Allegations against the Governing Body

Please contact the School’s HR Adviser (who will liaise with the Governors Support Service) for advice before taking any action.

9. RESTORING WORKING RELATIONSHIPS


Whatever the outcome of a complaint, it is management’s responsibility to re-establish effective working relationships amongst the employees involved and it is the employees’ duty to co-operate to achieve this.

10. DISCIPLINARY IMPLICATIONS

The making of a complaint known to be false may result in disciplinary action being taken.

Where a complaint of discrimination or harassment or bullying is upheld management may take action under the disciplinary procedures.

The management representative must inform the complainant whether any disciplinary action or any other action aimed at redressing the situation has been taken. The complainant must treat this information in the strictest confidence.

Appendix 3

When it is decided that a formal investigation is recommended. The Chair will arrange for the Clerk to Governors to convene a governing body meeting to nominate a governor/s to investigate.

Best Practice Advice

It is recommended that an officer from the School Governor Service is asked to attend the meeting to assist governors in this process. This will provide support for governors and ensure nothing inadvertently occurs which may jeopardize the procedures at a later stage.

The Officer will recommend that:

If present, the Headteacher and any other persons involved in the case should withdraw from the meeting for this item

The governing body should not be told any details of the case to maintain confidentiality and also neutrality should the investigation result in a hearing


NOMINATING THE INVESTIGATING GOVERNORS

The governing body nominate one or two governors to investigate. This should not include the Chair of Governors.

The nominated governor/s should have the expertise and the time to undertake the investigation speedily.

The investigating governors should not be on the Discipline, Grievance and Dismissal Committee or the Appeals Committee of the governing body (for reasons of neutrality).

If the governors decide for whatever reason that a governor/s on the Committee/s is the best person to undertake the investigation, the governing body will have to agree a replacement governor/s for the Committee at a full governing body meeting which is quorate.

The officer from the Governor Support Service will contact the school’s Human Resources Adviser with details of the investigating governors. The Human Resources Adviser will contact the investigating as a matter of urgency and will provide advice and support to them throughout the investigation process.

Appendix 4

Recommended Procedure for Harassment, Bullying and Discrimination Hearings/Appeal Hearings The Chair of the Committee is in control of the procedure. The sequence listed below enables both sides to present their evidence fairly and fully. It is:

1. The Chair shall introduce those present and explain the procedure to be used and ensure that it is agreed by the employee and/or his/her representative.

2. The Employee or his/her representative shall present his/her case and may call witnesses to clarify the evidence.

3. The management representative (see note at end of procedure) may question the employee and any witnesses he/she had called.

4. The management representative shall present his/her case and may call witnesses to clarify the evidence.

5. The employee and/or his/her representative may question the management representative and any witnesses he/she has called.


6. The Chair (and through him/her the other Governors) may question either side and any witnesses called at any time. If new evidence is brought out both sides will have an opportunity to comment.

7. The management representative shall be given an opportunity to sum up his/her case.

8. The employee or his/her representative shall be given an opportunity to sum up his/her case.

9. The Chair shall ask both parties to leave while the decision is made; only recalling the two parties to clear points of uncertainty on evidence already given. If recall is necessary both parties will return not withstanding only one is concerned with the point giving rise to doubt.

10. The Chair shall recall the two sides to:

give the decision and explain the reasons for the decision, and confirm as soon as possible in writing or

inform the employee that the decision will be made known to him/her later both verbally and in writing as soon as possible or

inform the employee that the decision will be given in writing as soon as possible

Note The management representative at the hearing is the decision maker i.e.

the person who receives the investigation report

See 8.4i for allegations against a member of staffSee 8.6i for Headteacher allegations or allegations against the Headteacher

As the person whom the allegations are against is the key witness he/she may be accompanied by a trade union representative or a work colleague at the hearing.


Paragraph 6 DISCIPLINARY PROCEDURE FOR STAFF EMPLOYED IN SCHOOLS

DISCIPLINARY PROCEDURES

1 Preamble

2 Levels of Disciplinary Action

3 The Decision Letter

4 Time Limit for Keeping Records

5 Right of Appeal

Appendix 1) Suspension1a) Sample Suspension Letter2) Pay during Suspension3) Procedure at the Hearing/Appeal



INTRODUCTION

It is not the prime objective of the disciplinary procedure to inflict punishment. The main purpose is to encourage an employee whose standard of work or conduct is unsatisfactory to improve. The procedure serves to ensure that this is done in a fait and consistent manner. Clear guidelines are set out in the Council’s disciplinary rules and the GTC (England) Code of Conduct and Practice for Registered Teachers on what constitutes acceptable standards of performance and behaviour.

1. Preamble

Schools are strongly recommended to follow the guidance in the Managing investigations document. The guidance includes detailed information on conducting investigations, suspending a member of staff and examples of what constitutes gross misconduct.Please contact your Human Resources (HR) Adviser for advice.


The disciplinary procedure is strictly confidential and all aspects including all documentation and records shall be treated as such.

1.1 In minor cases of alleged misconduct the manager should initially seek to resolve the matter informally by discussion with the employee.

1.2The disciplinary procedure is to be used where an employee’s work or conduct is alleged to be unsatisfactory.Please check with your HR Adviser whether a concern should be dealt with under the disciplinary or capability procedures.

1.3Each step and action under the procedure must be taken without unreasonable delay.

1.4The timing and location of meetings must be reasonable.

GENERAL PRINCIPLES

No disciplinary action will be taken against an employee until the case has been fully investigated

During any management interview, an employee has the right to be accompanied by a trade union representative or a work colleague. The right to be accompanied will be confirmed in writing to the employee.

Before any disciplinary decision is made regarding an employee the employee will be advised of the allegations against him/her and will be given the opportunity to state his/her case. The employee will be notified in writing of the allegations to be answered at least 10 working days (plus any documentary evidence) before the hearing.

At any disciplinary hearing or appeal hearing the employee will have the right to:

- produce written statements and bring witnesses (All written statements shall be circulated to all parties at least 3 days in advance of the hearing);

- ask questions of any witnesses present.

- be represented by up to two trade union representatives or work colleagues

- present his/her case (or be represented by up to two trade union representatives or work colleagues) prior to the decision being made whether or not to issue the warning or to dismiss.

See Appendix 3 for the procedure at the hearing

NB. In accordance with Section 10(4) of the Employment Relations Act 1999 an employee may seek a postponement of a hearing and propose an


alternative time if their chosen trade union representative or work colleague is not available. The alternative time proposed by the employee must be reasonable and fall within 5 working days beginning the first day after the day proposed by the employer.

No employee will be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty may be dismissal without notice and without pay in lieu of notice.NB In all circumstances teachers are entitled to a minimum of 4 weeks pay – see Local Conditions of Service paragraph 4.6.

The decision and the reasons shall be communicated in writing (or verbally and in writing) to the employee.

An employee will have the right to be informed (if a warning is given or if the employee is dismissed) at the time the decision is made, of the right of appeal and how to exercise that right (see Section 5).

TRADE UNION OFFICIALS

Although normal disciplinary standards will apply to their conduct and performance as employees, no disciplinary action or suspension will be taken until the circumstances of the case have been discussed with an appropriate full-time official. In the case of suspension this may not be practical and should not prevent Management taking action.

SUSPENSION

In exceptional circumstances consideration may be given to removing the member of staff from their place of work (i.e. suspension) at the outset of the investigation or at any stage during the course of the investigation. Suspension should only happen in extreme cases and the procedure in Appendix 1 should be followed (for draft suspension letter see Appendix 1a).Please contact your Human Resources Adviser if you are considering suspension.

Every effort should be made to avoid lengthy periods of suspension.The decision to suspend and the conditions of suspension will be reviewed initially after a period of 1 month and subsequently on a monthly basis. The suspended employee will be informed of the outcome of each review. Any representations received from the employee or the employee’s trade union representative will be considered at each review.

For entitlement to pay and sickness entitlement during suspension see Appendix 2


2. Levels of Disciplinary Action

2.1There are four stages, each of which is designed to cover the varying seriousness of the cases. The stages give a proper sequence for persistent cases. Where the case is of sufficient importance or seriousness to use the procedure, disciplinary action will be taken at whatever stage appears appropriate to the circumstances.

2.2No employee will be dismissed for a first breach of discipline except in the case of gross misconduct when the penalty may be dismissal without notice and without pay in lieu of notice.

The following decisions will be confirmed in writing:-

The decision to issue no notice

Level 1 – A first warning may be given where the case is of sufficient importance or seriousness to bring to the attention of the employee formally.

Level 2 – A written warning may be given where the case has already involved a first warning and insufficient improvement has been made, where further misconduct has occurred, or where the case is of sufficient importance or seriousness.

Level 3 – A final warning may be given where the case has already involved a written warning and insufficient improvement has been made, where further misconduct had occurred or where the case is of sufficient importance or seriousness.Also where gross misconduct may not warrant for example due to mitigating circumstances.

Level 4 – Dismissal. An employee is likely to be dismissed where the case has already involved the final warning and insufficient improvement has been made or where further misconduct has occurred or where the case is so serious as to constitute gross misconduct or where there is some other substantial reason.

3. The Decision Letter

3.1A letter detailing the decision will be given to the employee and a copy placed on their personnel file, if a warning is issued.

3.2Following the outcome of the hearing the decision letter will state:-

i) The decision i.e. that there is no case to answer or the appropriate level of disciplinary sanction

ii) The reason for the decision.


iii) The course of action to be followed by the employee.

iv) Time scale in which improvement is required, if applicable.

v) Where assistance is required, the assistance which will be made available to the employee e.g. training and guidance.

vi) The date on which the warning will elapse (see section 4)

vii) That further disciplinary action will be considered if there is further misconduct or insufficient improvement within the timescale of the warning.

viii) The right of appeal against the decision and how to exercise that right. (See Section 5).

If the warning is a final warning it will also state that if the employee’s conduct continues to be unsatisfactory or if there is further misconduct it may lead to dismissal.

4. Time Limit for Keeping Records

First warning, the time limit shall be 6 months (excluding the Summer Break) from the date of the decision.

Written warning the time limit shall be 9 months (excluding the Summer Break) from the date of the decision.

Final warning the time limit shall be 12 months (excluding the Summer Break) from the date of the decision. However in exceptional circumstances misconduct may be so serious that if repeated at any time in the future the likely consequence is dismissal. The person/s making the decision may impose a final written warning and specify that such a warning will remain in force for as long as the employee’s employment with the Council exists.

Breaches of discipline will be disregarded after the specified period of satisfactory conduct (with the possible exception of the final warning – see above)

5. Right of Appeal

All employees have the right of Appeal

Appeals must be lodged in writing to the Clerk of the Governing Body within 28 days (excluding the Summer Break) of the date of the letter.

There is no further internal appeal against the decision of the Appeals Committee.

Appeal Process


An appeal is a rehearing and an employee has the same rights as s/he had at the first hearing.

Appendix 1

SUSPENSION

Considering whether Suspension is Appropriate

1.1The provisions for any suspension of school-based staff are set out in Schedules 16 and 17 of the School Standards and Framework Act 1998. Decisions on suspensions are taken by Headteacher or the governing body (action by the Chair in relation to the Headteacher must be notified to the full governing body).


1.2Staff against whom an allegation is made should not automatically be suspended (See Section 1.4).

Where the allegation is that a criminal offence may have been committed or a child is at risk of significant harm, immediate suspension is more likely to be appropriate. In the case where immediate referral to the Education Bradford Lead Officer (The Principal Education Social Worker) is accompanied by consideration of disciplinary procedures, suspension may or may not be appropriate. The Headteacher or Chair of Governors should consult with the Education Bradford Lead Officer and consider any recommendation which may be made by the child protection agency/police or strategy meeting before a decision to suspend it taken.

1.3Suspension may be considered at any stage of an investigation. Suspension is a neutral act, not a disciplinary sanction and the employee will receive normal pay. Paid leave of absence, mutual agreement to refrain from work, alternative duties/locations or removal from contact with pupil may also be used as an alternative to suspension.

1.4Suspension should not be undertaken without good reason. In the same way, an over-hasty or ill-judged decision immediately to suspend a member of staff when an allegation of abuse is made can a have a substantial, detrimental effect upon the person’s career. There may be other options to suspension (see paragraph 1.3). Suspension is not only a traumatic experience for the individual involved, but also for their family, for other children at the school, their parents and for other staff. All concerned will wish to be reassured that the responsible agencies will act in a careful, measured way when allegations of abuse are brought to their attention. Circumstances in which suspension properly occurs include:

(i) Where a child or children is/are at risk;

(ii) where the allegations are so serious that dismissal for gross misconduct is possible;

(iii) where a suspension is necessary to allow the conduct of the investigation to proceed unimpeded.

1.5 In all cases where suspension is being considered, the Headteacher or Chair of Governors should advise the individual to seek assistance from his or her trade union.

2. An Interview to Consider Suspension of a Member of Staff.

2.1 Where suspension is being considered, an interview should be arranged. Normally, the interview should be undertaken outside pupil contact time.1 The Headteacher (or, in cases where the allegation is against the Headteacher, the Chair of Governors) should consult with and seek advice


from the Education Bradford Lead Officer.

2.2 Where the Police are involved in a criminal investigation, any interview arranged where suspension is considered, should not be conducted without prior consultation with the officer in charge of the case. Where there is no Police involvement, an interview should be arranged in accordance with the following procedures.

2.3 When called to an interview where suspension is a possible outcome the member of staff should be advised to seek the advice of his/her trade union. A person who is not a member of a trade union may be accompanied by a work colleague. He/she, where accompanied, should be offered the opportunity of a brief meeting with the representative or work colleague before the interview.

2.4 The member of staff should be informed at the outset of the interview that an allegation has been made and that, at the conclusion of the interview, suspension might occur. It should be made clear, however, that the interview is not a formal disciplinary hearing but is for the purpose of raising a serious matter which may lead to suspension and further investigation.

2.5 The member of staff should be given as much information, including reasons for any proposed suspension, as is consistent with not interfering with an investigation into the allegation. This meeting is not concerned with examination of the evidence but is an opportunity for the member of staff to make representations concerning any possible suspension. The member of staff should be given an opportunity to make such representations after the information has been given. A brief adjournment should be offered to the member of staff prior to response.

2.6 If, as a result of the interview, it is considered by the Headteacher/Chair of Governors that suspension is necessary along with a full investigation of the allegation, the individual should be advised that he or she is suspended from duty. Written confirmation of the suspension should be dispatched within one working day, giving reasons for the suspension (see Appendix 1a).

1 In accordance with the relevant ACAS Code of Practice, where the person is a trade union or safety representative, the interview should not be arranged without prior discussion with the relevant branch secretary or a full-time official of the trade union concerned. From the outset it should be established that the action being taken is not an attack on the functions of a trade union.

2,7 The decision to suspend should be kept under review, and the suspension may be lifted prior to the completion of the investigation if appropriate.

3. After a Decision to Suspend Pending Investigation

3.1 Where a member of staff has been suspended, the Chair of Governors, Director of Education and if applicable the Managing Director of Education Bradford, should be informed of the suspension formally, in writing. In all


cases a report should be made to the governing body that a member of the school staff has been suspended pending investigation. It is inadvisable to provide more than the minimum information necessary to the governing body, as more than this would prejudice governor’s impartiality in any subsequent hearing or appeal in disciplinary proceedings. Where the Headteacher has been suspended, the implications for the management of the school will need to be considered including the arrangements for an Acting Headteacher.

3.2 Where a pupil or parent has made the allegation they should be confidentially informed of the suspension. Where the pupil is under 18, his or her parents should normally be informed, in confidence in so far as to do so is consistent with wider child protection considerations.

3.3 Senior teacher in the school who need to know of the reason for the suspension should be informed as far as is necessary in the particular circumstances. The Headteacher/Acting Headteacher should take a decision on informing other staff colleagues in the school of the suspension.

3.4 In appropriate cases the Headteacher/Acting Headteacher should discuss with the Chair of Governors the extent to which it is necessary to make a statement to parents of children in the school, having considered the need to avoid unwelcome publicity.

3.5 In certain circumstance, e.g. child protection investigations, it may be necessary for the Headteacher (Acting Headteacher in consultation with the Chair of Governors) to provide immediate reassurance to parents and children in the school and there may be a need for information to continue to be provided during the course of an investigation to parents, children and other colleagues.

3.6 In respect of paragraphs 3.3, 3.4 and 3.5 guidance should be sought from the Education Bradford Lead Officer or, where relevant and appropriate, from Social Services or the Police.

3.7 The Headteacher/Acting Headteacher in consultation with the Chair of Governors should consider, and keep under review, decisions as to who is informed of the suspension and investigation and to what extent confidentiality can or should be maintained, according to the circumstances of a particular case. In a situation where a matter becomes common knowledge or the subject of general gossip, it may be desirable to provide an accurate statement for public information. Advice should be taken from the Education Bradford Lead Officer.

4. Support for Staff during the Period of Suspension

4.1 The suspended member of staff will be given the name of an Education Bradford officer as an information contact. The main role of the contact person is to provide information as to the progress of the investigation. Social contact with colleagues and friends at the school should not be


precluded except where it is likely to be prejudicial to child protection enquiries, criminal investigations or disciplinary processes.

4.2 Although it is the aim that all investigations should be conducted as speedily as possible consistent with establishing the full facts, arrangements should be made (by negotiation) for the individual, or his or her representative, to be contacted regularly with information on progress and developments on the case. These arrangements should not preclude him/her, or his or her representative, contacting those conducting the investigation at any time.

4.3 According to the needs and wishes of the member of staff to be kept informed, a colleague contact should also be in a position to provide information about developments at the school in general.

4.4 In some cases, it may be appropriate to ask whether welfare counseling or the support of the LEA’s medical adviser or Education Bradford’s medical adviser, whichever is appropriate, would be helpful, or to respond to a request for such further support.

5. Support for Others Concerned

5.1 If a child or children have made allegation/s they and their parents will need support. Consideration should be given to the form such support should take. Consideration should also be given to what support may be needed for others at the school, both staff and pupils, according to the circumstances of the alleged abuse. In some cases, therapeutic counseling from expert sources may be necessary. Advice on this can be obtained via the ACPC/Social Services.

6. Where no Action is Taken to Suspend

6.1 The Headteacher/Chair of Governors (in cases where the allegation is against the Headteacher) should explain to the member of staff the circumstances which led to consideration of suspension and further explain any follow up action which it is proposed to take. The member of staff may be accompanied by a trade union representative or work colleague. According to the circumstances of the case, appropriate assistance or advice may be offered. The Headteacher/Chair of Governors should seek to establish what support, if any, is required and where appropriate and acceptable to the member of staff should seek advice from the Education Bradford Lead Officer. According to circumstances, appropriate counseling services should be considered.

6.2 If a member of staff has not been suspended but there are child protection or serious concerns about aspects of his/her conduct, a full investigation should be undertaken before making a decision about further action under disciplinary procedures. Contact your HR adviser for further advice on undertaking an investigation.


Appendix 1aSAMPLE SUSPENSION LETTER

Mrs Jones48 Lovelace Drive


HeatonBradfordBD15 4JB

15 August 2000

Dear Mrs Jones

I am writing to confirm the decision conveyed to you today, that with immediate effect and until further notice, you are suspended from duty.

Reason for suspension

An allegation regarding you conduct, in that you ___________________________ __________________________________________________________________

In view of the gravity of the allegation and the need for a thorough and objective investigation to be conducted, I have resolved that you be suspended for the duration of the investigation.

You should note that suspension is not a punishment or disciplinary sanction, nor does it pre-empt any conclusions of the investigation.

At a suitable time during the investigation, you will be interviewed and have the right to be accompanied by your trade union representative or a work colleague not involved in the allegations. On completion of the investigation, you will be advised of the outcome and, in the event of disciplinary action being recommended, the disciplinary procedures as adopted by the Governors will be followed.

Terms of suspension

1. It is a condition that you must not visit the school or have any contact with governors, staff (see 2 below), parents or pupils. This is intended to protect you from any potential allegations of harassment/intimidation of witnesses or collusion and is therefore in you own best interests. Failure to follow this condition could, in itself, lead to formal disciplinary action being taken.

2. Any contact with staff must only be through normal social arrangements. There must be no discussion about the case or matters relating to it.

3. If for any reason you should need to visit the school, you must seek prior permission, in writing, from me.

4. During the period of suspension you will receive normal pay.During your period of suspension, the deputy headteacher, Mr Smith, will act as an intermediary between you and the school and can be contacted by telephone or in writing at the school. Mr Smith will also keep you informed of any developments in school.


If you wish to consult a Human Resources Adviser regarding procedural matters concerning your suspension and the pending investigation, please contact Peter Brown by telephoning 932786.

Yours sincerely,

Mrs M ThroppHeadteacher

Appendix 2PAY DURING SUSPENSION


A. The employee is entitled to normal pay during a period of suspension. Normal pay means the pay which the employee would have been paid in the particular week of the suspension. The appropriate regular payment listed below shall also be included, providing that they would have been paid to the employee in that particular week but for the suspension.

The payments to be included, if regular, are for:- Shift work

Night work

Split duty

Weekends

Unsocial hours

Scheduled standby duty

Contractual overtime.

In addition, where appropriate, employees shall continue to receive the following allowances providing they would have received them but for the suspension:-

Essential car user lump sum allowance Housing Department van allowance.

For any bonus earner, normal pay shall also include a sum equal to his/her average bonus earnings. This shall be determined by reference to the average bonus earned per hour over the preceding 3 months prior to the suspension, or any other period as agreed locally. Once such bonus sum is calculated as described, then it will remain fixed at that amount for the duration of the suspension. However, if new bonus rates are agreed for the particular bonus scheme during the period of suspension, or if the bonus rates are amended due to any general pay increase, then the sum will be appropriately revised. If the employee becomes no longer contractually eligible to receive such bonus payments during the period of suspension then, from that date, the bonus will cease to be paid.

B. If the employee takes annual leaver of is sick at any time during the suspension, then pay for such leave or sickness will be calculated in accordance with the normal provision of the Council’s annual leave or sickness scheme. Any other payments, e.g. the allowances detailed above, will be paid in accordance with that scheme’s rules for any leave or sickness absence.

When any period of sickness as described above comes to an end, then the employee – if still suspended – again becomes entitled to normal pay during suspension as defined in paragraph (A) above.

APPENDIX 3


PROCEDURE AT THE HEARING/APPEAL

At the beginning of the hearing/appeal, the Chair/Human Resources Representative shall explain the procedure to the parties.

Disciplinary Hearings/Appeals

1. The management representative will put the management case and may call witnesses.

2. The employee or his/her trade union representative/s or work colleague/s will have the opportunity to ask questions of the management representative and any witnesses s/he has called.

3. The employee or his/her representative will put his/her case and may call witnesses.

4. The management representative will have the opportunity to ask questions of the employee and any witnesses s/he has called.

5. The Chair (and through him/her the other governors) may ask questions of any party. If new evidence is brought out, both parties will be given an opportunity to comment and, if necessary, to adjourn.

6. The management’s representative will have the opportunity to sum up her/his case.

7. The employee or her/his representative will have the opportunity to sum up her/his case.

8. The Chair shall ask both parties to leave while the decision is made; only recalling the two parties to clear points of uncertainty on evidence already given. If this is necessary both parties will return even if only one is concerned with the point giving rise to the doubt.

9. The Chair shall recall the two sides to:-

give the decision and explain the reasons for the decision, and confirm as soon as possible in writing or

inform the employee that the decision will be made known to him/her later both verbally and in writing as soon as possible or

inform the employee that the decision will be given in writing as soon as possible


Paragraph 7 FIXED TERM AND TEMPORARY EMPLOYMENT DISMISSAL FOR STAFF EMPLOYED IN SCHOOLS

The Employment Act 2002 (Dispute Resolution) Regulations 2004 came into force on 1 October 2004 and set out a statutory minimum dismissal procedure which must be applied to all staff. This legislation means that the statutory dismissal procedure must be applied to staff on fixed term or temporary contracts.

This procedure applies to staff employed in schools. For staff employed directly by the Council please refer to the Council’s Procedures.

The process detailed below meets the requirements of the Act and is to be used in the expiry (termination) of fixed contracts and termination of temporary employment contracts. The procedure below must be applied when consideration is given to the ending of such contracts where they have existed for a continuous period in excess of 10 months (or a continuous series of such contracts).

Prior to the formal meeting detailed in Section 1 below, management should meet with the employee to discuss the situation regarding the ending of the contract and to examine any other possible employment the school may be able to offer. The employee may be accompanied by a trade union representative or a work colleague. The meeting should be as early as is practical in the circumstances bearing in mind teacher resignation dates and potential vacancies wherever possible.The employee should be informed of his/her right to go to a formal meeting as detailed in Section 1 below.

1. Formal Procedure

The employee will be invited in writing to the meeting at least 14 days prior to the meeting (excluding the date of issue and the date of the meeting) – see draft letter Appendix 1 – and should include:-

a) A clear statement that you are recommending dismissal at the meeting.

b) A summary of the reasons for that recommendation.

c) Copies of any documentation in support of the recommendation.

d) Clear guidance to the employee on how s/he can convey to the meeting his/her view/comment in respect of the recommendation and the reasons for it. The employee’s input into the meeting can be exercised by the employee choosing any one of the following methods:-

(i) Attending the meeting in person with or without a trade union representative or work colleague


(ii) Not attending the meeting but asking a trade union representative or a work colleague to attend on their behalf

(iii) Making their view known in writing

(iv) Electing to neither attend nor make representations not to have a trade union representative or a work colleague to act on their behalf

(2) Procedure at the meeting

A formal meeting will be convened in consultation with the trade union representative or work colleague if known.

The following running order is designed to ensure that the meeting is conducted in an orderly way, and for full information to be presented by the management representative as to why consideration is being given to dismissing the employee (by the non-renewal/extension of the fixed term/temporary contract or offer of further employment) on the expiry of the contract.

The following will also be considered:

The feasibility of taking action to avoid the dismissal of an employee e.g. the possibility of additional funding becoming available and the individual’s employment being continued

Redeployment to a suitable alternative post within the school The right to time off to seek alternative employment Any relevant training opportunities and where relevant Eligibility to a redundancy payment

Wherever possible an HR Adviser will attend to advise.

1. The management representative will set out the reasons for the recommendation to dismiss and any supporting documentation or other evidence.

2. The employee or their trade union representative or work colleague will make their representation to the Headteacher and may present supporting documentation or other evidence

3. The Headteacher may ask questions of/seek information from either party as appropriate and encourage a full discussion of all matters in relation to the question of the dismissal of the employee

4. After an adjournment of the meeting to consider the information presented/available the Headteacher will normally arrive at a decision in respect of the recommendation to dismiss


The decision should include:

a) Deciding not to dismiss with or without conditions.(there would need to be some guidance as to where the employee would be employed after the expiry of the fixed term/temporary contract)

b) Deciding to seek further information with or without an adjournmentc) Deciding to dismissd) Deciding to dismiss with deferral pending some specified criteria

The Headteacher will normally convey the decision as soon as is practical to the employee following the adjournment of the meeting to consider the matter and in any event confirm it in writing within 5 working days of the decision being taken.

The employee has the right of appeal to the Appeals Committee of the Governing Body. This right may be exercised by writing to the Clerk to the Governors within 15 working days of the decision being communicated in writing to the employee (date letter issued) and calculated from whichever date was earliest. The Appeal hearing is a re-hearing with the employee having the same rights as s/he had at the first meeting.

There is no further internal appeal against the decision of the Appeals Committee.


Appendix 1

Draft letter: invitation to employee to attend meeting to discuss proposed dismissal on the expiry (termination) of fixed term contact or termination of temporary employment contract.

Dear

I would like to invite you to attend a meeting on date/time/venue. The purpose of the meeting is to discuss the recommendation that you be dismissed from your fixed term/temporary post on the expiry of your contract on _____ for the following reasons:

I enclose copies of the documentation to be presented by management.

Your input into the meeting can be exercised by choosing any one of the following methods;-

(i) Attending the meeting in person with or without a trade union representative or work colleague

(ii) Not attending the meeting but asking a trade union representative or a work colleague to attend on your behalf

(iii) Making your view known in writing

(iv) Electing to neither attend nor make representations nor to have a trade union representative or a work colleague to act on your behalf

At this meeting we will discuss the reasons for the termination of your contract and explore the possibility of alternate options such as redeployment within the school.

You (or your representative on your behalf) will be given the opportunity to ask any questions or raise any relevant issues. The final decision regarding your contract will take into account any representations made at this meeting.

I would be grateful if you could please inform me which of the four methods detailed above you wish to pursue.

If you have any queries prior to the meeting please do not hesitate to contact me.

Yours sincerely,


Headteacher

Paragraph 8 TEMPORARY (ACTING) ALLOWANCES TO TEACHERS ACTING IN POSTS OF SPECIAL RESPONSIBILITY FOR PROLONGED PERIODS

(a) This scheme applies to all teachers who undertake the duties and responsibilities of posts of Deputy Headteacher, of posts carrying incentive allowances (and in the case of Deputy Headteacher the post of Headteacher) for a prolonged period as defined below during the absence of the regular holder of the post of when a permanent appointment to a vacant post is delayed. The Council expect, however, that where posts of responsibility become vacant, every effort will be made to fill such posts in a permanent capacity to permit continuity.

(b) The Temporary (Acting) Allowance will be such as would bring the teacher’s inclusive salary up to the rate of salary which would be payable if he/she was permanently appointed to the post, provided that the teacher undertakes the full duties and responsibilities of the post.

(c) A Temporary (Acting) Allowance will become payable after the teacher, who must be an existing member of the School, has undertaken the duties and responsibilities of the post for a period of twenty consecutive working days’ service, except insofar as school holidays or closures totaling not more than five days (excluding Saturdays and Sundays) may intervene, and when the teacher has thus qualified, the temporary (acting) allowance will be made retrospective to the first day of the qualifying period, and will then continue so long as the teacher continues in that capacity according to the rules relating to the normal employment of a teacher at an annual rate of salary (ie up to the 31st December if service in the capacity ends on the last day of the Autumn Term, up to the last day of the Easter vacation; and up to 31st August, or the day preceding the opening of the School for the Autumn Term, if service ends on the last day of the Summer Term; including in all cases any intervening vacations).

(d) The Council will normally expect the member of the staff of a school who is next in order of seniority to the regular holder of the post in his/her capacity ordinarily to be appointed to act in the absence of the regular holder of the post, or during a vacancy.

(e) In accordance with the Teachers’ Superannuation Regulations 3(7) (a) (i) 1976, contributions under the Teachers’ (Superannuation) Acts will not be deductible from a Temporary (Acting) Allowance paid when the regular holder is absent for illness or any other reason except in the following special circumstances – if the post becomes vacant whilst the teacher is continuing without interruption, to act in the post, superannuation


contributions will be deducted not only from the Temporary (Acting) Allowance paid to the Teacher from the date when the post becomes vacant, but arrears of superannuation contributions will be collected in respect of payments made for the period immediately preceding that date.

(f) This practice could be modified if the regular post holder’s absence were prolonged (at least six months), in which case the acting teacher could elect to pay superannuation contributions on the acting allowance on undertaking all the duties and responsibilities of the post.


Paragraph 9 LEAVE OF ABSENCE

9.1 Sick Pay and Sick Leave:

Scale of Sick Pay: Calculation of Sick Pay Conditions

SCALE OF SICK PAY:9.1.1 Subject to the provisions of this scheme, a teacher absent

from duty owing to his/her illness (which term is deemed to include injury or other disability) shall be entitled to receive in any period of one year an allowance in accordance with the following scale:

During the first year of service: full pay for 25 working days and, after completing four calendar months’ service, half-pay for 50 working days.

During the second year of service: full pay for 50 working days and half-pay for 50 working days.

During the third year of service: full pay for 75 working days, and half-pay for 75 working days.

During the fourth and successive years: full pay for 100 working days, and half-pay for 100 working days.

This scale is to be regarded as a minimum and the governors have discretion to extend its application in any individual case after consultation with the Council.

“Service” here means recognized teaching service with any Local Education Authority, and such other period of employment as the Council may approve.

CALCULATION OF SICK PAY

9.1.2 Sick Pay, shall include, where appropriate, statutory sick pay and shall not exceed full (ordinary) pay.

9.1.3 For the purpose of calculating the allowance payable under paragraph 9.1.1 above, the year shall be deemed to begin on April 1 of each year and end on March 31 of the following year. In the case of a teacher whose service commences on a date other than April 1, such service shall be deemed, for


the purpose of this scheme, to have commenced on the preceding April 1, subject to the completion of four calendar months’ actual service before half-pay can be claimed. In the case of a teacher who is absent owing to illness on March 31 of any year, such a teacher shall not be entitled to a fresh allowance in respect of the following year until he/she has resumed teaching duties, the period from April 1 until the return to duty being deemed to be part of the preceding year for the purpose of this scheme. In the case of a teacher transferred from the service of one authority to that of another any sick pay paid during the current year by the previous authority shall be taken into account in calculating the amount and duration of sick pay payable by the new authority.

9.1.4 Deductions shall also be made from sick pay less than full pay if a teacher would otherwise, with the benefits receivable in respect of insurance under the appropriate Social/Security Acts, become entitled to an amount exceeding the sum of his/her full (ordinary) pay.

9.1.5 In the event of a teacher exhausting in part or full his/her entitlement under 9.1.1. above and being given notice of the termination of his/her contract without returning to work, on the ground of permanent incapacity or for some other reason, he/she shall be paid full salary for the notice period with normal deductions only.

9.1.6 Deductions equivalent to the current pension rate under the Social Security Act shall be made from the sick pay of women teachers over the age of 60 who receive sickness benefit instead of statutory sick pay.

9.1.7 For the purpose of 9.1.1 two half school-days shall be deemed to be equivalent to one working day. Whilst sickness during school holidays will not affect the period of a teacher’s entitlement to sick pay allowance under 9.1.1. it will be relevant so far as deduction of benefit is concerned. Thus, the rate of sick pay applicable to him/her in respect of sickness during closure of school is the rate applicable to him/her on the last day before the closure. Where a teacher therefore is ill immediately preceding the school holiday and:

- he/she is on full sick pay he/she shall continue on full sick pay, but the closure period is not counted against his/her entitlement under 9.1.1 above;

- he/she is on half sick pay he/she shall continue on half sick pay, but the closure period is not counted against


his/her entitlement. - he/she has exhausted his/her sick pay entitlement and

is not receiving any pay

he/she shall continue to receive no pay.

Where a teacher is either on half pay or is not receiving pay he/she may be put back on full (ordinary) pay by the procedure in 9.1.9.

9.1.8 The deductions enumerated under 9.1.4., 9.1.5. and 9.1.6. will be made if the teacher is eligible to receive the benefit, whether or not he/she takes the necessary steps to obtain it.

9.1.9 When a teacher is ill immediately preceding a closure of the school, and has exhausted his/her sick pay allowance, or is on less than full pay, and recovers during the period of closure, such a teacher shall be deemed, for the purpose of calculating the amount of salary due, to have returned to duty on the day he/she is authorized medically fit to do so by means of a doctor’s statement obtained for that purpose, provided he/she actually returns to school on the first day after the period of closure.

Where a teacher in these circumstances does not return to duty on the first day after the period of closure he/she shall refund such sum as the employer at their discretion may decide.

9.1.10 If, during closure of a school, a teacher becomes entitled, or would become entitled (but for his/her election to be excepted from liability to pay contributions) to claim any to the benefits referred to in this scheme, it shall be his/her duty to notify the sick pay unit thereof, and of the period of such entitlement so that the requisite deductions can be made.

CONDITIONS:

9.1.11 For the purpose of this scheme a teacher shall be under an obligation to declare to the satisfaction of the authority his/her entitlement to benefit under the foregoing Acts (9.1.4.) and any subsequent alteration in the circumstances on which such entitlement is based, in default of which the authority shall be entitled to determine the benefit by reference to the maximum benefit obtainable.

9.1.12 Conditions

A teacher shall not be entitled to sick pay unless:N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

(i) notification is made to the employer as may be required, not later than the fourth working day of absence;

(ii) a doctor’s statement is supplied not later than the eighth day of absence;

(iii) subsequent doctor’s statements are submitted at the same intervals as they are required for D.S.S. (N.I.) purposes and on return to duty in those cases where the absence extends beyond the period covered by the initial statement and at similar intervals during a period of entitlement to Statutory Sick Pay;

MEDICAL EXAMINATIONS:This Section should be read in conjunction with access to Medical Reports Act 1988, an Act to establish a right of access by individuals to reports relating to themselves provided by medical practitioners for employment or insurance purposes and to make provisions for related matters.This Act came into force on 1 January 1989.A teacher who is unable to perform his/her duties satisfactorily as a consequence of illness, may be required at any reasonable time to submit to examination by the Medical Officer of the Council. The private medical attendant of the teacher may be present at such examination at the teacher’s request.

Difference of Medical Opinion:

In the event of a difference of medical opinion between the teacher’s medical adviser and the Council’s Medical Officer, as to the teacher’s fitness to work, the matter shall be submitted to a medical referee agreed jointly to be independent.

9.1.13 A teacher entering hospital or similar institution shall submit a doctor’s statement on entry and on discharge in substitution for periodic statements.

9.1.14 Absence arising from accidents, injury or assault at work

In the case of absence due to accident, injury or assault attested by an approved medical practitioner to have risen out of and in the course of the teacher’s employment, including attendance for instruction at physical training or other classes organized or approved by the employer or


participation in any extra curricular or voluntary activity connected with the school, full pay shall in all cases be allowed, such pay being on allowance for the purpose of paragraphs 9.1.2 to 9.1.10 above, subject to the production of self certification and/or doctors’ statements from the day of the accident, injury or assault up to the date of recovery, but not exceeding six calendar months.Where a teacher is still absent due to accident, injury or assault after the initial six months’ period, the question of any extension of payment under this paragraph shall be considered. In the event of no extension of leave being granted, the teacher shall be entitled to normal sick leave and pay under the terms of paragraph 9.1.1 according to his/her length of service as prescribed by that paragraph.Absence resulting from accidents, injuries or assaults referred to in this paragraph shall not be reckoned against the teacher’s entitlement under paragraph 9.1.1 above, though such absences are reckonable for entitlement to Statutory Sick Pay.For the purpose of this paragraph “absence” shall include more than one period of absence arising out of a single accident, injury or assault.

9.1.15 Contact with infectious diseases

When the approved medical practitioner attest that there is evidence to show a reasonable probability that an absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment full pay shall be allowed for such period of absence as may be authorized by the approved medical practitioner to be due to the illness, and such absence shall not be counted against the teacher in calculating any future sick pay under this scheme, though such absences are reckonable for entitlement to Statutory Sick Pay.

9.1.16 Where the absence is attested by the approved medical practitioner to be due to pulmonary tuberculosis and the teacher carries out an approved course of treatment full salary shall be paid in respect of the first twelve calendar months of the period of absence after attestation and further full or half pay shall be allowed at the discretion of the governors after consultation with the Council.

9.1.17 A teacher residing in a house in which some other person is suffering from an infectious disease shall at once notify his/her Headteacher and the teacher shall, if required take such precautions as may be prescribed, provided that if in the opinion of the approved medical practitioner it is considered inadvisable, despite such precautions for such a


teacher to attend duty, full pay shall be allowed during any enforced absence from duty, such pay being an allowance for the purpose of paragraphs 9.1.2 to 9.1.10 above. This provision will also apply where, in the opinion of an approved medical practitioner, it is inadvisable for a teacher to attend duty for precautionary reasons due to infectious disease in the workplace. The period of absence under this paragraph shall not be reckoned against the teacher’s entitlement to sick leave under 9.1.1.above, though such absences are reckonable for entitlement to Statutory Sick Pay

9.1.18 Absences caused by negligence

If the absence of the teacher is occasioned by the actionable negligence of a third party in respect of which damages are recoverable, the teacher shall advise the governors immediately. The teacher will receive full remuneration (less the amount of any Statutory Sick Pay or other benefits which the teacher will receive), during the subsistence of the contract of service. But such payment will be by way of a loan. All monies will be repayable if – and only if – the teacher succeeds in recovering them from the third party or his/her insurers. In the event of the claim for damages being settled on a proportionate basis, the Council will require full details and will determine the actual proportion of the monies to be refunded by the teacher.

9.1.19 If the Governors are of the opinion that the disability which has occasioned the teacher’s absence from work is due to his/her misconduct, or if the teacher has failed to observe the conditions of this scheme, or has been guilty of conduct prejudicial to his/her recovery, the payment of any allowance under this scheme may be suspended by the governors after consultation with the Council provided that in any such case the governors shall inform the teacher of the grounds upon which the payment of the allowance has been suspended and inform him/her of his/her rights of appeal under the Grievance Procedure.

9.1.20 (i) A teacher whose absence on account of sickness or injury is due to or attributable to working on his/her own account for private gain including paid participation in sport for another employer except where this is another Bradford LEA School, shall not qualify for the allowances and benefits of this scheme, except at the discretion of the governors.


NOTE: The Council strongly advises teachers undertaking paid employment for another employer to arrange adequate insurance cover against injury.

(ii) Where the absence is due to participation in sport as an amateur, or other unpaid activity, the teacher shall be entitled to the allowances and benefits of the scheme in full, EXCEPT THAT, where a teacher is covered for this risk by a form of insurance or other benefits which includes an element in respect of loss of pay, the governors shall be entitled to take account of such element in assessing the allowances and benefits under this scheme.

9.1.21 Compensation for Victims of Crimes of Violence

If the absence of a teacher is caused by assault upon him/her he/she shall advise the governors forthwith and the governors will pay full remuneration (less the amount of any Statutory Sick Pay or other benefits which the teacher will receive), during the subsistence of the contract of service. But such payment will be by way of a loan and will be conditional on the teacher making a claim for compensation to the Criminal Injuries Compensation Authority. The loan will be repayable to the governors if the teacher receives compensation in full for loss of salary from the CICA.

Repayment will be required of salary only, and not of any other damages awarded to the teacher by the CICA.

9.1.22 Applications to the CICA should be made in writing as soon as possible after the event and on an application form which is obtainable from:

Criminal Injuries Compensation AuthorityTay House300 Bath StreetGlasgowG2 4LNTelephone 0141 3312726


9.2 MATERNITY,PATERNITY/NOMINATEDCARER,ADOPTION, ADOPTIVE PATERNITY and PARENTAL LEAVE

1.1 MATERNITY LEAVE AND PAY

1.1.1 Eligibility

1.1.1.1 All female teachers are entitled to remain absent on maternity leave for a period of up to 52 weeks.

1.1.2 Notification of your Maternity Leave

1.1.2.1 You must notify your Headteacher or line manager in writing that: You are pregnant, You plan to be absent on maternity leave, and The date you plan to start maternity leave Whether you plan to return to work.

This must be done at least 21 days before you plan to commence your leave. You must also provide a MatB1 certificate to the Human Resources section as soon as it is available from your midwife or registered medical practitioner, this is usually at around 6 months pregnancy. The notice must be provided by the end of the 15th week before the expected week of birth.

1.1.2.2 Within 28 days of receipt of the initial notification the employing authority will write to the employee stating the expected date of return from maternity leave.

It is the responsibility of the school/departmental management to review the written risk assessment when the teacher has notified that she is pregnant.

The school/department have a responsibility to provide time off for visits to ante natal clinics, the teacher should provide evidence of


the appointment.

1.1.3 Commencement of Maternity Leave

1.1.3.1 You can start maternity leave any time from 11 weeks before the Expected Week of Childbirth, the latest date being the day after your baby is born.

1.1.3.2 Should you be ill partly or wholly due to your pregnancy after the beginning of the 4th week before the expected week of childbirth your maternity will automatically commence.

1.1.3.3 Should your baby be born before you have commenced your maternity leave, your maternity leave will commence on the day after the birth of your child.

1.1.3.4 There is a legal period of compulsory leave for 2 weeks after the birth of your child.

1.1.4 Maternity Pay

1.1.4.1 Maternity pay comprises Statutory Maternity Pay (SMP) and Occupational Maternity Pay (OMP). The qualifying dates are:

SMP – the end of the 15th week before the expected week of childbirth (this is referred to as the “qualifying week”)

OMP – beginning of the 11th week before the expected week of childbirth.

1.1.4.2 Maternity pay for teachers who have at least 26 weeks continuous service with Bradford Council by the end of the qualifying week and at least 1 year’s continuous service at the beginning of the 11th week before the EWC will qualify for the following maternity pay:

First 4 weeks of absence Full payNext 2 weeks 90% of a week’s payNext 12 weeks Half pay plus SMPNext 21 weeks SMPNext 13 weeks No pay

1.1.4.3 Teachers with at least one year’s continuous service at the beginning of the 11th week before the EWC but less than 26 weeks with Bradford Council by the end of the qualifying week will be entitled to occupational maternity pay but not statutory maternity pay. Dependent upon their national insurance contributions record they may be entitled to state maternity allowance.

First 4 weeks of absence Full pay (inclusive of Maternity Allowance if eligible)


Next 2 weeks 90% of a week’s pay (including Maternity Allowance if eligible)

Next 12 weeks Half pay plus SMP or Maternity Allowance if eligible)

Next 21 weeks Maternity Allowance if eligible

1.1.4.4 Teachers with at least 26 weeks continuous employment with Bradford Council but less than 1 year’s continuous service at the beginning of the 11th week before the EWC will receive statutory maternity pay but not occupational maternity pay.

First 6 weeks Higher rate SMPNext 33 weeks Lower rate SMP

1.1.4.5 Teachers with less than 26 weeks continuous employment with Bradford Council by the end of the qualifying week and less than 1 year’s continuous service at the beginning of the 11th week before the EWC do not qualify for either statutory maternity pay or occupational half pay maternity pay. Maternity Allowance may be available dependent upon their national insurance contributions record.

1.1.4.6 Payment of salary to the teacher in accordance with paragraph 1.4.1 shall be made on the condition that she will be available for full-time or equivalent part-time work for a period of at least 13 weeks from the date of return to her job, this includes periods of school holidays. Should the teacher not be available she shall refund the sum that the employing LEA at their discretion shall decide. A woman with at least two years’ continuous service as a teacher will be entitled to retain the first six weeks’ payment.

1.1.4.7 For teachers who have been on a fixed term contract, their entitlement to benefits will depend on the termination date. Should a teacher’s fixed term contract expiry date occur during her period of maternity leave, the school/departmental management must comply with the normal fixed term contract termination process.

1.1.5 Keeping in Touch (KIT) Days

1.1.5.1 A teacher can undertake 10 days’ work during her maternity leave without bringing her maternity leave period to an end.

1.1.5.2 Work is defined as any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace. (Note, paragraph 1.3.4 above).

1.1.5.3 Working for any part of a day will count as one day towards the 10 N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

KIT days.

1.1.5.4 The employer cannot insist that an employee carries out any work and the teacher is protected from suffering a detriment or being dismissed for refusing to do so.

1.1.5.5 A teacher cannot insist on being given any work to do.

1.1.5.6 A teacher still qualifies for SMP on up to 10 KIT days. The pay for undertaking “work” on a KIT day will be the normal apportionment of the teacher’s salary to the time actually “worked” on each day, subject to salary payments, occupational maternity pay and statutory maternity payments not exceeding a normal day’s pay. In such cases SMP will be offset against the pay due.

1.1.5.7 A Headteacher/line manager and a teacher are allowed to make reasonable contact during maternity leave to discuss such things as the provision of information/updates on school activities. The arrangement for contact should be agreed before the teacher commences her maternity leave. This contact will normally be minimal and should neither be excessive or intrusive. This does not constitute “work” and would not count towards the KIT 10 day period.

1.1.5.8 Work cannot be carried out in the first 2 weeks (ie compulsory maternity leave period) following the birth of the child.

1.1.6 Return to Work

1.1.6.1 Subject to 1.1.6.2 the teacher is entitled to return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent. "Job", for this purpose, means the nature of the work which she is employed to do and the capacity and place in which she is so employed.Teachers are entitled to request to work on a part-time or job share basis. Existing part-time teachers may request to return to work on a different part-time basis.

1.1.6.2 Where it is not practicable by reason of redundancy for the teacher to return to work in her job as defined in 1.1.6.1 above the teacher shall be entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to her and appropriate to the circumstances, and that the capacity and place in which she is to be employed and her terms and conditions of employment are not substantially less favourable to her than if she had been able to return to the job in which she was originally employed.


1.1.6.3 At the end of your maternity leave entitlement if you take the full year’s maternity leave you do not have to give any further notification that you will be returning to work provided you return on the date notified by your employer.

1.1.6.4 If you wish to return before the end of your maternity leave period (as notified) you must give your Headteacher at least 21 days’ notice in writing. If you do not do this the Headteacher can delay your return until 21 days’ notice has been received, or until the end of your maternity leave period (as notified) if that is earlier than 21 days.NB For teachers who have not completed 1 year’s continuous service by the beginning of the 11th week before the EWC, you must give your Headteacher at least 8 weeks’ notice in writing that you wish to return before the end of your leave (as notified). If you do not do this, the Headteacher can delay your return until 8 week’s notice has been received, or until the end of your maternity leave period (as notified) if that is earlier than 8 weeks.

1.1.6.5 If you decide not to return to work you must give your contractual notice to the school.

1.6.6.6 Where a teacher is unable to return to work at the end of her period of maternity leave due to sickness, she will be entitled to the provisions of the occupational and statutory sick pay schemes.

1.1.7 Rubella

1.1.7.1 If in the early months of pregnancy you are advised by an approved medical practitioner to absent yourself from school because of the risk of rubella you will be granted full pay provided you comply with paragraph 11.1 of the Burgundy Book.

1.1.8 Miscarriage

1.1.8.1 Absence due to miscarriage prior to 24 weeks of pregnancy shall be treated as sickness absence provided it is covered by a doctor’s certificate.

1.1.9 Stillbirth

1.1.9.1 In the tragic circumstances of stillbirth, which is defined as occurring after 24 weeks of pregnancy or of neonatal death, you will be entitled to the same maternity leave and pay as if the pregnancy had reached full term. The return to work notification remains unchanged, ie 21 days’ notice of your intended return to work.


1.1.10 Maternity Pay

1.1.10.1 Statutory Maternity Pay (SMP)

1.1.10.1.1 For teachers who meet the NI criteria a teacher is entitled to 39 weeks SMP. The first 6 weeks will be paid at 90% of average weekly earnings and the remainder at the lower statutory level.

1.1.11 Occupational Maternity Pay

1.1.11.1 For the first 4 weeks absence the teacher will receive full pay, offset against all payment made for SMP or Maternity Allowance or additional benefits or earnings-related supplement and/or of increased maternity allowance attributable to dependents provided that the total weekly payment shall not be less than 9/10ths of a week’s salary reduced only by flat rate maternity allowance.

1.1.11.2 For the next 2 weeks 9/10ths of a week’s pay offset against all payment made for either SMP or Maternity Allowance.

1.1.11.3 For the remainder of the 18 week period of absence, half pay without deduction of maternity allowance except to the extent to which the combined pay and allowance may exceed full pay.

1.1.11.4 The full weekly NI maternity allowance shall be deducted from pay as in sub-paragraphs 1.1.4.2 above, whether or not the teacher is entitled, by reason of NI contribution to that full weekly allowance, provided that no teacher shall receive less than an amount equivalent to that which she is entitled in accordance with the statutory provisions.

1.1.11.5 No part of the above period of absence with pay shall be treated as sick leave.

1.2 PATERNITY/NOMINATED CARER’S LEAVE AND PAY

1.2.1 Scope

1.2.1.1 The provisions also apply whether the teacher’s service is full-time or part-time (irrespective of the number of hours) or is permanent or temporary, subject to the conditions of this scheme being met. Teachers have potentially two schemes available; ie the provision of the Council’s local contractual Paternity Leave/Nominated Carers Leave Scheme and their legal rights under the Statutory Paternity Scheme. These two schemes run in tandem and if eligible for both, then the teacher can choose whichever right from either scheme is the most favourable to him/her. In most cases the


provisions of the Council’s contractual scheme will be more beneficial.

1.2.2 Eligibility

1.2.2.1 Contractual SchemeThe teacher must have completed one year's continuous local government service at the beginning of the 11th week before the expected week of childbirth. Requests for time off can be made from the 11th week before the EWC. Requests for time off can be from husbands or partners (male or female) as well as from employees (male or female) who are acting as the “prime or nominated carer” for the mother/child.

If a teacher expects to have one year’s continuous local government service at the beginning of the 11th week before the expected week of childbirth she may request to take leave before the 11th week to attend ante natal class.

If a teacher, who is expected to meet the above criterion, has taken some paternity/nominated carer’s leave but then leaves the Council’s employment before the beginning of the 11th week and, at the date of leaving, has less than one year’s continuous local government service then the teacher will be required to repay to the Council the cost of the paternity/nominated carer’s pay received.

1.2.2.2 Statutory SchemeThe teacher must have 26 weeks’ continuous service with the Council ending with the 15th week before the expected week of childbirth. They should have or expect to have responsibility for the child’s upbringing and be the biological father or be the mother’s husband or partner (male or female). Teachers eligible for the statutory scheme have the right to choose to take one or two consecutive weeks (not odd days) leave at or after the birth or the EWC. This leave must be taken within 8 weeks of the birth (or if a premature birth, up to 8 weeks after the first day of the EWC). The teacher may be eligible for Statutory Paternity Pay in which case the amount of any contractual payment being made for that period of absence will be reduced by the amount of the Statutory Paternity Payment.

1.2.3 Entitlement

1.2.3.1 The entitlement is an allowance of up to two working weeks' leave of absence with pay.

Paternity/nominated carer’s leave may be taken at any time during


the pregnancy and up to three months after childbirth, including attendance at the childbirth.

The leave can be taken as circumstances dictate, either as a block of two weeks or in days. The timing of the leave is at the teacher’s own selection but a request should be made to management who must give sympathetic consideration and leave will normally be granted. As much notice as is possible should be given to management to allow for operational needs but in some cases leave might be taken at short notice, although the teacher should maintain contact with his manager.

For example, a part-time teacher working three days per week would be entitled to six working days absence whereas a teacher working five days per week would be entitled to ten working days absence.

1.2.4 Evidence

1.2.4.1 The teacher must provide written evidence from either doctor or a hospital record card that:

His/her partner's pregnancy exists Shows the expected date of confinement

The teacher must live at the same address as his/her partner.

1.2.5 Implementation

1.2.5.1 The provisions of this Scheme will apply to employees whose partner has a confirmed pregnancy on or after 20 October 1986, i.e. the Scheme will apply if the birth occurred on or after that date.

1.3 ADOPTION LEAVE AND PAY

1.3.1 Scope

1.3.1.1 The adoptive leave facilities will normally apply to women teachers. Male teachers who are married/living with non-Council employees will instead have applied the paternity leave entitlements and conditions as amended below.

The teacher will be subject to all other entitlements and conditions of their appropriate maternity scheme, including the obligation to return to work for a minimum of three months in order to retain the adoptive leave pay.

In cases where both parents are employed by the Council, and


assuming that both employees are eligible, the total leave entitlement (ie the post confinement leave aggregated with the two working weeks adoptive paternity leave) can be combined and shared between the two employees at their discretion.

In recognition of the fact that single men may adopt children, the provisions for adoption leave will apply also to single male employees of the Council.

1.3.1.2 Amount of Leave and Period in which it is taken ii

1.3.1.3 A teacher adopting a child is to be allowed comparable leave and pay arrangements as applies to natural mothers.

Accordingly a teacher who satisfies the full criteria and conditions of the Teachers Maternity Scheme specific to his/her negotiating body, will be entitled to:

Adoption Leave Entitlement

a) All teachers are entitled to ordinary adoption leave of 26 weeks duration.

b) Teachers who have 26 weeks’ continuous service ending with the week in which they are notified of being matched with a child for adoption are entitled to a further 26 weeks of additional adoption leave, a total of 52 weeks adoption leave.

c) Both ordinary and additional adoption leave is to be taken in one block within a twelve-month period from the date of placement unless otherwise agreed with school/department Management.

d) Be subject to all other entitlements and conditions of their appropriate Maternity Scheme.

1.3.1.4 Adoption Pay

1.3.4.1.1 Payments for teachers who have less than 1 years’ continuous service at the beginning of the 11th week before the week of the baby/child’s placement shall be the employee’s entitlement to Statutory Adoption Pay (SAP).

Payments for teachers who have completed 1 years continuous service at the beginning of the 11th week before the week of the baby/child’s placement shall be as follows:

For the first 6 weeks of absence teachers shall be entitled to nine-tenths of a weeks pay offset against payments made by way of


SAP.

(ii) A teacher who declares in writing that he/she intends to return to work will for the subsequent 12 weeks receive half a weeks pay without deduction except by the extent to which the combined pay and SAP exceeds full pay. Alternatively the equivalent amount (i.e. 6 weeks pay) may be paid on any other mutually agreed distribution.

(iii) For teachers not intending to return to work the teacher will receive one week’s half pay without deduction except by the extent to which the combined pay and SAP exceeds full pay. Payments during the subsequent 20 weeks shall be the employee’s entitlement to SAP.

Be subject to all other entitlements and conditions of their appropriate Maternity Scheme, including the obligation to return to local authority employment for a period of at least three months in order to retain the 12 weeks half pay.

1.3.5 Adoptive Paternity Leave

1.3.5.1 Normally, the paternity leave provisions set out in paragraph A above will apply to adoptive fathers subject to:

(a) The one year's continuous local government service being calculated at the beginning of the eleventh week before the week of the baby/child's placement

(b) The paternity leave allowance of two working weeks being taken anytime within a three-month period from placement.

1.3.6 Adoption Leave Where Both Parents are Employed by the Council iv

1.3.6.1 In cases where both adoptive parents are employed by the Council, and assuming that both teachers are eligible, the total leave entitlement (i.e. the adoption leave aggregated with the two working weeks' adoptive paternity leave) can be combined and shared between the two teachers at their discretion.

1.3.6.2 Where both parents are in a civil partnership, the partners will decide who will take the maternity and paternity leave entitlement.

1.3.7 Fostering/Adoption Procedures iii

1.3.7.1 It is normal, current practice for prospective adoptive parents to foster with a view to adoption, particularly where the child is not a


newborn baby. In respect of introductions to the child where there is an intention to adopt, then requests for time off should be sympathetically considered and leave with pay can be granted by the appropriate Headteacher or Assistant Director. In these situations, the absence is likely to be only for a number of hours at any one time, not days or weeks and such absence is not to be off-set against the entitlement to adoption leave or adoptive paternity leave.

1.3.8 Implementation Date v

1.3.8.1 The provisions of this Scheme will apply to teachers where the placement of the baby/child is on or after 01 April 2007.

1.4 Parental Leave In addition to the right to take maternity, paternity and adoption leave, teachers are entitled to take statutory unpaid parental leave as outlined below.

1.4.1 Entitlement. 1.4.1.1 Parental leave comprises a maximum of 13 weeks which must be

taken before your child’s 5th birthday or the 5th anniversary of the child’s adoption.

1.4.1.2 The leave is in respect of each child for whom the employee has parental responsibility. For example, parents of triplets are entitled to 39 weeks (if they can afford to take the time off without payment).

1.4.1.3 No more than four weeks parental leave can be taken in any one year.

1.4.1.4 The leave may only be taken in whole weeks (or part-time weeks) for teachers employed on part-time contracts.

1.4.1.5 NoticeThe teacher must provide 21days notice of the intention to take leave, and of when the leave begins and ends.

12 July 2007

9.3 Other Circumstances

There may be occasions where the conditions for obtaining paternity or adoption leave as set out in the Scheme are not


met but where the employee is nevertheless the “prime or nominated carer” in either a pregnancy or adoption situation.In these situations, the intention of the Agreement is to provide scope for discretionary leave where employees do not fulfill the criteria for paternity/adoption leave.

Accordingly, in these circumstances it is in order for the employee to seek discretionary leave from the Governing Body.

9.4 Leave for Examinations

Subject to the approval of the Headteacher, leave of absence shall be granted to teachers undertaking duties – eg acting as a moderator – in relation to public examinations (GCSE or other approved public examinations). Any fees, expenses or earnings from these duties shall not be deducted from salary.

9.5 Leave for Jury and Other Public Service:

9.5.1 Public Duties:

Six public duties are recognised for this provision of the General Scheme. They are:(i) A Justice of the Peace(ii) A member of a local authority(iii) A member of any statutory tribunal(iv) A member of a Regional Health Authority or Area

Health Authority.(v) A member of the Governing Body of an educational

establishment maintained by a local Education Authority. This includes voluntary aided schools.

(vi) A member of a Water Authority.

A teacher in receipt of attendance allowance will be granted leave without pay but in cases where the allowance is less than normal pay the balance will be payable by this authority.

9.5.2 Time Off for Public Duties

The maximum amount of time off permitted for public duties is 20 days (40 half days) per school year except at the discretion of the Council. Normally, a teacher will not be allowed to take more time off than one day per week.Wherever possible, the teacher should enter into a regular commitment for the public duty, so as to minimise the disruption to the school.


Applications for such time off normally shall be made in writing to the Headteacher (the Authority in case of a Headteacher) who should grant time off up to the maximum, subject only to the exigencies of the service.

9.5.3 Leave for Jury Service:

A teacher receiving a summons to serve on a jury must report the fact to the Headteacher (or in the case of a Headteacher, to the appropriate Governors) who shall grant him/her leave of absence as necessary unless exemption is secured.

A teacher serving as a juror shall claim the allowance for loss of earnings to which he/she is entitled under the Juror Allowances Regulations currently in force. The Governors shall then deduct from the teacher’s full pay an amount equal to the allowance received.NOTE: Under the Superannuation Regulations, during the

first 30 days’ absence contributions are payable based on full pay, but after 30 days’ absence no superannuation contributions are payable, and the service thereafter does not reckon for superannuation benefits, unless the teacher elected to continue paying contributions based on full pay. TEACHERS ARE STRONGLY ADVISED TO ELECT TO CONTINUE TO PAY SUPERANNUATION CONTRIBUTIONS BASED ON THEIR FULL PAY TO SAFEGUARD THEIR PENSION ENTITLEMENT.

9.6 Leave for Accredited Representatives of Recognised Teachers’ Organisations:

The facilities for Representatives Agreement is given in full in Appendix 3.

9.7 Leave for Other Purposes

The following scheme covers leave for other purposes.

9.7.1 Applications for Leave

Applications for leave of absence for teachers normally shall be submitted in writing to the Headteacher for approval.


Applications for leave of absence for Headteachers shall be submitted in writing for the approval of the Governors. In cases of extreme necessity where a teacher is compelled to absent himself/herself without having obtained prior consent, the teacher/Headteacher must notify the Headteacher/Chairman of Governors as appropriate at the earliest available opportunity and confirm in writing as soon as possible.

9.7.2 Entitlement

There is no entitlement to leave except during school closure periods. Leave will normally be granted in accordance with the attached Schedule.

9.7.3 Deduction of Salary

Where leave of absence without pay is granted, the following conditions shall apply:

(a) Where a teacher is absent from work for a period of less than one calendar month by virtue of a prior grant of unpaid leave of absence or in circumstances where, in the opinion of the governors, it was not reasonably practicable to attend school and deductions are justified, deductions shall be made at the rate of 1/365th of the annual salary for each school day of absence or the appropriate proportion of that fraction in respect of part-day absences.

(b) Where a teacher is absent from work in the circumstances described in paragraph (a) above for a period of one calendar month or more but less than a term, deductions shall be made at the rate of 1/12th of the annual salary for each complete month of absence and further at the rate of 1/365th of the annual salary for each school day of absence in excess of a complete calendar month but less than a term.

(c) Where a teacher is absent from work in the circumstances described in paragraph (a) above for a period of one term or more, deductions shall be made at the rate of 1/3rd of the annual salary for each term and for the balance of the period of absence in accordance with paragraph (b) and (a) above.

(d) Where a teacher is absent from work without pay in circumstances not covered by section (a) (b) (c) above eg strike action, any deduction from pay shall be made at 1/365th of annual salary for each day commencing


with the first day of absence and ending when the teacher returns to work. Deductions in respect of part-day absences shall be by calculation of the appropriate proportion of the deduction for a full day’s absence.

(e) Where leave of absence with pay is granted for any purpose other than to act as an examiner for approved examinations, any fees or earnings which may be received may be deducted from the teacher’s salary.

9.7.4 Special Circumstances:

There are a number of other circumstances of a personal, general or official nature which cannot be detailed in a scheme such as this. Leave of absence in such case may only be taken with the permission of the Governors. The Governors will decide whether the leave will be with or without pay. A teacher making a request for leave of absence under this heading must inform the Headteacher of his/her request and give details of the time off required, but the teacher is not obliged to inform the Headteacher of the reasons for making the request.

9.7.5 Appeals

The right of appeal will extend to all parts of this Scheme. Appeals against the decision of a Headteacher shall be made in writing to the LEA within 20 working days of the decision being made. Appeals against the decision of the Council shall be made to the appropriate officer.

SCHEDULE

Reason for Absence Maximum Period of Where with orAbsence (school days) Without pay

1. Death of member 2 days (with extra With payof immediate family Travelling time of up

to 3 days if necessary)Remainder Without pay

2. Wedding of member 1 day With payof immediate family*wedding of member of 1 day Without


family (other than immediate) pay

3. Holiday of Wife 10 days Without Husband or Child pay

4. Jury Service (SEE 9.5.3.)

5. Attendance atInterviews:(a) Posts connected The Council to With pay

with education retain discretion

(b) College or Up to two colleges With payUniversity (max of 3 days in

total)

(c) Others As necessary Without pay

6. Attendance at As necessary With payMeetings of Examiner forGCSE or other approvedExaminations

7. Attendance at As necessary With payCourses (and forexamination studyand for examination)approved by the Council.

8. Other examination A approved by the With orleave and study Council on the without(not directly related to the recommendation of the payTeacher’s job) Headteacher

9. Attendance at Up to 5 days With payannual camp asvolunteer member ofTAVR and the like Remainder Without paywhere this is clearlyunavoidable.

10. Attendance at Up to 3 days per year With paya religious ceremonyor observation ofReligious Festival whichthe Teacher is under


moral obligation toattend or observe byreason of his/hermembership of, oroffice in, a Church orReligious order.

11. Removal of Home

(a) Teacher joining 1 day and up to a With pay this Authority further 2 days for travelling

at the discretion ofthe Headteacher.

(b) Teacher moving 1 day With pay house within the district

12. Representatives of (see Appendix 3)Trade Unions attendingAnnual Conferences andtaking part in formalconsultations withRepresentatives of thisAuthority or at Nationalor Provincial level.

13. Illness of member 2 days With payof immediate family

14. Hospital attendanceSelf 1 day With payImmediate family with 1 day With paythe exception of grand-parents and grand-children.

15. Attendance at 1 day With payUniversity GraduationCeremony etc. whereself or member of immediate family isreceiving a Degree,Diploma or Certificate.

16. Other urgent or private Up to 1 day Withoutfamily business pay


17. Attendance of husband Up to 2 days With payat birth of his child at discretion of

Headteacher.

(NB This is only applicable to a teacher who does notqualify for 10 days paternity leave. See para 9.3)NB For the purpose of this scheme “immediate family”Shall include:-

Wife Father Mother-in-law PartnerHusband Brother Father-in-law StepfatherSon Sister Grandmother StepmotherDaughter Guardian Grandfather StepbrotherMother Ward Grandchild Stepsister

Stepchildren

* Immediate family does not include:

Self GrandparentsParents-in-law Grandchildren

Paragraph 10 MEDICAL EXAMINATIONS: SUSPENSION OF TEACHERS ON MEDICAL GROUNDS

10.1 In pursuance of powers under The Education Reform Act 1988 and The Education (Health Standards) (England) Regulations 2003, the Secretary of State for the DCSF lays down from time to time certain procedures for the screening of entrants for the teaching profession and for the suspension of teachers on medical grounds.


http://www.opsi.gov.uk/si/si2003/20033139.htm


These procedures are currently described in the 2007 DCSF Guidance on the Regulations which is set out in Appendix 2 of this Scheme.

Paragraph 11 CONDITIONS OF SERVICE (School Teachers Pay and Conditions Document)

The conditions of employment of all school teachers, including Headteachers, Deputy Headteachers, Assistant Headteachers, Advanced SkillsTeachers and Excellent Teachers, is in accordance with the provisions of the current School Teacher’s Pay and Conditions Document.


Paragraph 12 INSURANCE FOR TEACHERSLOSS OR DAMAGE TO PERSONAL PROPERTY

12.1 Teachers shall be entitled to such compensation for losses or damages to personal property sustained during the course of their duties at school or during approved out-of-school activities as may be provided by the Council in pursuance of the national recommendations set out as follows:-


(1) Loss of or Damage to Personal Property (Dated 1967) From time to time teachers sustain losses of or damage to personal property during the course of their duties at school or during out-of-school activities. It is considered that where the loss or damage is not attributable to negligence on the part of the teacher it would be reasonable for the authority to consider making compensation even though its legal liability is arguable. If an authority takes out insurance against such contingencies the normal basis for settlement would be the amount offered by the insurance company. Where, however, an authority does not insure, the normal practice would be for the authority to make an ex-gratia payment. It would not necessarily follow that the amount of specific payment would be the cost of the replacement of the property concerned. For example, in the case of damage to clothing, account would need to be taken of the age and condition of the clothing as would be the case if an application was being assessed by an insurance Company. The circumstances will obviously differ widely from one case to another and it is obviously not practicable to devise a scheme which would cover all cases. The general approach suggested is that applications should be considered in a sympathetic light. At the same time, the authority should bear in mind the fact that compensation should only be a reflection of the current value for the article lost or damaged. It is not intended that in all cases the full cost of replacement should be paid.

(2) Teachers on “Out-of-School” activities (Dated 1973)

(a) The undertaking in the model resolution applies in respect of an activity which takes place out of school provided it is still a school activity. By implication, the activity must be an approved activity in the general sense that it would be authorised and recognised by the LEA and the Headteacher as a proper activity in which the LEA or school may be a participant. It is also the nature of the activity and the link with the LEA school which is the deciding factor, and not the objectives and nature of the organisation responsible for the activity. Nevertheless, provided that the activity involves the supervision or control of school children, it is not essential that a pupil from the teacher’s own school or a school in the area of his/her LEA should be actually taking part in the activity at the time when the liability is incurred. If the activity is initiated by a regional or national organisation, affiliation with that organisation will normally establish that there is a link between the school and participation in the activity. The


link may therefore be an indirect one in the sense that the activity can be traced back to the school which may have been an original participant or entitled to participate (eg in a competition or tournament). Nevertheless in exceptional circumstances a teacher may be invited by a regional or national organisation to act on its behalf in an activity which has no connection whatever with schools in the teacher’s own authority. Where in such circumstances a teacher is acting on his/her own volition quite independently of his/her school or LEA, and is engaged primarily on behalf of the organisation sponsoring the activity, the responsibility for insurance (if any) should be that of the organisation and not of the teacher’s own LEA.

(b) Motor Vehicle Contingency Indemnity

An indemnity against any legal liability for third party claims in respect of personal injury and/or damage to property arising out of the use of motor vehicles owned and driven by a teacher in the employment of the Council. The insurance only operates where the teacher’s own insurance is insufficient for the purpose. There is no cover in respect of accidental damage to the teacher’s car, although the insurance is intended to include a loss of no claims bonus extension up to £50 for any one claim.

SECTION A

THE INDEMNITY

If any employee (full or part time) sustains bodily injury by violent accidental external and visible means as a result of which death or disablement occurs within twenty four months of sustaining such injury and independently of any other cause then provided the injury is sustained during the actual discharge of official duty or as a direct consequence of the position held in the Council the benefits referred to in Section F shall apply.

SECTION B

SPECIAL CONDITIONS:1. It is a condition precedent to any payment under the scheme that the

employee or his or her representatives shall at his or her or their own expense take all reasonable steps to obtain damages either wholly or in part from any third party (other than the Council or Manager/Governors of aided schools) responsible for the injuries, or, from the Criminal Injuries Compensation Board, the Motor Insurers Bureau or such other Authority, Body or Person which deals with claims for compensation.

2. The Council shall in their absolute discretion require the whole or any part of any payment made under this scheme to be repaid in circumstances where:-


(a) The Council, other Authority, Body or Person shall be legally liable for or shall actually make a payment in respect of negligence or breach of statutory duty whether or not such payment is expressed to be ex-gratia or with a denial of liability.

(b) Compensation is obtainable or has been obtained from the Criminal Injuries Compensation Board, the Motor Insurers Bureau or such other Authority, Body or Person which deals with claims for compensation.

For the avoidance of doubt, if the Council shall be legally liable for or shall actually make a payment in respect of negligence or breach of statutory duty whether or not such a payment is expressed to be ex-gratia or with a denial of liability the Council shall be entitled to take into account money already paid to the employee under this Personal Accident Insurance Scheme.

3. The Council shall in their absolute discretion withhold the whole or any part of any payment under the scheme when the injury sustained is mainly due to or seriously aggravated by the employee’s own gross misconduct.

4. In the event of any employee dying as a result of an injury sustained during the actual discharge of official duty and specifically attributable to the nature of such duty or as a direct consequence of the position held in the Council, compensation will be paid to the deceased’s estate.

SECTION C

DEFINITIONS:

1 The term all employees shall include:

(a) Teachers or other persons employed by the Governors or Managers of voluntary aided schools provided that when the injury is sustained the employee shall have been engaged directly in work for which the Council has a legal responsibility to meet the cost of salaries or wages in respect thereof in accordance with the provisions of the education Act 1944.

(b) Persons employed by the Magistrates Courts Committee provided that when the injury is sustained the person shall have been engaged directly in work for which the Council has a legal responsibility to meet the cost of salaries or wages in respect thereof.

(c) Persons employed by the Council under Authorised Government Schemes.

2 Where the injury sustained for which compensation is payable under the scheme arises out of violent or criminal assault then for the purpose of the scheme the word “assault” shall include attack by animals, explosion or whilst searching for explosives on behalf of the Council, or whilst voluntarily assisting the Council in attempting to reduce the extent and severity of any


fire which may occur on Council premises or those premises of voluntary schools in respect of which the Council has maintenance responsibilities.

SECTION D

EXTENSIONS:

1 This scheme shall apply to any teacher employed in a school or other educational establishment maintained by the Council who suffers injuries (fatal or otherwise) whilst voluntarily participating in any school activity approved by the Council which is complementary to but outside the scope of his or her contract of service with the Council or with the Managers/Governors of voluntary aided schools.

2 Subject to the employee’s own insurance arrangements being inadequate the Council will indemnify employees in respect of loss, destruction or damage of or to clothing and/or personal effects where such loss, destruction or damage arises as a result of assault within the meaning of the scheme.

SECTION E

EFFECTIVE DATES, ANNUAL PREMIUMS, CAPITAL/SUM

£32,268 1 APR 90

SECTION F

SCALE OF COMPENSATION:

ITEM AMOUNT PAYABLE

The undermentionedpercentage of the capital sum.

1 Death, total and irrecoverable lossof all sight in one or both eyes, total loss by physical severance orcomplete loss of use of one or bothhands or feet at or above wrist orankle, occurring within 24 months of sustaining bodily injury withinthe meaning of this policy. 200%

2 Permanent total and absolute disablement (other than as stated in Item 1) from engaging in or giving attention to any professionor occupations of any kind. 200%


3 Permanent partial disablement (not otherwise provided for above) the percentage of the capital sum set against thedegree of disablement in thefollowing table:

(a) Total loss of hearing in both ears 40%

(b) Total loss hearing in one ear 10%

(c) Complete loss of use of hip or kneeor ankle 20%

(d) Removal of the lower jaw by surgicaloperation 30%

(e) Fractured leg or foot with established non-union 25%

(f) Fractured knee cap with establishednon-union 20%

(g) Shortening of leg by at least 3centimetres 15%

(h) Facial disfigurement in the area aboveand including the lower jaw bone and below the normal hair line including theears 5%

(i) Loss by amputation or complete loss of useof:

Right Left(i) One thumb 20% 17.5%(ii) One index finger 15% 12.5%(iii) Any other finger 10% 10%(iv) One big toe 10% 10%(v) Any other toe 3% 3%

(j) Complete loss of use of shoulder or elbow 25% 20%

(k) Complete loss of use of wrist 20% 15%

Memoranda1 The benefits under (i), (j) and (k) shall be reversed in the case of a left-

handed person.2 In the case of other permanent partial disablement not specified in Item 3 the

amount payable shall be such percentage of the capital sum as set out in N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

Section E as is commensurate with the degree of permanent partial disablement when compared with the degree of disablement specified in Item 3.

(i) The term all employees shall include:i) Teachers or other persons employed by the governors or managers of

voluntary aided schools, provided that when the injury is sustained the employee shall have been engaged directly in work for which the Council had a legal responsibility to meet the cost of salaries or wages in respect thereof, in accordance with the provisions of the Education Act 1944.

Paragraph 13 TRAVELLING ALLOWANCES FOR TEACHERSN:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

The Conditions of Service already agreed between the Authority and the Teachers Association/Unions relating to travel allowances state that:-

“Where a teacher undertakes journeys with the approval of the Headteacher, for purposes recognised by the Authority and in connection with In School or Out of School Activities the Authority will reimburse the cost of these journeys”.

It is normally expected that such journeys will be made on public transport in which case the actual expenditure will be reimbursed.

In cases where the Headteacher considers that it is desirable that the teacher should use his/her car, the mileage allowance shall be paid as follows:-

1 Approved journeys to be reimbursed as per NJC rates for APT & C staffs.

(1) Attendance of Heads, Teacher/Governors (and other teachers invited to attend) at Governing Body meetings.

(2) Visits to answer burglar alarms/emergency service calls.

(3) Visits to and from feeder schools and children’s homes for liaison purposes.

(4) Visits to Teachers’ Centres for curriculum meetings, working parties.

* Meetings referred to are those authorised by Inspectors/School Officers/Special Services Officers.

(5) Attendance of authorised representatives at meetings called by the Authority/or jointly at request of Teachers’ Organisation. (These expenses to be paid by LEA from Central funds).

(6) Transport of children/staff to hospital/home/clinics.

(7) Attendance at examination centres other than schools.

(8) Travel between schools and annexes (not hostels).

(9) Visits to Authority Centres for case conferences.

(10) Transport of official visitors.

(11) Visits to Banks to deposit or collect Authority monies or on Authority business.

RATES APPLICABLE FROM 1st APRIL 2007 451 cc to 999 cc = 40.5p1000 cc to 1199 cc = 44.2p1200 cc to 1450 cc = 55.8pN:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

The above rates will not be paid for any journey undertaken outside the District of the Bradford and Metropolitan Council. For these journeys the equivalent rail fare will be reimbursed, unless car allowance rate can be justified on the grounds that:-

1. The relative costs of car to public transport are favourable and/or

2. Other passengers are being carried and/or

3. The journey is from home to school

2 Approved journeys to be reimbursed at locally agreed rates of 30.3 per mile (as at 1/4/91)

(1) Visits to book centre (Wakefield) and other joint services

(2) Parents evenings

(3) Pastoral visits to pupils’ homes

(4) Sports Fixtures

(5) Visits to schools as part of In-Service training on non-contact days

(6) Work experience supervision

There will be many other journeys of a similar nature to reimbursed. If Heads need guidance on a particular journey they should consult the Personnel Unit.

TRAVEL AND MEAL ALLOWANCESTeachers are entitled to a travel allowance on either 30.3p per mile if a private car is used, or the expenditure incurred on public transport, if they have to attend evening meetings.If teachers would prefer to stay on or near the school premises rather than return home between the end of the school day and the meeting, they should be paid either the travel allowance at the agreed rate, the expenditure incurred by using public transport or a meal allowance of £5.62 according to the table below.

Teachers Home to School Distance Claim Entitlement

Less than 10 miles (20 miles return Travel by private orjourney) public transport

10 – 20 miles (20-40 miles return Meal allowance of £5.62journey) (as at 1.4.91.) or

Travel by private orPublic transport


Over 20 miles )over 40 miles return Meal allowance of £5.62journey)

There may be circumstances in which some members of staff have to return home, for example, to care for young children. In these situations the limit on the travel/public transport expenditure allowance does not apply.

13.2 Transfer and Excess Travel Allowances:

Where the Council requires a teacher to move from one school to another because the location of the school is changed, the teacher is entitled to claim excess travel allowances.

Excess travel allowance is defined as the difference in cost between the distance travelled from home to the new location and home to the previous location.

The allowance is payable for 4 years, subject to the following conditions:

1 When the post is designed an Essential Car User or Casual Class 1 post, the allowance is paid at the rates applicable to Non-Manual Workers (these rates are those of the NJC for APT & C staffs).

2 In all other cases, the allowance is paid at 2nd class rail/bus fares, except that no claim of less than 75p* per week will be met. Where public transport is not available, the national public transport rate may be paid.

* 75p is based on the rate for APT & C staff and will be adjusted to any change in that rate.


Paragraph 14 SUPERANNUATION

All full-time teachers entering teaching service for the first time automatically become members of the Teachers’ Superannuation Scheme and must then pay the appropriate percentage of salary unless they elect to opt out of the scheme.

From 1st January 2007, all part-time teachers entering teaching service for the first time after that date also automatically become members of the scheme unless they elect to opt out.

Part-time teachers in teaching service before 1st January 2007 who wish to join the Teachers’ Superannuation Scheme must especially elect to do so.

Facilities exist to allow teachers to pay extra amounts to increase their pensions through the Teachers’ Superannuation Scheme.

Alternatively, they may increase their pension on retirement by participating in the Additional Voluntary Contributions Scheme provided by the Prudential Pension Fund Services, Teachers’ AVCs, Freepost, Reading, RG1 1BR.


APPENDIX 1 LEGISLATION AFFECTING TEACHERS’ CONDITIONS OF SERVICE

(A) Extracts from EMPLOYMENT RIGHTS ACT 1996

Rights to statements of employment particulars

1. (1) Where an employee begins employment with an employer, the employer shall give to the employee a written statement of particulars of employment.

(2) The statement may (subject to section 2(4) be given in instalments and (whether or not given in instalments) shall be given not later than two months after the beginning of the employment.

(3) The statement shall contain particulars of –

(a) the names of the employer and employee,(b) the date when the employment began, and(c) the date on which the employee’s period of continuous employment

began (taking into account and employment with a previous employer which counts towards that period.)

(4) The statement shall also contain particulars, as at a specified date not more than seven days before the statement (or the instalment containing them) is given, of-

(a) the scale or rate of remuneration or the method of calculating remuneration,

(b) the intervals at which remuneration is paid (that is, weekly, monthly or other specified intervals),

(c) any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours),

(d) Any terms and conditions relating to any of the following-

(i) entitlement to holidays, including public holidays, and holiday pay (the particulars being sufficient to enable the employee’s entitlement, including any entitlement to accrued holiday pay on the termination of employment, to be precisely calculated),

(ii) incapacity for work due to sickness or injury, including any provision for sick pay, and

(iii) pensions and pension schemes,


(e) the length of notice which the employee is obliged to give and entitled to receive to terminate his contract of employment,

(f) the title of the job which the employee is employed to do or a brief description of the work for which he is employed,

(g) where the employment is not intended to be permanent, the period for which it is expected to continue or, if it is for a fixed term, the date when it is to end,

(h) either the place of work or, where the employee is required or permitted to work at various places, an indication of that and of the address of the employer,

(j) any collective agreements which directly affects the terms and conditions of the employment including, where the employer is not a party, the persons by whom they were made, and

(k) where the employee is required to work outside the United Kingdom for a period of more than one month-

(i) the period fro which he is to work outside the United Kingdom,

(ii) the currency in which remuneration is to be paid which he is working outside the United Kingdom,

(iii) any additional remuneration payable to him, and any benefits to be provided to or in respect of him, by reason of his being required to work outside the United Kingdom, and

(iv) any terms and conditions relating to his return to the United Kingdom.

(5) Subsection (4)(d)(iii) does not apply to an employee of a body or authority if-

(a) the employee’s pension rights depend on the terms of a pension scheme established under any provision contained in or having effect under any Act, and

(b) any such provision requires the body or authority to give to a new employee information concerning the employee’s pension rights or the determination of questions affecting those rights.

2. (1) If, in the case of a statement under section 1, there are no particulars to be entered under any of the heads of paragraph (d) or (k) of subsection (4) of that section, or under any of the other paragraphs of subsection (3) or (4) of that section, that fact shall be state.


(2) A statement under section 1 may refer the employee for particulars of any of the matters specified in subsection (4)(d)(ii) and (iii) of that section to the provisions of some other document which is reasonably accessible to the employee.

(3) A statement under section 1 may refer the employee for particulars of either of the matters specified in subsection (4)(e) of that section to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.

(4) The particulars required by section 1(3) and (4)(a) to (c), (d), (i), (f) and (h) shall be included in a single document.

(5) Where before the end of the period of two months after the beginning of an employee’s employment the employee is to begin to work outside the United Kingdom for a period of more that one month, the statement under section 1 shall be given to him not later than the time when he leaves the United Kingdom in order to begin so to work.

(6) A statement shall be given to a person under section 1 even if his employment ends before the end of the period within which the statement is required to be given.

3. (1) A statement under section 1 shall include a note-

(a) specifying any disciplinary rules applicable to the employee or referring the employee to the provisions of a document specifying such rules which is reasonably accessible to the employee,

(b) specifying (by description or otherwise)-

(i) a person to whom the employee can apply if dissatisfied with any disciplinary decision relating to him, and

(ii) a person to whom the employee can apply for the purpose of seeking redress of any grievance relating to his employment,

And the manner in which any such application should be made and

(c) where there are further steps consequent on any such application, explaining those steps or referring to the provisions of a document

explaining then which is reasonably accessible to the employee.

(2) Subsection (1) does not apply to rules, disciplinary decisions, grievances or procedures relating to health and safety at work.

(3) The note need not comply with the following provisions of subsection (1)-

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(b) in paragraph (b), sub-paragraph (i) and the words following sub-paragraph (ii) so far as relating to sub-paragraph (i), and

(c) paragraph (c),If on the date when the employee’s employment began the relevant number of employees was less than twenty.

(4) In subsection (3) “the relevant number of employees”, in relation to an employee, means the number of employees employed by his employer added to the number of employees employed by any associated employer.

(5) The note shall also state whether there is in force a contacting-out certificate (issued in accordance with Chapter I of Part III of the Pension Schemes Act 1993) stating that the employment is contracted-out employment (for the purposes of that Part of that Act).

4. (1) If, after the material date, there is a change in any of the matters particulars of which are required by sections 1 to 3 to be included or referred to in a statement under section 1, the employer shall give to the employee a written statement containing particulars of the change.

(2) For the purposes of subsection (1)-

(a) in relation to a matter particulars of which are included or referred to in a statement given under section 1 otherwise than in instalments, the material date is the date to which the statement relates,

(b) in relation to a matte particulars of which-

(i) are included or referred to in an instalment of a statement given under section 1, or

(ii) are required by section 2(4) to be included in a single document but are not included in an instalment of a statement given under

section 1 which does include other particulars to which that provision applies,

the material date is the date to which the instalment relates, and

(c) in relation to any other matter, the material date is the date by which a statement under section 1 is required to be given.

(3) A statement under subsection (1) shall be given at the earliest opportunity and, in any event, not later than-

(a) one month after the change in question, or

(b) where that change results from the employee being required to work outside the United Kingdom for a period of more than one month, the time when he leaves the United Kingdom in order to begin so to work, if


that is earlier.

(4) A statement under subsection (1) may refer the employee to the provisions of some other document which is reasonably accessible to the employee for a change in any of the matters specified in sections 1(4)(d)(ii) and (iii) and 3(1)(a) and (c).

(5) A statement under subsection (1) may refer the employee for a change in either of the matters specified in section 1(4)(e) to the law or to the provisions of any collective agreement directly affecting the terms and conditions of the employment which is reasonably accessible to the employee.

(6) Where, after an employer has given to an employee a statement under section 1, either-

(a) the name of the employer (whether an individual or a body corporate or partnership) is changed without any change in the identity of the employer, or

(b) the identity of the employer is changed in circumstances in which the continuity of the employee’s period of employment is not broken,

and subsection (7) applies in relation to the change, the person who is the employer immediately after the change is not required to give to the employee a statement under section 1; but the change shall be treated as a change falling within subsection (1) of this section.

(7) This subsection applies in relation to a change if it does not involve any change in any of the matters (other than the names of the parties) particulars of which are required by sections 1 to 3 to be included or referred to in the statement under section 1.

(8) A statement under subsection (1) which informs an employee of a change such as is referred to in subsection (6)(b) shall specify the date on which the employee’s period of continuous employment began.

5. (1) Sections 1 to 4 apply to an employee who at any time comes or ceases to come within the exceptions from those sections provided by sections 196 and 199, and under section 209, as if his employment with his employer terminated or began at that time.

(2) The fact that section 1 is directed by subsection (1) to apply to an employee as if his employment began on his ceasing to come within the exceptions referred to in that subsection does not affect the obligation under section 1(3)(b) to specify the date on which his employment actually began.

6. In sections 2 to 4 references to a document or collective agreement which is reasonably accessible to an employee are references to a document or collective agreement which-


(a) the employee has reasonable opportunities of reading in the course of his employment, or

(b) is made reasonably accessible to the employee in some other way.

7. The Secretary of State may by order provide that section 1 shall have effect as if particulars of such further matters as may be specified in the order were included in the particulars required by that section; and, for that purpose, the order may include such provisions amending that section as appears to the Secretary of State to be expedient.

(B) s.59 & s.60 SCHOOL STANDARDS AND FRAMEWORK ACT 1998

Religious opinions etc. of staff

Staff at community, secular foundation or voluntary, or special school.

59. - (1) This section applies to-

(a) a community school or a community or foundation special school, or

(b) a foundation or voluntary school which does not have a religious character.

(2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship-

(a) from being a teacher at the school, or (b) from being employed for the purposes

of the school otherwise than as a teacher. (3) No teacher at the school shall be required

to give religious education.

(4) No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage-

(a) by reason of the fact that he does or does not give religious education, or

(b) by reason of his religious opinions or of his attending or omitting to attend religious worship.

.


(C) EDUCATION (INDUCTION ARRANGEMENTS FOR SCHOOL TEACHERS)(ENGLAND) REGULATIONS 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 19 and 42(6) of the Teaching and Higher Education Act 1998:

Citation, commencement and application 1. - (1) These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 and shall come into force on 1st September 2008.

(2) These Regulations apply in relation to England.

Revocations and transitional provision 2. (1) Subject paragraph (2), the regulations specified in Schedule 1 are revoked to the extent specified in that Schedule.

(2)continue to apply to any person who completed an induction period within the meaning of the The Regulations specified in Schedule 1 2001 Induction Regulations before 1st September 2008, and these Regulations do not apply to any such person.

(3)In paragraph(2) the reference to a person who has completed an induction period includes a person –

(a) whose induction period is extended under regulations 16(3)(b),19(3)(c) or 19(4)(c) of the 2001 Induction Regulations and

(b)who immediately before 1st September 2008 has not completed the induction period as so extended.

Interpretation 3. In these Regulations – "the 1996 Act" means the Education Act 1996

"the 1998 Act" means the School Standards and Framework Act 1998;”


“the 2002 Act” means the Education Act 2002;“the 2006 Act” means the Education and Inspections Act “2006;“the 2001 Induction Regulations” means the Education (Induction Arrangements for School Teachers)(Consolidation) (England) Regulations 2001:“the 2003 Qualifications Regulations” means the Education (School Teachers’ Qualifications) (England) Regulations 2003;“appropriate body” means the appropriate body under regulation 6;“authority” means a local education authority;

“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;“the Council” means the General Teaching Council for England;“employment-based teacher training scheme” means a scheme established, or having effect as if established, by the Secretary of State for the purpose of paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations; "governing body" in relation to a further education institution has the same meaning as in section 90(1) of the Further and Higher Education Act 1992;"head teacher" is to be construed as a reference to the lead head teacher where regulation 14 applies;"institution" means a relevant school, an independent school or a further education institution in which an induction period may be served under these Regulations, as the context requires;"key stage" has the same meaning as in section 82(1) of the 2002 Act;"non-maintained special school" means a school approved by the Secretary of State under section 342 of the 1996 Act (approval of non-maintained special schools);“operating day” has the meaning given in regulation 4;“pupil referral unit” has the same meaning as in section 19 of the 1996 Act;"qualified teacher" means a person who satisfies requirements specified in regulations made under section 132 of the 2002 Act;“school year” means the period beginning with the first term after July and ending with the beginning of the first such term to begin after the following July;“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;"special school" has the same meaning as in section 337(1) of the 1996 Act;"supply teacher" means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them; “the Welsh Induction Regulations” means the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005; and"working day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in England.

Meaning of references to operating day


4. – (1) In these Regulations “operating day” means, in relation to an institution, a day on which the institution is open for providing facilities for education or in connection with the provision of such facilities.(2) The following provisions of this regulation apply for the purposes of determining the extent to which an operating day is to be counted when calculating for the purposes of these Regulations a period of operating days or whether a period consists of a specified number of operating days.(3) An operating day is not to be counted unless it is a day on which the person concerned is required to work under the terms of the person’s contract of employment or terms of engagement.(4) Where, in the case of a person who is in part-time employment, the person would have been required to work for no less time on a particular day than the person would have been if employed to work full-time, the whole day is to be counted.(5) Where, in the case of a person who is in part-time employment on a particular day, the person is only required to work for a part of the time that the person would have been required to work if employed full-time, only that part of the day counts as determined in accordance with paragraph (6).(6) In a case falling within paragraph (5) the amount that the part of the day represents is A/B where –A is the amount of time (rounded up to the nearest hour) that the person is required to work on the particular day, andB is the amount of time (rounded up to the nearest hour) that the person would be required to work on that day if contracted or engaged to work full-time.

Breach of time limits

5. Failure by any person to discharge any duty within a time limit specified in these Regulations does not relieve that person of that duty.

Appropriate body6. For the purpose of these Regulations -

(a)the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act) is the authority maintaining it;

(b) the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated;

(c) the appropriate body in relation to an independent school is the relevant body referred to in regulation 8(3)(c); and

(d) the appropriate body in relation to a further education institution is the authority referred to in regulation 8(5).

Requirement to serve an induction period


7. – (1) Subject to the exceptions in Schedule 2, no qualified teacher is to be employed as a teacher at a relevant school (a) unless that person has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school or a further education institution to which regulation 8(1) refers.(2) A person is employed for the purposes of paragraph (1) if that person is engaged to provide services as a teacher, whether under a contract of employment or otherwise, in accordance with section 43(2) of the Teaching and Higher Education Act 1998.

Institutions in which an induction period may be served 8. – (1) Subject to paragraph (2), an induction period may only be served in –

(a) a relevant school in England;

(b) in the circumstances specified in paragraph (3) an independent school in England;

(c) in the circumstances specified in paragraph (5) a further education institution in England; or

(d) a school or a further education institution in Wales in which an induction period may be served under the Welsh Induction Regulations.

(2) An induction period may not be served in –

(a) a school which is eligible for intervention by virtue of section 62 of the 2006 Act,

(i) the person in question first worked as a qualified teacher, or was employed on an employment-based teacher training

scheme, at the school at a time when the school was not eligible for intervention by virtue of section 62 of the 2006 Act or at a time when the circumstances described in section 15(6) of the1998 Act did not apply, or

(ii) the Chief Inspector has certified in writing that the Chief inspector is satisfied that the school, or the part of such a school in which the person in question teaches, is fit for the purpose of providing induction supervision and training;

(b) a pupil referral unit; or

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pursuant to section 124(4)(a) of the 2006 Act stated that the Chief Inspector considered that the education or training inspected was not of an adequate quality, unless –

(i) the person in question first worked as a qualified teacher in that institution at a time when the most recent of such reports did not state that the Chief Inspector considered that the education or training inspected was not of an adequate quality, or

(ii) the Chief Inspector has certified in writing that the institution, or the part of such an institution in which the person in question teaches, is fit for the purpose of providing induction supervision and training.

(3) The circumstances in which a person may serve an induction period in an independent school are that-

(a) in the case of a person who is employed to teacher pupils at the third or fourth key stage, the curriculum of the school for pupils at those key stages and taught by that person includes the relevant programme of study specified under section 84 or 85 of the 2002 Act in relation to every core or other foundation subject which such person I s employed to teach; or

(b) in the case of a person who is employed to teach pupils at the first or second key stage, the curriculum of the school for pupils at those key stages and taught by that person meets the requirement of section 84 of the 2002 Act other than the requirements in relation to assessment arrangements; and

(c) in all cases, before the start of the induction period the proprietor of the school and a relevant body have agreed that that body is to act as the appropriate body in relation to the school.

(4) In paragraph (3)(c) a “relevant body” is -

(a) any body of persons (corporate or unincorporated) whom the Secretary of State has determined may act as the appropriate body in relation to independent schools, or

(b) where no such determination has effect for the time being, an authority.

(5) A person may only serve an induction period in a further education and an authority have agreed that the authority is to act as the appropriate body in relation to the institution.

(6) In this regulation, “induction period” includes a part of an induction period.


Length of an induction period

9. - (1) – Subject to paragraph (2), the length of the induction period is -

(a) in the case of an induction period served wholly in one or more schools where the school year consists of 3 terms, 3 terms;

(b) in the case of an induction period served wholly in one or more schools where the school year consists of 6 terms, 6 terms;

(2) Where in a case falling within paragraph (1) -

(a) the person concerned serves an induction period which is a single continuous period beginning on a date other than the first day of a school term;

(b) the person concerned serves an induction period which is not a single, continuous period and where one or more of the separate parts of that period begins on a date other that the first day of a school term; or

(c) the person concerned is employed to work part-time at any time during the induction period, the length of the induction period to be determined in accordance with paragraph (4).

(3) In any case not falling within paragraph (1) (including a case where the person serves the whole or part of the induction period in a further education institution), the length of the induction period is to be determined in accordance with paragraph(4).

(4) The induction period is completed when the person has completed one or more periods of continuous employment falling within regulation 10 and the periods when taken together consist of not less than-

(a) the number of operating days in the school year of the school in which that person starts the induction period; or

(b) where that person starts that period in a further education institution, 189 operating days.

(5) The appropriate body may reduce a person’s induction period (the induction period as reduced being referred to as “the reduced period” by a period which does not consist of more than 29 operating days if the conditions set out in paragraph (7) apply to that person.

(6) Where the person is absent from work on one or more days during the induction period, being days on which the person is required to work under the terms of that person’s contract of employment or terms of engagement, the reference to 29 operating days in paragraph(7) is to have effect instead as a reference to the number of days left after subtracting the number of days of absence from 29.


(7) The conditions are that –

(a) the person was engaged to provide services as a teacher, whether under a contract of employment or otherwise, and was serving the induction period in an institution during the reduced period so as to meet the requirements of paragraph (1) or (4) but failed to do so;

(b) the head teacher of that institution has made a recommendation to the appropriate body that the person has met the standards mentioned in regulation 15 during the reduced period:

(c) the appropriate body has decided that the person has achieved the standards mentioned in regulation 15 during the reduced period; and

(d) that person agrees to the reduced period in place of the prescribed induction period.

Periods of employment counting towards an induction period

10. - (1) Subject to the following provisions of this regulation, a period of continuous employment as a qualified teacher of not less that 1 term in duration counts towards an induction period where it is served in an institution to which regulation 8(1) applies, and -

(a) where the institution is a school in England, it is served entirely on or after 1st September 1999;

(b) where it is a sixth form college in England, it is served entirely on or after 1st September 2000;

(c) where it is a school or sixth form college in Wales, it is entirely on or after 1st September 2003;

(d) where it is a further education institution other than a sixth form college in Wales, it is served entirely on or after 1st September 2005; and

(e) where it is a further education institution other than a sixth form college in England, it is served entirely on or after 1st September 2008.

(2) A period of continuous employment of not less than 63 operating days as a qualified teacher in a further education institution counts towards an induction period where-

(a) that person is engaged to provide services as a teacher by contract or otherwise and the period of employment under the contract or engagement is not for a specified number of terms; and

(b) it is served in a further education institution in England or Wales to which regulation 8(5) applies and is served on or after 1st September


2008.

(3) In the case of a school where-

(a) the school year consists of 6 terms, the reference in paragraph (1) to a period of continuous employment of not less than 1 term has effect instead as a reference to a period of continuous employment of not less that 2 terms; or

(b) the school year does not consist of 3 or 6 school terms, the reference in paragraph (1) to a period of continuous employment of not less than one term has effect instead as a reference to a period of employment of not less than 63 days.

(4) A continuous period of employment in an institution where the school year consists of 3 school terms which consist of-

(a) consecutive parts of 2 school terms; and

(b) where (disregarding holidays between them) when aggregated those parts equal at least the length of the shorter school term of that period,counts as employment of 1 term for the purposes of paragraph (1).

(5) A continuous period of employment in an institution where the school year consists of 6 school terms which consists of-

(a) a school term preceded by and followed by parts of 2 school terms; and

(b) where those parts (which disregarding holidays between them) when aggregated equal at least the length of the shorter school term of those 2 parts, counts as employment of 2 terms for the purposes of paragraph (1) as read with paragraph (3).

(6) No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school so agrees before the start of such period.

(7) Except as provided for in paragraphs (1) to (5), no period of employment as a teacher counts towards an induction period.

Extension of an induction period before completion

11. - (1) Subject to paragraph (2) where a person serving an induction period is absent from work 30 or more operating days, that person’s induction period is to be extended by the aggregate period of that person’s absences.

(2) Paragraph (1) does not apply where a person is absent from work for more than 30 operating days only be reason of the maternity leave period specified in regulation 7 (1) of the Maternity and Parental Leave etc


Regulations 1999(a) unless she so chooses.

(3) Where an induction period is extended under regulation 10 of the Welsh Induction Regulations and the person serving the induction period becomes employed at a school or a further education institution in England, the induction period is to be treated as having been extended under this regulation.

(4) Except as provided for in this regulation an induction period may not be extended before its completion.

Service of more than one induction period

12. No person may serve more than one induction period.

Supervision and training during the induction period

13. - (1) The head teacher of an institution in which a person serves a period of employment for the purposes of regulation 10 and the appropriate body in relation to that institution is responsible for that person’s supervision and training during that period of employment.

(2) The duties assigned to a person serving an induction period, that person’s supervision and the conditions under which that person works are to be such as to facilitate a fair and effective assessment of that person’s conduct and efficiency as a teacher.

Responsibility for an induction period served by a teacher employed in two or more institutions simultaneously

14 - (1) Subject to paragraph (2), where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of those institutions must agree which of them is to act as the lead head teacher.

(2) The lead head teacher shall be solely responsible for carrying out the functions of the head teacher specified in regulation 16(4).

(3) The appropriate body in relation to the lead head teacher's school or further education institution is to be solely responsible for carrying out the functions of the appropriate body specified in regulation 16.

Standards for determining whether a person has satisfactorily completed an induction period

15. The Secretary of State may determine the standards against which persons who have completed an induction period shall be assessed for the purpose of deciding whether they have satisfactorily completed their induction period, and may determine different standards in relation to different categories of persons.


Completion of an induction period

16. - (1) Subject to paragraph (2), this regulation applies where-

(a) a person is working as a qualified teacher at an institution in England when the induction period is completed, or

(b) in the case of a person to whom regulation 14(1) applies when the induction period is completed, the lead head teacher’s institution is in England.

(2) This regulation is subject to Schedule 3.

(3) A person has completed an induction period for the purposes of this regulation where that person has served-

(a) an induction period of the length specified in regulation 9; and

(b) any extension to that induction period pursuant to-

(i) regulation 11;(ii) a decision by the appropriate body under paragraph (5)(b); or

(iii) a decision by the Council under regulation 19(3)(c) or (4)(c).

(4) The head teacher of the institution at which the person is employed at the completion of the induction period must within the period of 1`0 working days beginning with the date on which the induction period was completed-

(a) make written recommendation to the appropriate body in relation to that institution as to whether the person has achieved the standards mentioned in regulation 15, and

(b) at the same time send a copy of the recommendation to the person.

(5) The appropriate body must within the period of 20 working days beginning with the date on which it received the head teacher’s recommendation under paragraph(4), decide whether the person-

(a) has achieved the standards mentions in regulation 15 and has accordingly satisfactorily completed then induction period;

(b) should have the induction period extended by such a period as it determines; or

(c) has failed satisfactorily to completer the induction period.

(6) Before making a decision under paragraph (5) the appropriate body is to have regard to any written representations received from the person in question within the period of 10 working days beginning with the date on


which it received the head teacher’s recommendation under paragraph (4) (a).

(7) The appropriate body must, within the period of 3 working days (or as soon as practicable in the case of the Council) beginning with the date on which it made a decision under paragraph (5)-

(a) give written notice of its decision to-

(i) the person in question;

(ii) the head teacher of the institution at which that person was employed at the completion of the induction period;

(iii) if the person is not employed by the appropriate body, that person’s employer at the completion of the induction period;

(iv) the Council; and

(b) if the appropriate body made a decision falling within paragraph (5)(b) or (c), give the person to whom the decision relates written notice of-

(i) that person’s right to appeal pursuant to regulation 19 against the decision;

(ii) the name and address of the Council; and

(iii) the time period for making an appeal.

(8) Notice under paragraph (7) may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method is regarded as given when it is received in legible form.

(9) In this regulation “appropriate body” means the appropriate body for the institution at which the person is employed at the completion of the induction period except where it is determined by regulation 14(3).

Extension of an induction period pursuant to a decision of the appropriate body or appeal body

17. Regulations 8, 10, 12 to 16, 18 and 19 and Schedule 4 apply in relation to-

(a ) person serving an induction period extended under regulation 16 or by the Council under regulation 19, or

(b) a person for the time being serving an induction period in England where the induction period has been extended under regulation 10 of the Welsh Induction Regulations.


Termination of employment following failure to complete an induction period satisfactorily

18. - (1) This paragraph applies to a person employed as a teacher at a relevant school in England when the decision is made under regulation 16(5)(c) of these Regulations, or regulation 14(3)(c) of the Welsh Induction Regulations, that the person has failed satisfactorily to complete the induction period which the person is required to serve under these Regulations or the Welsh Induction.

(2) The employer of a person to whom paragraph (1) applies must secure the termination of the person’s employment as a teacher if -

(a) no appeal is made to the Council against the decision of the appropriate body; or

(b) the appeal to the Council is dismissed.

(3) An employer shall take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect within the period of 10 working days beginning with the date on which –

(a) the employer received written notification from such person that he did not intend to appeal to the Council; or

(b) the time limit for appeal imposed by the paragraph 2(1) of Schedule 4 expired or by paragraph 2(1) of Schedule 2 to the Welsh Induction Regulations expired in the case of a person who has served an induction period under those regulations.

(4) The employer must take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(b)

so that the termination takes effect within the period of 10 working days beginning with the date on which the employer received written notice of the outcome of the appeal hearing.

(5) In this regulation, any reference to “the Council” in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations, is a reference to the General Teaching Council

for Wales.

Appeals 19. -(1) Where the appropriate body decides that -

(a) the induction period to be served by a person should be extended; or

(b) a person has failed satisfactorily to complete the induction period, that person may appeal to the Council against the decision.


(2) Schedule 4 has effect in relation to appeals under this regulation.

(3) Where a person appeals against a decision to extend the induction period to be served by that person, the Council may

(a) allow the appeal;

(b) dismiss the appeal; or

(c) substitute a different period of extension.

(4)Where a person appeals against a decision that the person has failed satisfactorily to complete the induction period, the Council may -

(a) allow the appeal;

(b) dismiss the appeal; or

(c) extend the induction for such period as it thinks fit.

Other functions of the appropriate body 20. –(1) The appropriate body may provide –

(a) guidance, support and assistance to schools and further education institutions; and

(b) training for teachers in connection with providing induction training, supervision and assessment under these Regulations.

Charges 21. The appropriate body in relation to an independent school or further education institution may make a reasonable charge not exceeding the cost of provision of the service to the proprietor of a school or the governing body of a further education institution, for which it is the appropriate body in connection with any of its functions under these Regulations.

Guidance given by the Secretary of State22. A person or body exercising a function under these Regulations must have

regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.

Jim Knight Minister of State7th March 2008 Department for Children, Schools and Families.


Appendix 2 MEDICAL FITNESS TO TEACH Extracts from DCSF Guidance 2007

SECTION A - INTRODUCTION

Purpose

A.1. Employers of existing and prospective teachers, lecturers and those entering Initial Teacher Training (ITT) have a responsibility to ensure employees have the health and physical capacity to teach and will not put children and young people at risk of harm.

The aim of this document is to provide guidance for employers who have responsibility for assessing the health and physical capacity of those who fall within the scope of The Education (Health Standards) (England) Regulations 2003, whilst ensuring they fulfil their duties under the Disability Discrimination Act (DDA).

Statutory Basis

A.2. The Education (Health Standards) (England) Regulations 2003 (the 2003 Regulations) state that employers and training providers must ensure that a person has the health and physical fitness to teach. These regulations explain that a N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217


http://www.opsi.gov.uk/SI/si2003/20033139.htm

“relevant activity” may only be carried out by a person if, having regard to any duty of his employer under Part II of the Disability Discrimination Act 1995 (DDA), he has the health and physical capacity to carry out that activity. The meaning of “relevant activity” prescribed by these regulations is explained in the Appendix of this document. If it appears to an employer that a teacher may no longer have the health or physical capacity to carry out a relevant activity the employer must follow the procedures under the 2003 regulations.

SECTION B - GENERAL

PROTECTING THE HEALTH, EDUCATION AND WELFARE OF PUPILS

B.1. Teachers and those training to become teachers need a sufficient standard of health and physical fitness to enter or remain in the teaching profession. Teaching is a demanding yet rewarding career and teachers have a duty of care for the pupils in their charge. The health, education, safety and welfare of pupils are an important factor in deciding on an individual’s health and physical capacity to train to and subsequently to teach. Applicants with a disability should not be deterred from considering teaching as a career, Initial Teacher Training providers and employers have a duty under the DDA Act to make reasonable adjustments.

The Disability Discrimination Act 2005

B.2. Under The Disability Discrimination Act 2005 (DDA), it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified, less favourable treatment cannot be justified if there were reasonable adjustments that should have been made and were not (unless those adjustments would have made no difference). Less favourable treatment may be justified on the grounds of either:

that it is the result of a ‘permitted form of selection’ or

that there is a ‘material and substantial’ reason for it. This means the school/local authority must have a good reason which is relevant to the individual circumstances after taking into account any reasonable adjustments that may be required.

The DDA defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities (see appendix 3). People with disabilities and long-term health conditions can and do make an important contribution to the overall school curriculum, both as effective employees and in raising the aspirations of disabled pupils and educating non-disabled people about the reality of having a disability.

In 2006, the DDA amendment regulations were introduced, bringing various changes including Part IV of the DDA which deals with post-16 education. In addition, the DDA 2005 introduced a new duty to all public authorities, including universities, to promote disability equality. The elimination of disability


http://www.drc.org.uk/PDF/dda_1995.pdf

discrimination and of the harassment of disabled people combined with the following strands of the positive duties:

to promote equality of opportunity between disabled people and people who are not disabled;

to promote positive attitudes to disabled people;

to encourage disabled people to take part in public life;

to take account of disabled people’s needs, even if this demands more favourable treatment of disabled people.

The importance of competence standards to Part IV of the DDA is that they not only relate to standards set by professional bodies, but also to any standards which are routinely set all the time in the organisation’s core business. Important circumstances in which standards are set and applied include:

When courses are described and marketed;

When student admissions decisions are taken;

When students are assessed;

When qualifications are conferred.

For a standard to be a competence standard within the meaning of the Code of Practice for Part IV of the DDA, it needs to satisfy all of the following 3 conditions:

1. It must be ‘an academic, medical or other standard applied by or on behalf of an education provider for the purpose of determining whether a person has a particular level of competence or ability’.

2. it must be relevant to the course, i.e. a genuine standard.

3. it must not lead to direct discrimination against a disabled person when it is applied.

Risk AssessmentsWhen an ITT provider and employer make their final decision with regards to whether or not an applicant can carry out their duties effectively they must have carried out a risk assessment as required under health and safety legislation. Further information about undertaking risk assessments can be found at The Learning and Skills Network.

Reasonable adjustments in the workplace

Under the DDA, employers have a duty to consider making ‘reasonable adjustments’ to ensure employees are not put at a disadvantage by employment policies, practices and procedures or any physical feature of the workplace.


Examining medical advisers must consider whether disabled candidates applying for ITT courses or employment, or staff who become disabled while working, will be able to carry out their duties effectively once any necessary reasonable adjustments have been made. A person’s physical capacity to manage his or her work may be enhanced with appropriate technical or human support and advice from the appropriate experts in occupational health. Medical advisers must consider fully the health, education, safety and welfare of pupils or trainees likely to be in that teacher’s care.

Section 6 of the ‘Able to Teach’ booklet produced by the Training and Development Agency provides examples of adjustments which governing bodies and local authorities might reasonably have to make. Although this document covers only those teachers who hold QTS, the examples and case studies provide good practice that can be used for all staff.

The employment provisions of the DDA also cover employment in higher education (HE).

Further information about what the DDA means for employers and service providers can be found on the Disability Rights Commission at http://www.drc-gb.org/

Medical advisers

B.3. A medical adviser to an Initial Teacher Training provider or employer of teachers must be a qualified medical practitioner. The medical adviser should be able to demonstrate competence in occupational medicine, for example as evidenced by inclusion in the specialist register of the General Medical Council or by holding a recognised post-graduate qualification in occupational medicine. The Faculty of Occupational Medicine of the Royal College of Physicians can advise on this. All occupational health and other advisers should ensure they are familiar with the requirements of the DDA and are able to assess whether reasonable adjustments would enable a disabled applicant to pursue a career in teaching. Where necessary, professional advice should be sought if they do not have the knowledge or experience of specific disabilities, for example when dealing with hearing or sight impaired applicants. Medical advisers will also need to consider cases where an ITT candidate or employee becomes disabled for the first time or an existing condition worsens during their course of study or career, or where someone applies for transfer or promotion to a post where his or her disability may be a factor.

It is for providers to appoint a medical adviser, however candidates should be allowed to submit evidence from another source if they choose.

Two documents containing occupational health advice are available at www.healthyschools.gov.uk

Obtaining Occupational Health Advice on Fitness to Teach - A Guide for Teacher Employers and Managers and for College Admissions and Pastoral Care Tutors (75KB, PDF format)


http://www.wiredforhealth.gov.uk/PDF/ohmanagerguidance.pdf

http://www.facoccmed.ac.uk/

http://www.drc-gb.org/


http://www.tda.gov.uk/


Fitness to Teach - Occupational Health Guidance for the Training and Employment of Teachers (164KB, PDF format)

The Secretary of State cannot adjudicate on questions about the health and physical capacity of individual teachers or candidates for teacher training, that is a matter for the employer or ITT provider. The only exception to this is when the Secretary of State is considering barring or suspending a person from employment on medical grounds, or to making such employment subject to conditions (Regulation 5 of the Education (Restriction of Employment) Regulations 2000.

All teacher appointments

D.1. Employers also need to assess the health and physical capacity of those seeking work which falls within the definition of “relevant activity” (see Appendix B). Employers are also responsible for being satisfied about the continuing fitness of those in such employment and for the suspension or termination of employment on medical grounds where appropriate.

A local authority or governing body must not appoint anyone to, or continue to employ them in a relevant activity unless he or she has the health and physical capacity for such employment (Regulation 6 of The Education (Health Standards) (England) Regulations 2003). Teachers may not be appointed to relevant activities as prescribed in The Education (Health Standards) Regulations (see Appendix) while they are receiving any ill-health retirement benefits from the Teachers’ Pensions Agency awarded after 31 March 1997, on the grounds of their permanent incapacity to teach. However, teachers who are in receipt of ill health retirement benefits awarded prior to 1 April 1997 may undertake some limited part-time re-employment without automatic cessation of pension benefits, provided, of course, they have the necessary health and physical capacity for that employment. Significant and/or long term employment may call into question the individual’s entitlement to the continued payment of ill health retirement benefits.

In making decisions about medical fitness, employers must adhere to the provisions of the Disability Discrimination Act 1995 (as amended in 2005). Guidance is available from organisations such as the Department for Work and Pensions and the Disability Rights Commission.

If the medical adviser to the prospective employer considers that a specialist opinion is necessary, the applicant may be offered the opportunity to choose a specialist on the advice of their GP, or the medical adviser may propose a specialist with the agreement of the applicant. An applicant who does not agree with the recommendation of the prospective employer’s medical adviser may seek another specialist's opinion, again guided by his or her GP. The employer’s medical adviser should consider in the light of any such second opinion, whether his or her previous advice should be revised. The decision on whether to accept such an applicant on grounds of medical fitness rests with the employer.

Teachers on first appointment



http://www.dwp.gov.uk/


http://www.wiredforhealth.gov.uk/PDF/ohdoctorsguidance.pdf

D.2. For newly qualified teachers, the prospective employer's medical adviser should obtain details of the applicant's medical history from the medical adviser to the training provider, with the written consent of the teacher. For most newly qualified teachers, the information will be confined to the pre-course declaration of health as few will have had a medical examination or doctor's report before or during their course. Possession of qualified teacher status (QTS) does not indicate that a teacher has the health and physical capacity to teach.

The employer’s medical adviser may, in the light of local factors, recommend routine health screening or other requirements for teachers and teacher trainees on first appointment. Trainees and serving teachers should keep their immunisations up-to-date. Immunisation Against Infectious Disease, HMSO 1996 “The Green Book” gives details, copies of this book can be found on the Department for Health website. The need for any other immunisation, e.g. against hepatitis A or B or further BCG should be assessed on the basis of advice from the medical adviser and the local consultant in communicable disease control.

Entry to teaching by employment-based routes

D.3. Employment-based teacher training schemes (EBR) are teacher training programmes that allow trainees to work in a school and follow an individual training programme leading to qualified teacher status (QTS). The school pays the trainee as an unqualified teacher. The Graduate Teacher Programme (GTP) and Registered Teacher Programme (RTP) provide a tailor-made training route through employment as a teacher. These programmes including SCITT programmes in maintained schools and non-maintained special schools require all trainees to have the health and physical capacity to be able to teach. The candidate must provide information as required to show that he or she is medically fit. Whatever the route employer obligations are the same.

Employment in the Further Education sector

D.4. Employers in further education must be satisfied about the health and physical capacity of all teachers who are to be appointed to their college.

Teachers changing schools

D.5. In appointing teachers with recent previous service in UK, the employer's medical adviser may request to see medical records from previous employment to decide that the person has the health and physical capacity to teach. Prospective employers must obtain the teacher's consent before requesting medical information from a previous employer.

Supply teachers engaged through employment agencies or businesses




http://www.tda.gov.uk/partners/recruiting/ebr.aspx

http://www.dh.gov.uk/AdvancedSearch/SearchResults/fs/en?NP=1&PO1=C&PI1=W&PF1=A&PG=1&RP=20&PT1=green+book&SC=__dh_site&Z=1

D.6. Employment agencies are responsible for determining the fitness to of those they engage to work in schools. Employers taking teachers from agencies should seek evidence that the agency has checked the teachers’ health and physical capacity. The teacher should be told if a prospective employer is to approach a previous employer. If medical records are not available or not recent, or where the agency believes more information is required, the agency should ask candidates to complete a declaration of health questionnaire, to be checked by the medical adviser acting for the agency. Under the DDA, recruitment through employment services, such as recruitment agencies that provide contract workers, is subject to the same duties as direct employment by an employer. For further information please see the Disability Rights Commission website.

If a Local Authority, school or FE establishment directly engages a supply or temporary teacher, it is responsible for carrying out medical fitness checks.

SECTION E - TEACHERS WHO BECOME MEDICALLY UNFIT IN SERVICE

Monitoring staff sickness absences

E.1. All schools should have a clear written policy for handling staff sickness absence and for taking decisive action to reduce absence levels which disrupt children’s education. This should include clear procedures, drawn up in consultation with staff representatives, for the monitoring of staff absences, for taking appropriate action, and for encouraging the promotion of good health.

Appropriate monitoring of sickness absence is an essential early warning measure for these responsibilities and also has a wider benefit to the general well-being of the school as good practice for human resource management.

The essential features of school staff sickness absence monitoring procedures should include the following:

Identification of causes of absences on grounds of mental ill health;

Consider means of prevention and support, in relation to staff sickness and absence;

Recognise the circumstances that can lead to teacher ill health;

Consideration any disability and reasonable adjustment when dealing with ill health;

Create a climate where disability can be declared and reasonable adjustment made;

Clear guidelines for staff to report absences on the first day of any absence and beyond;

Regular contact with absent staff and, on each occasion, agreement on the date and form of the next contact;


http://www.drc-gb.org/employers_and_service_provider/employment/a_practical_guide_to_the_law_a/section_38_recruiting_contrac.aspx

recording the number of absences and the working time lost for each spell of absence of each member of staff, and the reason, where known;

undertaking return to work interviews after each spell of absence, setting clear guidelines about the conduct and content of such interviews and recording the actions agreed;

defining trigger points for management action based on an individual’s cumulative absence, setting clear guidance on the range of management actions available;

setting clear guidelines for referrals to occupational health services.

Further information on managing sickness absence can be found on the Health and Safety Executive website. You can also find guidance on monitoring and managing sickness absence on the ACAS website.

Each case should be treated individually. It may be that certain disability related absence may be treated as a reasonable adjustment under the terms of the DDA. These absences should be recorded as disability related absence (if the disability has been declared to an employer) as opposed to incidental short-term ill health.

Employers must take immediate action when they consider a teacher may have become medically incapable of performing teaching duties if this may put at risk the health, education, safety or welfare of pupils.

Many teachers who become disabled through illness or injury can continue to carry out their duties effectively if the employer makes reasonable adjustments. Advice is available from relevant disability organisations and also from the Department for Works and Pensions, who administer the “Access to Work” programme, and can be contacted through local Job Centres.

Suspension or dismissal

E.2. The employer of teachers in maintained schools has powers to suspend teachers where necessary, if their condition poses a risk to the safety and well being of children or colleagues. Suspension should only be carried out on the advice of an appropriately qualified medical adviser about the risks encountered with the individual’s state of health. Each case should be judged on its individual circumstances.

Where the issue of dismissal of a teacher on medical grounds arises, under regulation 7 of the Education (Health Standards) Regulations 2003, the employer must give that teacher the opportunity to submit medical and other evidence and to make representations, and must consider such evidence and representations. If the teacher so asks, the employer must arrange for a medical examination; the N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217



http://www.acas.org.uk/

http://www.hse.gov.uk/

http://www.hse.gov.uk/

teacher's own medical adviser may, on request, be present at the examination. Consideration must be given to whether reasonable adjustment may enable a disabled teacher to continue to perform effectively.

ILL Health Retirement Benefits

E.3. Teachers who are unable to continue working because of illness or injury can apply for ill-health retirement benefits under the Teachers’ Pension Scheme if they are members of the Scheme. A teacher has to be permanently incapable of teaching to qualify for ill-health benefits. Further information can be found on the Teachers’ Pensions website.

Teachers may not be appointed to relevant activities while they are receiving any ill-health benefits awarded after 31 March 1997.

APPENDIX

Definition of ‘Relevant Activity’

Relevant activity means employment as a teacher, including an agency or supply teacher, or as a worker with children and young persons under 18 years of age, at schools maintained by local authorities, non-maintained special schools and further education institutions maintained by local authorities or the Learning and Skills Council (LSC).

“Relevant activity” is an activity prescribed for the purposes of section 141 of the 2002 Act as

(a) planning and preparing lessons and courses for children;

(b) delivering lessons to children;

(c) assessing the development, progress and attainment of children;

(d) reporting on the development, progress and attainment of children;

(e) an activity which assists or supports teaching;

(f) supervising, assisting and supporting a child;

(g) an administrative or organisational activity which supports the provision of education; and

(h) an activity which is ancillary to the provision of education.

In (b) above “delivering” includes delivery via distance learning or computer-aided techniques.

A worker with children or young people means a person whose work brings them into regular contact with children and young people under 18 years of age.N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

http://www.lsc.gov.uk/

http://www.lsc.gov.uk/

http://www.teacherspensions.co.uk/

APPENDIX 3 FACILITIES FOR UNION REPRESENTATIVES

(This Agreement is made between the City of Bradford Metropolitan Council and the recognised Teachers’ Organisations).

1. Preamble

It is mutually agreed that the Authority and the recognised teachers’ organisations wish to encourage good relations on matters of common interest and that adequate representation of teachers is indispensable in this policy.The teachers’ organisations recognised by the Council for the purpose of negotiating are:

Association of School and College Leaders: ASCLAssociation of Teachers and Lecturers: ATLNational Association of head Teachers: NAHTNational Association of Schoolmasters Union of Women Teachers: NASUWTNational Union of Teachers: NUTVoice: VOICE

2. Definition

An accredited representative of a recognised organisation is a teacher who is:(i) a member of the National Executive or other national committee of

his/her organisation or a representative of his/her organisation appointed by the National Executive to serve on a national body; and /or

(ii) a representative of his/her organisation appointed to serve on the Officers Joint Consultative Committee; and/or

(iii) a Local Representative appointed in accordance with the rules of his/her organisation to represent the interests of his/her members to the Authority and/or conduct the organisation’s business in a particular geographical area within the context of the Authority’s Educational Services; and/or

(iv) a School Representative appointed to look after the interests of his/her organisation or its members at a particular school.

3. Accreditation

The organisations shall appoint from their members in accordance with their rules sufficient representatives to ensure the proper representation of their members.

There shall be not be more than one School Representative pr organisation per school, except that, if the number of members exceeds


50 at any particular school, the organisation may appoint a second school representative.

4. Responsibilities of Representatives

1. School Representatives will be responsible for representing the interests of their members at the school (either collectively or individually) to the Headteacher, and for organisation business in their area.

2. Local Representatives will be responsible for representing the interests of members in their area (either collectively or individually) to the Authority, and for organisation business in their area.

3. OJC Members will represent the interests of their members (either collectively or individually) to the Authority on such organisation business as they decide.

5. Joint Business

1. Collective Issues

(i) A School Representative may raise a collective issue with the Headteacher at mutually convenient time.

(ii) A local representative may raise a collective issue with the Headteacher or with the Authority at a mutually convenient time.

(iii) Collective issues of general interest will usually be raised through the OJC machinery, but this does not prevent a local representative or an OJC member from raising an issue directly with the Authority. Wherever possible, meetings will be arranged so as to minimise the disruption of the School.

(The Authority will provide the Chairman, Secretary, and administrative support for all ad hoc meetings, and will normally make the meeting room available to the Teachers’ Side for a pre-meeting half an hour before the main meeting, on request).

2. Individual Issues

Representatives wishing to assist individuals on any matter shall be afforded reasonable facilities as are necessary to represent effectively.

A representative may, in order to effectively represent an individual, need to leave his/her school for a meeting with the Authority; Headteachers shall not unreasonably withhold permission to do so, bearing in mind the needs of the school.


The Authority will, on request, provide a suitable private room for the representative and the individual to discuss the case freely at an agreed convenient time.

6. Physical and Administrative Facilities

(1) Noticeboards: The Governor will provide a noticeboard or reasonable space on an existing noticeboard at each school for the exclusive use of the organisations.

(2) Telephones: Although most business can be done by letter or at organisation meetings, there will be occasions when the use of a telephone is necessary. The Governors will permit the use of their telephones on organisation or joint business without charge, with the permission of the Headteacher and wherever possible in reasonable privacy. Calls should not normally be made during the period 9.00 am – 1.00 pm.

(3) Premises: The Governors will make available premises for organisation or joint business, provided such meetings do not interfere with the work of the school. Normally, no charge will be made, except that if the school is involved in extra expense, a charge will be made on the basis of the actual expense incurred only.

(4) Distribution of Information: Representatives may distribute information and material relevant to organisation or joint business at the school at any mutually convenient time, by arrangement with the Headteacher.

(5) Use of School Typing and other Administrative Facilities: Representatives may, by arrangement with the Headteacher of their schools, use typing and other administrative facilities (eg photocopy machines) for union business provided that their use does not interfere with the work of the school. The representatives will arrange for payment for these facilities with their Heads, payment being made into school funds.

(6) Internal Mail System: Representatives may use the internal mail system free of charge, to communicate with their members on joint or union business.

(7) Pay and Conditions: Representatives engaged on joint business will receive full pay. Representatives attending joint business my claim travelling expenses at public transport rates.


(8) Training for Representatives: The Authority and the recognised organisations accept the need for adequate training of representatives and Governors should facilitate this whenever possible.

(9) “No Discrimination” Clause: The Authority and governors, in recognising the responsibilities of an accredited representative both to his/her members and as an employee, give a joint undertaking that the representative will not be discriminated against for fulfilling those responsibilities.

In the event of the Authority considering taking disciplinary action (other than a first warning) against a representative, the Authority will advise the OJC member for that organisation.

(10) Cover for Representatives: Those representatives with National responsibilities will agree with their Headteachers and the appropriate officer of the Authority how best their responsibilities to their school and their organisation should be met in the particular circumstances. No guideline or rules are set down with this Scheme.

(11) Reminder – Organisation Subscriptions: Representatives are reminded that the Authority offers the facility to members to have subscriptions deducted from pay and made over to the organisation direct.

(12) Time Off for Representatives

(i) National Executive Committee members (See Section 11)

(ii) Senior Representatives: Each organisation shall nominate one or more representatives to act in this capacity. The amount of time off allowed with cover shall be: one half day per week per organisation per 200 members. Cover will be provided.

(iii) School Representatives: The amount of time off shall be gauged in “free periods”, that is, the representative is entitled to the number of periods shown, free of class teaching duty; the “free periods” shall not be necessarily additional to periods of non-teaching duty already scheduled.

0 – 5 members - Nil6 – 12 members – 1 per week13 – 24 members – 2 per week25 and over – 3 per week


Representatives granted this time off under this Section must be present at the school, except by mutual arrangement with the Headteacher, but will not be called upon to act as a teacher in any way during the period granted. Representatives may, however, be asked by the Headteacher to assist in emergencies and, in the event of their agreeing to assist, an equivalent period of time off shall be granted on request at a later time mutually acceptable to the representative and the Headteacher.

In the event of a school being adversely affected by the arrangements concerning senior representatives, the Headteacher may make application to the Authority for extra assistance.

(iv) Representatives taking part in formal consultations with representatives of this Authority or at National level: Time off as necessary with pay.

(v) Representatives attending Annual Conference: subject to the agreement of the Authority, time off with pay will be granted.

(vi) Amount of time allowed off with pay and supply cover to attend training courses shall be calculated as follows:

One day of training per school year for every 200 members of an association/union. The number of members to be notified annually to the Authority at the beginning of each calendar year.

(vii) (a) School representatives and local officers of the union are granted time off with pay to attend a maximum of 11 school representative meeting per annum. Such meetings to commence no earlier than 1630 hours.

(b) School representatives and local officers who because of their work locations are required to travel to Bradford for the school representatives meetings will be granted sufficient and reasonable time off with pay in order to travel to such meetings. Such time off to include any teaching time.

(c) Notwithstanding this agreed arrangement, the operational needs of the Service are paramount and consequently there may be occasions when it is not possible to allow school representatives and union officials time off to attend. Headteachers will undertake to explain to the representatives concerned the need to refuse time off.


APPENDIX 4 - ASSAULTS ON TEACHERS – AN ADVICE DOCUMENT

1. Introduction

The Council is concerned about the national reports of increasing numbers of assaults on teachers. The Council, as a large employer, is concerned for the welfare and protection of its employees and wishes to make it clear that any person who assaults a teacher will be liable to prosecution.

The Council will provide, in appropriate circumstances, legal representation for teachers who wish to institute appropriate proceedings for alleged assaults that occur in connection with a teacher’s employment. The following procedures should apply in County and Voluntary Aided Schools.

2. Circumstances in which the Council will support a teacher

(a) Where teachers suffer a criminal assault the normal process is for the police to be informed and for them to take any necessary legal proceedings.

(b) In the event of the police not taking action the Council will conduct legal proceedings on behalf of Council employees, provided that it is satisfied that:-

(i) the employee was acting in accordance with his/her duties.(ii) the circumstances of the assault, etc, merit Court proceedings,

as opposed to other courses of action (ie – warning letter).

(c) If the Council considers Court action is not appropriate in the case of an assault, or where a teacher is threatened by a visitor, the following options may be used, depending upon the circumstances:-

(i) a warning letter from the Headteacher(ii) a warning letter from the Assistant Director/Schools Officer.(iii) a warning letter from the City Solicitor.

3. School Procedures for dealing with assaults on a teacher by pupils or others

(a) If the physical assault on a teacher is carried out by a pupil, the Headteacher should remove the pupil from the class or school until


the matter is resolved.

(b) A teacher who has been assaulted must report the incident to the Headteacher. A report of the incident should be completed. The report form used for accidents should also be used to report assaults. It should be sent to the office, in accordance with the normal procedure for such reports.

(c) Where a teacher suffers actual bodily harm, the teacher should secure, as soon as possible, a medical statement about the injuries. If the teacher is in agreement the Trade Union should be informed.

(d) If an implement is used in an attack, it should be held at the school, provided this can be done without undue difficulty or risk.

(e) Headteachers should always inform the police in cases of serious assault, ie any assault that results in injury.

(f) The Headteacher must obtain factual written statements, as soon as possible from any other member of the school staff or others who witnessed the incident. If the person giving a statement agrees, the statement will be provided to the teacher.

(g) Any written report provided for the Headteacher/Council should be entirely factual.

(h) If the Headteacher or Council choose not to inform the police, it is the right of the teacher who has been attacked to make a complaint.

(i) If a teacher is required to give evidence in Court against an alleged attacker, the Council will allow leave of absence with pay.

(j) A teacher who has been assaulted has the right to call for a Union representative to assist when a written statement is being prepared. It is in the teacher’s interest that there should not be undue delay before a statement is prepared.

(k) The Council recognises its responsibility to its employees and will undertake to counsel all victims of assaults, keep them fully informed of all available support and measures that can be taken on their behalf.

4. Incidents involving teachers away from school premises

An assault on a teacher away from school premises is the concern of the Council, provided it arises in the course of, or out of the performance of a teacher’s duties. If an assault takes place out of normal school hours, eg at weekends, the teacher may wish to involve the police immediately.


The Headteacher should be informed as soon as is practicable.

Role of the Police

Where there has been actual bodily harm (normally involving the breaking of skin) as a result of an assault, the police will be likely to prosecute. The police are also more likely to prosecute if the alleged offender has a criminal record involving assault.

The police, however, may decide a formal caution, after attendance at a police station constitutes a sufficient warning. They may also consider that there is insufficient evidence from bringing a charge, or they may not wish to spend time on a case if the gravity or the incident is not seen as sufficient to warrant further police action.

Action by Heateacher

In addition to reporting the assault in accordance with Paragraph 3(b) the Headteacher should:

(a) Inform the appropriate Schools Officer as soon as possible. The Schools Officer will then counsel the teacher and advise regarding claims for compensation etc.

(b) Contact the local police to find out what action, if any, is being taken and then inform the teacher accordingly.

Private Summons

The procedure for taking out a private summons varies. At its simplest it involves the teacher visiting the general office of the Magistrate’s Court, or Juvenile Court, in the area where the assault occurred. Sometimes the summons can be issued upon filling in a form, and occasionally it is necessary for the teacher to appear briefly before the Magistrates to satisfy them that there is a prima facie case to answer.

Legal Aid

If the prosecution it undertaken by the police or by the Council for the teacher, no legal aid is necessary. State legal id is not available to prosecute summonses for assaults.

Compensation Orders

Magistrates’ Courts sometimes make compensation orders for modest amounts when they sentence the accused. But payments may be spread over a period and in the event of default, the machinery for pursuing the matter through the Court can be cumbersome.


In cases of serious assault, a claim can be made through the Criminal Injuries Compensation Board.

Insurance Protection

The Teachers’ Conditions of Service Manual give details of the insurance cover against assault, (see page 80).Industrial InjuriesIf a teacher has time off work as a result of an assault occurring when the teacher is carrying out his/her duties, he/she may be able to claim Industrial Injury Benefit. It is important, therefore that an accident report is completed and that medical certificates are provided as in the case of sickness absence.

1 Publicity Liability Insurance

Teachers on “Out-of-School” activities

Certain activities taking place in the air or on the water may be excluded under this heading from the Council’s Policy. If in doubt, please contact appropriate schools officer for advice before undertaking any such activity.

2 Personal Accident Policy

The Council’s Insurance Policy does not exclude any activities either in or out of school, and the cover extends to events taking place both in the UK and abroad.

The Council has a separate Policy which covers duly authorised volunteer helpers against personal accident. The insurance section must be notified via the appropriate school officer if an authorised volunteer helper is to undertake racing of any kind or to travel in an airborne craft.

An authorised volunteer helper is not covered under the Personal Accident Policy if he/she is either intoxicated and/or pregnant at the time of the accident.


APPENDIX 5: PREMATURE RETIREMENT COMPENSATION

Agreement on Procedures for consultation between individual Local Education Authorities and the local representatives of the nationally recognised teachers’ organisations regarding the application of the premature retirement compensation regulations.

1 This agreement has been made, in accordance with their joint concern and responsibility for well ordered relations between authorities and their teachers, between the Council of Local Education Authorities (CLEA), acting on behalf of the Local Government Association, and the recognised teachers’ organisations in England and Wales represented on the Teachers’ Superannuation Working Party. The agreement is without prejudice to the teachers’ organisations’ general policy of opposition to redundancy.

2 The agreement sets out procedures for consultation at local level between the teachers’ organisations and individual authorities in considering the application of the regulations for payment of premature retirement compensation (PRC) to teachers who retire early on one of two grounds-either by reason of redundancy or in the interests of an authority’s efficient exercise of its functions.

3 The main provisions for the payment of PRC, embodied in the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997, are set out in Annex A. Nothing in the regulations overrides in any way the duties and tights of authorities and teachers contained in employment legislation, the relevant teachers’ tenure agreements and other relevant collective agreements.

4 Parallel to the statutory regulations on the payment of PRC, is entitlement to redundancy pay under the Employment Rights Act 1996. Details are at Annex B.

5 The legislation requires a local education authority, like any employer, to discuss any impending redundancy with representatives of the teacher unions recognised for collective bargaining purposes. Such consultations must begin at the earliest opportunity. CLEA and the teachers’ organisations have agreed that in the first instance the joint consultations should comprise a thorough examination of all alternative


courses of action, for example, redeployment and retraining, which may obviate the need for any redundancies.

Under the provisions of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 the consultations between the authority and the teachers’ organisations in respect of any redundancy will involve disclosure by the authority of:

(a) the reasons for their proposals;

(b) the numbers and descriptions of teachers whom it is proposed to dismiss as redundant;

(c) the total numbers of teachers of these descriptions employed at any particular schools concerned;

(d) the proposed method of selection for redundancy;

(e) the proposed method of effecting such redundancies including the period over which they are to take effect; and

(f) the proposed method of calculating the amount of any redundancy payments to be made to teachers who may be dismissed.

Such information must be conveyed by the authority in writing to the representatives of the recognised teachers’ organisations. During the course of the consultation the local education authority must consider any representations made to it by the teachers’ organisations, including any proposals for alternative courses of action to avoid redundancy, and reply to them. If the authority rejects any of those representations it must state its reason for doing so.

6 CLEA and the teachers’ organisation are agreed that, where, in the light of the consultations required by paragraph 5 of this agreement, redundancies as defined in Section 139 of the Employment Rights Act 1996(see Annex B) are contemplated, the authority will seek volunteers for premature retirement by reason of redundancy. The regulations give authorities discretion to enhance service for the purpose of determining the level of premature retirement compensation. There should be detailed consultations between an authority and its teachers on the policy to be followed on enhancement. It is the general intention of this agreement that in determining the level of enhancement an authority should not discriminate between teachers in similar professional circumstances; length of reckonable service is one such circumstance.

7 Any use, or proposed use, of the premature retirement compensation regulations in the interests of an authority’s efficient exercise of its functions should be the subject of formal consultations undertaken in a way similar to the consultations in respect to redundancy. Such local


consultations should establish in the first instance whether or not any use is to be made of the regulations in particular sets of circumstances (for example, the reorganisation of schools or the need for other reasons to redeploy teachers). The consultations on any such issue should involve joint consideration of the same relevant information. The application of the agreed arrangements in individual cases of premature retirement in the interest of an authority’s efficient exercise of its function will be a matter between the authority and the individual teacher. In all such cases, however, the authority should advise the teacher to consult his/her own trade union or professional organisation.

8 Any problems of interpretation of this agreement may be referred to the secretaries of the appropriate authorities’ or teachers’ organisations for any appropriate joint consideration. Any grievance between an authority and its teachers on the use of the provisions for premature retirement compensation should be dealt with in accordance with the existing procedures for the resolution of grievances or disputes.

The Education Reform Act 1988

9 Since the original agreement was made in 1976 the introduction of Local Management of Schools (LMS) under the Education Reform Act 1988 has transferred a number of functions in connection with consultation on redundancy from local education authorities to governing bodies of individual schools. Nevertheless, the general principles set out in paragraphs 1 to 8 above provide a model of good practice and are commended to governing bodies.

10 Annex A, which deals with premature retirement compensation, and Annex B, which deals with redundancy payments, take into account the effects of LMS. .

Annex A

PREMATURE RETIREMENT COMPENSATION

1. Premature Retirement Compensation

Premature retirement is retirement before normal retirement age by reason of redundancy or in the interests of the efficient exercise of the employer’s function.

A teacher who retires prematurely may be entitled to benefits from two sources:

(i) The Teachers’ Pensions Regulations 1997(ii) The Teachers’ (Compensation for Redundancy and Premature

Retirement) Regulations 1997


2. The Teachers’ Pensions Regulations 1997

2.1 Provisions is made in the above Regulations for the payment of retirement benefits to pensionable teacher in membership of the Teachers’ Pensions Scheme (TPS) who are aged 50 years or over, and whose employer certifies to the Secretary of State that the teacher has retired prematurely by reasons of redundancy or in the interests of the efficient exercise of the employers’ function. The amount of pension payable will be dependant upon salary and ; length of pensionable service in the scheme. With effect from 1 September 1997 the employer is responsible for paying a proportion of the lump sum and pension.

2.2 Retirements benefits, under the teachers’ pensions regulations, to teachers aged over 60 and under 65 and in membership of the TPS, are payable without certifying to the Secretary of State.

2.3 Teachers who have opted out of the TPS will need to check terms of their personal pension plan.

3 The Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations 1997

3.1These regulations enable the award of extra benefits to the retiring teacher beyond those payable under the teachers’ pensions regulations i.e. the granting of additional years of service to compensate for pension benefits the teacher could otherwise have expected to earn up to normal retirement age. Payment of this award is by the “compensating authority” from authority funds and not from the teachers’ pensions scheme.

3.2To qualify for these extra benefits, the teachers’ employer must certify to the Secretary of State, even if the teacher is aged over 60, that he or she is retiring prematurely by reasons of redundancy, or in the interests of the efficient exercise of the employer’s function. Having thus certified, the “deciding authority” at its discretion may award an additional period of service.

3.3The enhancement by way of added years cannot exceed the shortest of the following:

(i) ten years;(ii) the total length of the teachers’ existing service;(iii) such as would bring the teacher’s service up to the age of 65,

including any periods of compensation with which he or she has previously been credited;

(iv) the difference between the teacher’s service and 40 years.

3.4Teachers may be credited with an additional period of service provided:

(i) they are in relevant employment;N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

(ii) they are eligible for participation in TPS (though he or she may have opted out);

(iii) they are aged at least 50 but under 65 when employment is terminated;

(iv) they have served at least 5 years as a teacher eligible for participation in TPS.

These regulations do not apply to teachers retiring on grounds of ill-health or age.

3.5The calculations for determining eligibility for credited extra service to be paid by the “compensating authority”, in respect of teachers who have opted out of the TPS, are to be undertaken on the basis of the reckonable service which would have accrued has he/she remained in the scheme (TPS).

3.6These regulations also introduce a provision which enables public sector employers to make enhanced severance payments to teachers. For teachers aged between 50 and 60 the enhanced severance payment may be paid as an alternative to the granting of premature retirement benefits on grounds of efficiency or redundancy.

4 Compensation for Redundancy

4.1In addition, where a teacher in relevant employment is made redundant and becomes entitled to a redundancy payment under the Employment Rights Act 1996, the 1997 Regulations permit the “deciding authority”, at its discretion, to make an additional payment to the teacher.

4.2These payments are not restricted to teacher aged 50, or over not is it necessary for the teacher’s employment to have been pensionable under the Teachers’ Pensions Regulations.

4.3The maximum additional payment which may be made in these circumstances, is the difference between the redundancy payment to which the teacher is entitled under the 1996 Act and the redundancy payments he or she would have received if the upper earnings limit set under the Act had not applied.

5. Schools with delegated budgets

5.1 Where schools have delegated budgets under a scheme approved by the Secretary of State, the governing body is the “deciding authority” for crediting extra years, while the LEA remains the “compensating authority”. For the purposes of the PRC regulations an LEA must, where so requested by the governing body, notify the Secretary of State that the teacher’s employment was terminated by reason of redundancy or in the interests of the efficient discharge of the employer’s functions.


5.2 The Education Act 1997 has amended Section 139 of the Education Act 1996 so that the agreement of the authority is required before the cost of premature retirement is met form the authority’s funds rather than being charged to the schools’ budget. This amendment is effective for premature retirements on or after 21st March 1997. Until 31 August 1997 the provisions apply to the cost of “added years” only; from 1 September 1997 the provisions apply both to the cost associated with the employer’s contribution towards the lump sum and the pension and to the cost of added years.

6. Calculation of Compensation

6.1 The lump sum and annual compensation payable to a credited teacher is calculated in the same way as the lump sum and pension payable in respect of pensionable service under the Teachers’ Pensions Regulations. The lump sum compensation is 3/80 x average salary x additional period of service and annual compensation is at the rate of 1/80 x average salary x the additional period.

6.2 The amount of annual compensation, when aggregated with the annual rates for the time being of the teacher’s retirement pension under the Teachers’ Pensions Regulations, and any other occupational pension in payment, must not exceed 50% of the teacher’s pensionable remuneration. Where the aggregated does exceed this figure, the rate of annual compensation must be reduced accordingly.

6.3 Where upon the death of a teacher in receipt of a compensatory pension, a widow’s/widower’s, children’s or dependant’s pension becomes payable under the Teachers’ Pensions Regulations (or would have been payable if the teacher had not opted out of TPS), a supplementary widow’s/widower’s, children’s or dependant’s compensatory pension would become payable by the compensating authority, based on the added years granted to the teacher.

6.4 Where a teacher has been credited with more than six and two-thirds years of additional service under paragraph 3.3 above, and he or she is also entitled to a redundancy payment (in respect of the loss of former employment), the lump sum in respect of the enhancement must be reduced by 30% of the amount of the redundancy payment for each year in excess of six and two-third years. If the amount of the reduction is greater than the enhanced lump sum, the outstanding balance is recovered by permanently reducing the annual enhancement pension, in accordance with actuarial tables.

6.5 Costs of living increases will apply in accordance with the provisions of the Pensions Increase Acts in respect of the accrued pension under the Teachers’ Pension Scheme and the compensatory annual allowance payable by the compensating authority. Those increases will not apply until age 55 at which stage the pensions will be increased to take account of all the rises in the cost of living between the teacher’s date of


retirement and 55th birthday. Cost of living increases will also be applied to widow’s/widower’s. children’s and dependant’s pensions under paragraph 6.3, in which circumstances the age 55 restriction would not apply.

6.6 The 1997 Regulations stipulate that during a period of re-employment a teacher’s annual compensation may be reduced or suspended. This would be dependent upon whether the pension plus the re-employment salary exceeded the salary rate at retirement up-rated in line with pensions increases.

6.7 The Teacher’s Pensions Regulations also provide for a teacher’s pension to be reduced, or suspended, according to the aggregate of the teacher’s pension and salary in the new appointment.

6.8 A credited teacher is required to notify the “compensating authority” within one month of entering or leaving new employment.

6.9 Compensation (other than lump sum compensation) is payable in arrears at intervals of one month or such other intervals (not being less than a month) as may be agreed by both parties.

7. Deciding and Compensating Authorities

7.1 For the purpose of the Premature Retirement Compensation Regulations: the “deciding authority” is the body with the power to decide which teacher receives compensation and how much enhancement should be awarded; and the “compensating authority” is the body which pays the enhancement to the teacher. See, however, paragraph 5,2 above.

7.2 For LEA maintained schools without delegated budgets and LEA employment other than at school, the LEA is both the deciding and the compensating authority.

7.3 For LEA maintained schools with delegated budgets, the governing body of the school is the deciding authority and the LEA is the compensating authority

Annex B

REDUNDANCY PAYMENTS

1. For the purpose of redundancy payments as defined in the Employment Rights Act 1996 an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to:

(a) the fact that his or her employer has ceased, or intends to cease, to carry on the business for the purpose of which the employee


was employed by him or her, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; or

(b) the fact that the requirement of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where the employee was so employed, have ceased or diminished or are expected to cease or diminish.

2. A teacher’s entitlement to a redundancy payment depends upon them having two years continuous service with organisations included in the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order . Where a teacher has previously received a redundancy payment, continuity of service for the basis of the new payment will discount the previous relevant service.

3. Both male and female employees are entitled to a redundancy payment up to the age of 65, or the normal retirement age if that is different. Discriminatory retirement ages were outlawed by the Sex Discrimination Act 1986, and women between 60-65 given the right to a redundancy payment by the Employment Act 1989.

4. The Employment Rights Act 1996 prescribes the following entitlement to a redundancy payment:

For each year of reckonable service from age 41 to 65 1.5 weeks’ pay

For each year of reckonable service from age 22 to 40 1. week’s payFor each year of reckonable service from age 18 to 21 .5 week’s payReckonable service is limited to a maximum of 20 years

5 Under the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999, continuous service with local authorities and other organisations included in the Order must be aggregated, subject to a maximum of twenty years’ service. There is a prescribed limit to the amount of a week’s pay which can be taken into account. This is reviewed in April each year. However, the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 gives a discretionary power to disregard this limit and calculate the redundancy payment on the basis of the teacher’s actual pay.

6 As indicated in paragraph 6.4 of Annex A, any teacher who receives more that six and two thirds enhancement from his or her authority (for the purposes of premature retirement compensation) and who is eligible also to receive a redundancy payment, has the amount of the enhanced premature retirement compensation lump sum reduced by 30% of the value of the redundancy payment for each year added in excess of six and two thirds. Thus, any such teacher who received the maximum of 10 added years would have the enhanced benefits ( the lump sum and


annual pension, if the required reduction was greater than the enhanced lump sum payable) reduced by the full value of the redundancy payment.

7 A teacher is ineligible for a redundancy payment if before the end of his or her employment the teacher receives an offer of a suitable comparable job with any employer listed in the Modification Order to start immediately or within 4 weeks of the end of the previous employment.

The Council’s policy is as follows:

(i) In the case of redundancy the Council will pay full added yearsunder the superannuation regulations and redundancy pay calculated on weekly pay not restricted to the statutory minimum.

(ii) In a case where the Governing Body consider it sensible for a teacher to leave the service on the grounds of “the interests of efficiency of the school” the Governing Body can consider funding the cost of added years where it deems this to be appropriate.


APPENDIX 6: HEALTH AND SAFETY AGREEMENT

TEACHER SAFETY REPRESENTATIVES

It is evident that the Safety Representatives and Safety Committee Regulations, 1977 were introduced to improve communications and co-operation between employer and employees at the workplace on all matters affecting Health, Safety and Welfare. This the Authority fully supports and the following agreement has been reached in order to ensure that both Safety Representatives and Management clearly understand both the Regulations and those procedures necessary to enable the letter and the spirit of the Regulations to be complied with.

REVIEW

It will be necessary to review this agreement and procedures established for Safety Representatives at regular intervals. The first review will take place in March 1990 and thereafter at intervals of 12 months.

APPOINTMENT

1 The appointment of a Safety Representative will be notified in writing by the appointing Trade Unions to the Principal Buildings Officer, giving the Safety Representative’s name, workplace and constituency he or she will represent.

2 The Safety Representatives will be issued with credentials to enable them to be identified in the workplace. The Trade Union making the appointment will be responsible for the issue of the credentials.

3 The Safety Section will maintain a register of Safety Representatives.

QUALIFICATIONS


4 A Safety Representative shall, as far as is reasonably practicable, either have been employed by the City of Bradford Metropolitan Council for at least the past two years as a teacher or in similar employment or have had at least two years’ experience in teaching or a similar employment.

TERMINATION OR APPOINTMENT

5 A Safety Representative who wishes to resign shall notify the appointing Trade Union and submit his/her credentials for cancellation. The Trade Union will notify the Principal Buildings Officer.

6 When an appointing Trade Union decides to terminate the appointment of a Safety Representative, it will notify the Safety Representative and ensure that the credentials are withdrawn. The Trade Union will notify the Principal Buildings Officer.

7 When a Safety Representative is appointed to a post at another school which is not amongst the designated group for which he/she is the Safety Representative, he/she will cease to be a Safety Representative, unless agreed otherwise on an individual basis.

NOTES(a) Resignations and terminations should, wherever possible, take

place at the end of term.

(b) Trade Unions will seek to ensure that no school has more than one group Teacher Safety Representative on its staff.

FUNCTIONS

8 The main function of the Safety Representative is to represent the employees, for whom he/she is appointed, in consultation with the management of the Authority. Such consultations are with a view to the making and maintenance of arrangements which will enable the Authority and the employees to co-operate effectively in promoting and developing measures to ensure the Health, Safety and Welfare at work of the employees. The arrangements will include checking the effectiveness of such measures.

9 It has been agreed that Teacher Safety Representatives are responsible for representing members of the Trade Unions/Associations that are party to this agreement and also for representing members of UNISON & GMB in their schools (except those employed in kitchens).

10 In addition to the main function set out above, the Safety Representative has the right to carry out functions which, for clarity or interpretation, are shown as inspections.


INSPECTIONS

Formal Inspections

11 It has been agreed that formal inspection of each workplace or part of it will occur not more frequently than once per term, (twice in Upper Schools). Inspections may also occur when there has been a substantial change in Conditions of Work including emergency situations or where new information relevant to the Hazards of the Workplace is published by the Health and Safety Commission or the Health and Safety Executive.

PROCEDURE

12 Inspections must be arranged in advance with the Headteacher. Where possible, the visits for the school year should be timetabled in advance, alternatively notice will be sent to the Headteacher of the workplace at least seven days before the inspection is to take place.

13 Wherever possible, where Safety Representatives form Unions not party to this agreement are responsible for employees in the same workplace the arrangement should be for joint inspection of those areas in common.

14 On all formal inspections, the Safety Representative may be accompanied by the Headteacher or a person designated by the Headteacher.

15 The Headteacher shall provide adequate facilities to permit the Safety Representative to independently investigate any matter and to hold private discussions with any employee in the workplace, either at the time of, or as soon as possible after, the inspection.

16 In all cases concerning formal inspections, the report form must be completed whether or not the Safety Representative has any comments to make.

SAFETY REPRESENTATIVES’ REPORT/HEADTEACHERS’ REPLY SYSTEM

The Safety Representative may submit a report to the Headteacher outlining any health and safety hazards found on their inspections.

Any such report does not imply that all the other conditions at the school are safe.

Each Safety Representative will have issued to them a supply of the “Safety Representatives Report/Headteachers Reply System” forms. These are five part sets, which do not require any carbon paper.

This Safety Representative Report/Headteachers Reply System enables:


(a) The Safety Representative to report health and safety hazards to the Headteacher.

(b) The Headteacher to reply to the Safety Representative on any proposed action.

(c) The Headteacher to refer major items outlined by the SafetyRepresentative to the Authority for action/guidance.

USING THE SAFETY REPRESENTATIVES REPORT/HEADTEACHERS’ REPLY FORMS

The Safety Representative fully completes the form electronically or in ballpoint pen, noting any health and safety hazards in the appropriate section. The form can be downloaded from the Council’s website at www.bradford.gov.uk/scsafety

- The original of the report is given to the Headteacher.- The Headteacher decides an appropriate action to the hazards outlined

by the Safety Representative and completes the reply panels on the report.

Some items may require further action or advice from the Authority.

Matters which are internal to the school will be dealt with by the Headteacher.

- On completion of the report the Headteacher should:

- return a copy to the Safety Representative

- retain a copy on file

The Senior Occupational Safety Adviser will acknowledge receipt of the reports and upon receipt of the necessary replies will send a report to the Safety Representatives and a copy to the Area Representative and Headteacher.

The Safety Representative will normally refer all matters arising from a report to the Headteacher.

If the Safety Representative is dissatisfied with the response from the Headteacher, he/she should write to the Senior Occupational Safety Adviser. Other Officers should only be contacted in serious situations.

ACCIDENT INSPECTIONS

Accident Book

All accidents and injuries should be recorded in accordance with the Council’s Accident Recording and Reporting Procedures full details of which can be found on the Council’s website at www.bradford.gov.uk/scsafety


http://www.bradford.gov.uk/scsafety

http://www.bradford.gov.uk/scsafety

18 All premises (including schools) keep at least one copy of the B.I. 510 Accident Book. All injuries, no matter how minor, should be recorded in this book. This includes injuries to employees, pupils and members of the public. In schools this usually means maintaining two books; one in the main part of the school and one in the kitchen. In the case of an accident to an employee the PARTICUALRS MAY BE ENTERED BY THE INJURED PERSON OR SONEONE ACTING ON HIS/HER BEHALF, and the book must be kept where it is readily accessible to the injured employee and any person acting on his/her behalf.

REPORTABLE ACCIDENTS AS DEFINED BY ‘THE REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURENCES REGULATIONS 1995

The Safety Representative is entitled to receive information on the reporting forms F2508 referring reportable accidents and dangerous occurrences to the Health and Safety Executive.

ACCIDENT INSPECTIONS (PROCEDURES)

19 When it is safe for an inspection to be carried out, in the interests of employees in the group or groups which the Safety Representative is appointed to represent; the Safety Representative may carry out and inspection of the part of the workplace concerned.

20 The Headteacher will ensure, wherever possible, that the scene of any notifiable accident is left in the condition in which it was when the accident occurred, until the Safety Representative has inspected the Scene or indicated that he/she does not wish to inspect.

21 The Headteacher shall provide adequate facilities to permit the Safety Representative to independently investigate any matter and to hold private discussions with any employee in the workplace, either at the time of, or as soon as possible after the inspection.

22 The Safety Representative must not interfere with anyone or anything which might indicate how the accident occurred, and which may be useful to other investigators.

23 The Headteacher should be given as much notice as possible, and Safety Representatives should always inform the Headteacher that they are on the premises.

24 For the most minor accidents the inspection should take place during the Safety Representative’s next officially allocated time off.

INSPECTION OF DOCUMENTS


25 A Safety Representative who requires to inspect documents shall give notice, on an inspection report form, to the Headteacher to which the documents relate or the Authority, as appropriate, of the documents he wishes to inspect or take copies of.

26 The documents that the safety Representative will be entitled to inspect and take copies of are those which are relevant to the workplace of the employees that he/she represents and which the Authority is required to keep as defined by the Health and Safety at Work Act, 1974. At present the documents that fall within this category include the School Accident Book and Fire Register.

INFORMATION

27 The Council will make available to the Safety Representatives the information within the employer’s knowledge necessary to enable them to fulfil their functions

28 The following information will be made available by the Authority:

(a) Information of a technical nature relating to hazards in the workplace.

(b) Information which the employer keeps relating to accidents, dangerous occurrences and notifiable diseases.

(c) Other information specifically relating to matters affecting the health and safety at work of the employees that the Safety Representative represents.

(d) Information about the plans and operations of schools and any changes proposed insofar as they affect the health and safety at work of employees. The Head will discuss such changes with the Safety Representative.

The following information will not be made available:

(a) Information, the disclosure of which would be against the interest of national security.

(b) Information, the disclosure of which would contravene a prohibition imposed by or under an enactment.

(c) Any information relating specifically to an individual, unless he has consented to such disclosure.

(d) Any document consisting of or relating to any health record of an identifiable individual unless agreed by the individual.


(e) Any information the disclosure of which would, for reasons other than its effects on health, safety or welfare at work, cause substantial injury to the employers undertaking, or, where the information was supplied to him by another person, to the undertaking of that person.

(f) Any information obtained by the employer for the purpose of bringing, prosecuting or defending legal proceedings.

FACILITIES

29 The Governors will provide, on request, for the Safety Representative to carry out his/her functions and specifically:-

(a) Noticeboards: A noticeboard or reasonable space on an existing noticeboard at each school.

(b) Telephones: Access to the telephone for essential telephone calls with the permission of the Headteacher and, wherever possible, in reasonable privacy. Calls should not normally be made during the period of 09.00 – 1300.

(c) Distribution of Information: Safety Representatives may distribute information and material relevant to their functions at any mutually convenient time, by arrangement with the Headteacher.

(d) Use of School Typing and other Administrative Facilities: Safety Representatives may, by arrangement with the Headteacher(s) of their schools, use typing and other facilities to carry out their functions, provided that it does not interfere with the work of the school. The Safety Representative will arrange payment for these facilities with their Heads.

(e) Internal Mail System: Safety Representatives may use the internal mail system free of charge, to communicate with the staff they represent in the course of carrying out their functions.

(f) A place for private discussion will, wherever possible, be made available to Safety Representatives.

(g) Copies of LAMs and other circulars concerning health and safety.

(h) Information of a technical nature and reference material will be provided at specified libraries.

TIME OFF WITH PAY

30 The Safety Representative will receive time off with pay for time spent during working hours carrying out his/her necessary functions or training.


The total allowance of time for Safety Representatives is as previously agreed with the Union/Associations.

TIME OFF AGREEMENT

In accordance with the 1986/87 agreement a total of 1075 days are allocated to teacher representative duties (including training).

Replacements will be provided for Area and Group Safety Representatives whilst they are undertaking approved training and safety duties.

Apportionment of specific time-off will be undertaken by the teacher unions and must be notified to and agreed by management and monitored by the Senior Occupational Safety Adviser in conjunction with Area Representatives. Time-off for training will be agreed subject to:-

(a) the time-off being part of the package

(b) details of the course participants being notified to and agreed by management

(c) the exigencies of the service.

A programme of inspections must be agreed with management prior to any such inspections being undertaken.

COMMUNICATIONS AND CONSULTATION

31 The appropriate contact for resolving problems on health and safety matters raised by the Safety Representative will be the Senior Occupational Safety Adviser.

32 The Safety Representative will liaise with the person in charge of the workplace. In most cases this will be the Headteacher of a school, or Teacher-in-Charge of a Centre. It is hoped that as much as possible will be resolved at the workplace.

The Headteacher or other person in charge of the workplace will either decide the matter himself/herself or discuss with the staff involved, or may refer the matter to the Senior Occupational Safety Adviser.

33 The Senior Occupational Safety Advisor will either decide the matter or:-

(a) Refer or discuss the matter with staff involved, ie Headteacher/teachers involved.

(b) Refer or discuss the matter with more senior officers within the Authority.


(c) Refer to discuss the matter with other staff within the Directorate, ie Buildings Section.

(d) Refer the matter to the Safety Committee.

(e) The Senior Occupational Safety Adviser will keep the Safety Representative informed of developments.

34 Where there is no agreement at the Safety Committee, the matter may be referred by either side to the Officers Joint Committee.

SCHOOLS SAFETY COMMITTEE

Membership and Constitution

One member from each Union and the Area Safety Representatives.

Members appointed by management will not exceed the number of employee representatives.

The Chairman will be appointed from the Management Side.

Ex-Officio Members: Occupational Safety Adviser Other specialists within the employment of the Authority may be co-opted as Members for particular meetings when subjects, that they have expertise on, are to be discussed.

External specialists may be invited with the full agreement of the Committee.

Both sides will appoint Secretaries who will liaise on arrangements for meetings.

Terms of Reference1 The Safety Committee will consider safety, health and welfare matters

affecting teachers and non-teaching staff employed by the Council within educational establishments and represented by the Safety Representatives.

2 The Committee will promote co-operation between the Council and its employees in instigating, developing, operating and reviewing measures to ensure the health, safety and welfare at work of the employees.

3 The Committee is not a negotiating body and does not form part of the normal union/management negotiating procedures.

4 The Committee shall have no executive powers of action.

FUNCTIONS OF THE COMMITTEE


1 To consider reports submitted to the Committee by any member of the Committee.

2 To study accident and notifiable disease statistics and trends and to make reports to management on unsafe and unhealthy conditions and practices, together with recommendation fro corrective action.

3 Consideration of reports and factual information provided by inspectors of enforcing authorities under the Health and Safety at Work Act.

4 To consider and make recommendations regarding the development of safety and health rules and safe systems at work.

5 To consider the effectiveness of safety training.

6 To consider the adequacy of safety and health communication and publicity in the workplace.

MEETINGS

1 The Committee shall meet termly.

2 A special meeting may be convened at the request of either Secretary.3 Agenda items should be submitted to the Management Side Secretary at

least 10 working days prior to a meeting, and should be circulated five working days before the meeting.

4 The Committee shall not conduct any business unless there is equal representation of members in attendance except with the consent of the minority group represented.


APPENDIX 7 - JOB SHARE SCHEME INTRODUCTION

1. What is Job Sharing?

Job shared posts are the sharing of full time permanent posts where duties and responsibilities are divided according to the needs of the service and the requirements of managers. Flexibility should be the cornerstone of job sharing and when achieved this can provide both sides with considerable benefits.

2. Why should schools have a job share policy?

It is widely accepted that during the 1990’s there will be a shortage of teachers, and it is also anticipated that of the staff available, there will be a predominance of females in the labour market. It is, therefore, advisable for governing bodies to consider more flexible employment practices that will attract staff, both male and female, to their school. A number of these skilled teachers may currently be out of work because there is no opportunity to job share.

Job sharing is a practice that could be considered for other valuable reasons:-

i) A Job share scheme could attract specialists in shortage subjects and make it possible to retain practitioners on the school establishment whose expertise is well developed and could have been lost or under-utilised following a career


break.

ii) A scheme which encourages the sharing of senior posts is more likely to maximise continuity of knowledge, skills, development and therefore of confidence.

iii) Job sharers may only wish to share for a few years of their working lives and a job share scheme would allow trained personnel, who might be obliged to leave, to be retained.

iv) Job sharing enables an individual, particularly those returning from maternity leave to keep on the career ladder.

v) To operate a job share scheme would assist governors in their role as “good employers” having the foresight to adopt this working practice.

vi) Job sharing is advantageous for pupils:

- the teacher may be fresher and more enthusiastic because stimulated by outside interests, and/or the partial relief of domestic pressure;

- the teachers can share and check their impressions/assessment of the same pupil group;

- one partner could be asked to cover for the other’s illness.

Job sharing is currently Council policy for all APT & C Staff. In reviewing the operation of this scheme, some managers said they had experienced problems. These problems were, in the main, ones of managing the scheme and had very little to do with the job sharers. The LEA would assist and support Governors and Headteachers in managing a job share scheme it this was required.

3. Matters for Governors to Consider

Governing Bodies are strongly advised to develop and publish a policy of re-entry for teachers who have been on maternity leave, long term sickness, leave of absence etc. In these cases, Governing Bodies are strongly advised to consider job sharing as an option.

Governing Bodies should discuss their attitude to job sharing and are encouraged to consider a job share scheme which would be of interest to all working parents, carers, those teachers who may wish to undertake further studies, those with a disability who no longer wish to work full time, or those approaching retirement.

The LEA has set out below a framework for a job share scheme for teachers. Governors are invited to comment on the scheme and indicate their intent to adopt this framework.

DEFINITION OF JOB SHARE


Job sharing is where two permanent teachers volunteer to share the responsibilities of one full-time permanent job.

The pay and benefits applicable to the job are divided between them according to the hours they work. This is usually on a 50:50 basis, but could be 60:40, 70:30 etc.

Job sharers should not be confused with part-time workers. There are fundamental contractual differences between these two types of working arrangement e.g. a job sharer has the right to the full time job should lone partner leave, a part-timer would not.

Posts or part of posts should not be lost as a result of a request to job share.

To impose job share or to reduce posts as a result of a request to job share could infringe the contractual rights of the individual.

SCOPE

A job share scheme covers all permanent posts (other than those specifically excluded) and Governing Bodies are advised to adopt a policy whereby all such vacancies are advertised as being suitable for job sharing.

Governing Bodies are encouraged to decide which posts are suitable for job share and which posts are excluded.

Common exclusions include Headteacher and Deputy Headteacher posts.

It is advisable that exclusions are determined using clear criteria related to the demands of the post. The establishment of such criteria would be essential in the case of a grievance arising should a request to job share be turned down.

WAYS IN WHICH JOB SHARE CAN ARISE

Job shares can originate in one of four ways:-

a) An existing full time teacher may leave or move to another post. The vacancy could them be open to both job sharers and full timers.

b) Two existing full time teachers in similar posts may request to share one of the posts, leaving the other vacant for job sharers and full timers.

c) An existing full time teacher could request to job share, leaving part of their post open to another job sharer.

d) A new post may be created, open to both job sharers and full timers.

RECRUITMENT


However a job share situation arises, a vacancy will result, open to either job sharers only or to both job sharers and full timers.

Job sharers are recruited in exactly the same way as full time applicants. Each person sharing a post should have the necessary qualifications and experience to perform the full range of duties of the post.

In some instances, it may be advisable to hold a further interview of paired job sharers before offers of appointment are confirmed.

Where two teachers apply for the post as a pair, each one is considered on an individual basis during the shortlisting and interviewing stage. It is advisable to consider their combines abilities when making the decision to appoint.

Where an existing full time teacher requests to job share a post they continue working full-time until a job share partner is found.

The LEA can assist Governing Bodies in the recruitment of job sharers by establishing a register of potential job sharers which Governing bodies can refer to.Individuals whose details are held on the register would still apply for the vacant post in the normal way, but the details could assist Governors to match/recruit job sharers.

If a partner is not found either via the register or internal/external advertising in the first attempt, further attempts should be made until a replacement is found. In this rare case, the job sharer would be protected and the case dealt with on an individual basis.

The existing teacher who wishes to job share can be asked, or may request, to take part in the interviews for a job share partner. Their role would be that of an observer. This would be useful to obtain his/her views on compatibility with the applicants.

WHEN A JOB SHARER LEAVES

If one partner leaves, the remaining partner if he/she wishes can resume full time work by filling the vacated part of the job.

If the option is declined, the vacant part of the job should be filled in the normal way.

CONTRACTS OF EMPLOYMENT

All job sharers employed in established posts should have permanent contracts which state the job share status.

Their job descriptions should be the same as that for the established post, as determined by the Governing Body.

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The position of working hours between the job sharing partners will be equal if the job share is on a 50:50 basis i.e. two and a half days per week of 632.5 hours per annum.

The actual hours worked are decided by the Headteacher in consultation with the job sharers; the combined total number of hours worked by the partners should not exceed 1265 over the school year.

Job sharers can be asked to work additional paid hours to cover for the short-term absence of their partner. This is purely voluntary and, if declined, the usual cover arrangements would then apply.

It is important to note that a teacher who has been employed for at least 16 hours a week builds up continuous service just as in a full time job, ands gains employment protection rights after two years.

A teacher who has been employed between 8 and 16 hours a week needs five years continuous service to qualify for basic employment rights.Therefore, the hours worked on a job share bass can have an effect on an individual’s employment protection rights, and it is advisable that the individual is informed of this before accepting a job offer.

DUTIES

The division of professional duties (directed time) should normally be equal in weight and difficulty e.g. both partners attend INSET, parents meetings and some staff meetings.

The Headteacher will be the arbiter of timetabling duties, ensuring that as far as possible no unequal division of, for example, easy and difficult tasks is made.

Hand-over, liaison or overlap time may be necessary to facilitate consultation over planning, curriculum and pastoral issues. It is advisable that this takes place at least once per school week. This consultation would be classed as non-contact time, and must be agreed with the Headteacher.

CONDITIONS OF SERVICE

The conditions of service applicable to the full time post apply to both job sharers on a pro-rata basis.

Holidays

Partners would need to ensure that holiday benefits are shared equally e.g. May Day.

Pay


Job sharers should individually be appointed to the appropriate incremental point, and subject to the normal incremental progression. It is possible for partners sharing one post to be on different incremental points, but not on different scales, as this would not reflect the true sharing of one post.

Both partners will share any applicable allowances but again will not necessarily be at the same incremental point on the pay scale.

Other Pay

Job sharers (dependant on qualifying service) have the same entitlement to sick pay, maternity/paternity/adoption pay and leave as full timers. Payments would be on a pro-rata basis.

Inset

Job sharers have the same access to in-service training as full timers. Some arrangements may be necessary to cater for those undertaking training outside their normal working hours.

Superannuation

Existing teachers considering opting for job sharing can be advised by the LEA as to how this will affect their pension. This would be particularly important when the individual is approaching retirement.

Redeployment

Redeployment of job sharers for any reason should be in accordance with national conditions of service and local agreements covering full time staff.Grievance Procedure

Job sharers would have the right under the Grievance procedure to raise a concern about interpretation or application of the provisions of a job share scheme.


APPENDIX 8LOCAL AGREEMENTS

Management of Time

School visits, journeys and field trips

Working Time

Secondment of Teachers

Temporary Internal Promotions and restructures

Teacher participation in games

Conditions of service – casual supply teachers

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Access to pupil records

Access to personal information

Information to teachers associationsSupplied by LEASupplied by Governors

Intruders on School Premises

Bomb Scares

No smoking policy

Contacts with the media

Ex-gratia scheme

Living and working with HIV and Aids

Electing School Governors

MANAGEMENT OF TIME

The management of time in school will become a greater priority than ever before for Heads and Senior Staff under the new Conditions of Service.

The necessity for a time budget for each teacher has been referred to earlier.

The Head must manage the 1265 hours available from each teacher. The difficulty this creates will vary from school to school and may depend upon such matters as the length of school day, school size, custom and practices.

Heads would be advised to consider carefully the various implications of authorising extra curricular activities/residentials in the light of overall demands on staff time.

Field Trips/Residentials


Field trips are generally agreed to be a highly desirable activity educationally and socially, particularly when there is a residential component. Residential field trips are however subject to scrutiny on cost grounds and cannot be considered a mandatory part of any syllabus.

Further difficulties may now arise over the counting of time. Thus one union advises its members that “a general rule will be that all non-voluntary activities with pupils will be included” The number of hours of duty undertaken will be the total number of hours during which the teacher, alone or jointly is responsible for the safety and well being of pupils”. Other unions say “Where teachers are involved in residential activities involving pupils then the whole of the period of travel and stay should be counted in respect of the total umber of hours per year. In this context a day is counted as 24 hours”. Naturally, the employer’s side does not accept this statement.

Nevertheless, until there is a resolution of the issue it appears unwise to plan any directed residential events (including field trips) unless the full period can be contained within the individual teacher’s 1265 hours and without assurances regarding the willingness of other staff to cover during the residential period or any subsequent time off in lieu that might be agreed. The Trade Unions might consider that cover in such circumstances was over and above that which could be deemed reasonable.

The above comments apply even where teachers offer to give their time voluntarily.

The Working Party recognises that alternatives may be less educationally and socially stimulating but see this as an unfortunate consequence of the imposition of the Order.

‘Extra Curricular’ Activities

The many social and educational ‘extra curricular’ activities carried out by teachers will have to be considered against the new Conditions of Service. School plays, sporting activities, visits to theatres etc will need to be clearly categorised as directed or voluntary. For the most part it is anticipated that such activities will be voluntary and will take place out of the school day. Any extra curricular activities outside the normal pupils’ timetable, if the subject of a direction from the Head, will count as directed time. Skiing trips etc. are best planned for school holiday periods.

Note: The comments on cover (above) also apply to this section.

Meetings

Heads will need to plan meetings. The preparation of meeting schedules, the determination of who must attend and the directed time allowed must be specified and monitored.

It must be made clear to staff, in advance, that all meetings that continue beyond the allotted time do so by choice and voluntarily. This will highlight the need to manage the meeting itself to ensure its effectiveness.

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Teachers are required to attend meeting with parents to advise on the progress of pupils.

A school with a sixth form might have a maximum of eight parents’ evenings per year, if a separate meeting is held to discuss examination options. Most teachers, however, are unlikely to be required to attend more than six meetings.

If teachers choose to stay on school premises between the end of a school day and the commencement of the meeting with parents, that time, if used to carry out work., will be considered to be in accordance with para 4 (i) (b) of Schedule 3 of the Order ie. work beyond the 1265 hours.

If the time is used for teachers’ duties or meetings at the direction of the Headteacher then the time will count towards the annual hours.

In determining the time of Commencement of parent’s meetings, Heads should give consideration to those staff who may wish to travel home and return, therefore meetings should preferably commence at the end of the school’s normal day or after a reasonable break to enable staff to travel to and from home.

Where teachers travel between school ad home for the purpose of parental consultations beyond the normal daily journey, travel expenses shall be paid in accordance with the conditions of service.

Invigilation

On occasions invigilation may be necessary beyond the normal pupil day (or in holidays). Any such time will be counted as directed time.

The timetable for invigilation and a reserve list for cover in case of absence in such circumstances should be arranged well in advance. Every effort should be made to timetable invigilation by the end of the preceding term. It is recognised that such timetables may have to be varied for reasons outside the Headteacher’s control.

Supervision of Pupils

Supervision of mid-season breaks should be arranged wherever possible on a rota basis.

Supervision of pupils before and after school sessions is necessary to maintain good order and to safeguard pupils’ health and safety. Again, such supervision should be organised wherever possible by rota.

Supervision before or after school sessions should not normally be for longer than 10 minutes before and after each session but it is recognised that bad weather may necessitate a longer period. It is also recognised that transport provision may create problems at some schools. If this is the situation it may be necessary to consider altering the school pupils’ day.


Supervision before and after school will count towards the 1265 hours.

Other Professional Activities

Teachers perform other activities set out in the Order eg. academic/pastoral guidance, completion of certain records, preparation of courses of study, case conferences etc. Such activities as directed by the Head will count as directed time. Heads will need to ensure that the use of this time is properly monitored and controlled.

The Pupils’ School Day

The Order itself makes no amendment to the length of the pupils’ school day. The imposition by the Secretary of State of these conditions will not of itself necessitate any change in the pupils’ school day.

The pupils’ school day does change from time to time as a result of various influences eg. Curriculum need, transport, midday break changes or teacher preference. Such changes may continue to occur following consultation with all affected groups in accordance with normal procedures.

Class Contact Time

Class contact time has always been subject to variation amongst teachers and from year to year. These variations will continue. The new Conditions of Service do not imply any increase in class contact time.

Headteachers must consult union representatives as to the levels and distribution of non-contact time.

NOTE:

This document should be read in conjunction with the document on Working Time, in particular paragraph 11.

SCHOOL VISITS, JOURNEYS AND FIELD TRIPS

In the absence of any national agreement or guidance and in response to many questions from Headteachers and employees, the Authority is now giving further advice on this topic, previously referred to in the ‘Management of Time’ document.

The Authority recognises the value that these activities have for pupils both educationally and socially and hopes that teachers will continue to undertake such visits and trips.

All activities of this kind have now to be considered in relation to the School Teachers’ Pay and Conditions Document.


First you will appreciate that specified time with pupils cannot be distributed over more than 190 days when the school is in session for pupils. Any activities on other days must be regarded as “additional hours” (paragraph 4(i)(b) or as voluntary activities.

You must also ensure that such activities do no account for a disproportionate allocation of the 1265 hours. The pressure on time in most schools will not permit time beyond the normal school day being counted as directed time.

It should be made very clear to all teachers proposing to accompany such activities that time beyond the normal school pupil day will not count towards directed hours.

If these arrangements are considered to be unacceptable to the teachers then the activity will have to be rearranged within the school pupil day or it should not take place. Alternative arrangements may have to be considered for activities such as field trips.

By definition residentials involve supervision beyond the normal school day and safety and the conduct of the activity in relation to the age of pupils, type of activity and staff involved must be a prime consideration for assessing the time demanded for staff.

The Council’s insurance scheme will continue to apply to teachers as previously when they undertake these activities in or out of school time.

Headteachers, all staff and governing bodies should be thoroughly acquainted with the Authority’s guidelines on school visits.

E1/EP/PS/AH

schvisit.ret9 October 1989.

DIRECTORATE OF EDUCATIONAL SERVICESDirector ofEducational ServicesW R KnightProvincial House

Bradford West Yorkshire BD1 1NP.Tel: 0274 752583My re: E1/EP/PS/JWYour ref:

Dear Headteacher,


I am writing to you on behalf of the Joint Management/Trade Union Working Party set up to consider the interpretation and implementation of the new Conditions of Service and Working Time.

The Working Party recommend the following procedures for implementation of the 1265 hours required in the Order.

1 A model be employed in the planning of staff hours. The model allocating hours equally to all staff. It is recommended that the model includes the following categories:-

Pupil School DayBefore and After SupervisionMeetings – StaffMeetings – ParentsExam Supervision (Upper Schools)Directed other duty timeContingencies5 Teacher Days.

It is recognised that different teachers have different duties carried out at different times for which it is not practical to specify for each teacher. Such duties are provided for in directed other duty time as national amount. Such duties will be expected to be performed.

2 That Management and Trades Unions avoid individual time keeping for staff.

Yours sincerely,

for The Working Party

WORKING TIME

1 Headteachers will be aware that under the Order of the Secretary of State teachers

will have to be available for work on 195 days in the school year and may be called


upon to teacher pupils on 190 of these days.

2 The Order does not refer to part days. This is being interpreted, at present, to mean

that a ‘requirement’ placed upon a teacher to take games on a Saturday morning

would lead to the teacher being awarded one full day in lieu. In general, therefore,

Saturday events should be clearly state to be voluntary.

3. Teachers have to be available for work for up to 1265 hours spread over the 195 days

excluding such additional hours as may be needed to enable them to discharge

effectively their professional duties.

4 Teachers will need to know the holiday dates at least 12 months before the

commencement off the new academic year. (See Note 1).

5 Teachers need to know when they will be required to work those times outside the

pupil’s school day.

6 In preparing a programme of planned activities Heads must consult staff normally

through the representatives of the recognised teacher trades unions.

7 Such a calendar of events should ideally be provided before the start of the school

year and at least one week before the end of the preceding term.

8 It is hoped that Heads will be able to produce an annual plan for the school year

before the end of the Summer term which should include all planned events. It is

recognised that such a timetable may have to be altered for reasons outside the


Head’s control.

9 It follows from the above that Heads must carefully budget the time worked by each

teacher.

10 In order to:-

(a) ensure staff know precisely what is expected of the;

(b) facilitate the budgeting of the 1265 hours;

(c) reduce recording time to a minimum;

The LEA believes that it is essential for Heads to produce a calendar of events which

will record all the dales when individual teachers are required to work including time

outside normal school hours.

11 Heads need to be aware that all directed duties will be included in the 1265 hours.

This will include:-

(a) All timetabled contact time.

(b) All timetabled non-contact time (Heads will need to allocate its usage in

consultation with staff).

(c) Registration, form periods, assemblies.


(d) Directed supervisory duties outside the pupils’ working day (excluding the

teachers’ midday break) eg bus duty, detention, residentials, supervision

(before and after school), examinations outside school sessions.

(e) Staff meetings and other directed “in school” meetings and liaison.

(f) Parents’ meetings.

(g) Directed INSET.

(h) School liaison between sectors.

(i) Pastoral and administrative work outside the normal school sessions.

There will obviously be differences in the directed duties amongst the various

sectors. The above list is not intended to be exclusive.

12 Midday Arrangements

The Statutory Order provides for teachers to receive a break of reasonable length in

the inter-session break or between 1200 and 1400 – unless the teacher is employed

on a separate contract as a midday Supervisor.

Teachers may be required to do other work during the midday break (not supervision)

but this must not impinge on the right to a break of reasonable length and should be


agreed with the staff concerned.

13 Treatment of Schemes and Leave of Absence

1 Sickness

Teachers absent from school as a result of sickness will be deemed to have

worked the directed hours planned for the days that the teacher is sick.

2 Other Leave

The provisions of locally agreed Conditions of Service will continue to apply.

Teachers who wish to take leave of absence in directed time (whether or not

it is outside the normal school pupil day) must comply with the procedures of

the Scheme of Conditions of Service.

Headteachers are recommended to sympathetically consider requests for

time off for family/personal reasons during directed time that is outside the

school pupil day.


NOTE 1

Heads need to be aware that the Statutory Order requires the LEA to change its calendar

from a calendar year to an academic year. This means that from September 1987 the LEA

have had to arrange term dates and holidays on the basis of the academic year.

The following alterations have been made to meet the new legal requirements.

(i) A standard calendar of 200 days throughout the Authority.

(ii) Five floating days are attached to the holiday schedule to be allocated

at the discretion of school governing bodies.

(iii) Teachers are required to work 195 days per year. The pupil year is

190 days. The additional 5 days are used for in-service training. It is

recommended that two of the training days be agreed with

Inspectors/Officers on an individual school basis.

Heads of Voluntary Aided Secondary Schools will need to look at their holiday schedules to

determine the extra days in conjunction with their Governing Bodies and are recommended

to follow the LEA pattern.


APPENDIX – ALLOCATION OF HOURS

1 The fact that 1265 hours is available does not mean that Heads must allocate duties up

to 1265 hours. Indeed it is sensible to allow some time for unplanned contingencies.

Furthermore the work allocated has to be reasonable with regard to the individual

teacher and consistent with the teachers’ conditions of employment.

2 The examples attached are intended to be purely illustrative. Each school must give

careful consideration to the time allowed for contingencies as it is felt that 16/25 hours

for example may be insufficient.

Heads will need to monitor the usage of time very carefully for both the overall school

calendar and the individual teacher’s time budget.


EXAMPLE 1 INDIVIDUAL TEACHER TIME BUDGET – FIRST SCHOOL

AM

Supervision Teaching Teaching Supervision Meeting

Start Start Finish Finish Finish

Monday/ 0845 0855 1200 1210 -Friday

PM

Monday 1-10 1-20 3-30 3-45 3-45

Tuesday 1-10 1-20 3-30 3-45- 5-00

Wednesday 1-10 1-20 3-30 3-45 3-45

Thursday 1-10 1-20 3-30 3-45 3-45

Friday 1-10 1-20 3-30 3-45 3-45

Hours per year

Teaching hours 997-30

5 days directed non contact 30-00

Parents’ meetings 8-00

Staff meetings (38 x 1-15 mins) 47-50

Supervision 142-50

1225-30

Reserve and Record Keeping 39-30

1265-00


DIRECTED TIME in relation to the document is defined as the time during which teachers

perform school related duties, specified by Headteachers consistent with the conditions of

employment.

EXAMPLE 2 INDIVIDUAL TIME BUDGET – MIDDLE SCHOOL

Hours

Teaching Day (190 x 5-30 mins) 1045-00

Supervision (190 x 20 mins) 63-20

Weekly Activities

Curriculum Development and

Departmental/Year Meeting (11/4hrs x 38) 47-30

Termly Activities

Parental Meetings 12 hrs per annum

Reports 30 hrs per annum 42-00

Annual Allocations

A reserve has been allocated to

account for parental consultations,

pastoral work, case conferences etc 37-10

5 days beyond the Pupil Year (5 x 6 hrs) 30-00

1265-00


EXAMPLE 3 INDIVIDUAL TEACHER TIME BUDGET – UPPER SCHOOL

Hours

Available hours 1265 –

5 directed non contact days of 6 hours 30

1235

Pupils’ school day (6 hours x 190 days) 1140

95

Staff meetings (6 x 11/2 hours) 9

86

Other in school meetings (40 x 1) 40

46

Parents’ evening (7 x 3) 21

25

Thus leaving 25 hours unallocated for other tasks and contingencies.

E1/EP/PS/AHWorktime.ret5 October 1989


DIRECTORATE OF EDUCATIONTHE SECONDMENT OF TEACHERS AGREED GUIDELINES

The following guidelines and procedure, agreed at the OJC on 26 January 1989, are to assist line managers, and should enable the secondee to enter their secondment with full knowledge of all the terms and conditions relating to the position.

Following these guidelines should, therefore, avoid any confusion on either side.

GUIDELINES

It is envisaged that a secondment will take one of two forms:-

A Up to one year secondment

These give more people the opportunity to gain experience; it is easier for the person to retain their original post; and there is no need to retrain in order to return to their original post.

It is also clear to both the individual and management that the person has no right to the secondment on a permanent basis.

B Secondments over one year

These come onto effect when there are valid reasons for a longer term secondment eg a specific work programme to implement. It must be understood by both management and the individual that it is a secondment and not a permanent situation.

The individual would not have the right to return to their original post, but would be guaranteed a permanent post with the Authority on the same pay and conditions as the original post, but not necessarily at a similar status.

With the planned, phased implementation of LMS, secondments of over one year; s duration will be looked at on an individual basis. There will be a need to determine what guarantee will apply at the end of the secondment, as the school governors will then be


responsible for deciding whether they would be willing to take an individual into a vacant post within their school.

PROCEDURE

1 The line manager should discuss all proposed secondments with the relevant Senior Personnel Officer.

This discussion should result in a decision on:-a) The nature of the secondmentb) The length of the secondmentc) The salary scale to be paidd) The terms and conditions to be applied (with specific reference to hours and

holidays).

Individuals should assume the conditions of the post into which they are seconded. These conditions may not necessarily coincide with those applicable in their substantive post.

2 A job description, personnel specification and advertisement should be drawn up by the Line Manager, detailing those points mentioned in point 1 above. Any advert should bring to the attention of applicants the need to seek support from their Head/Line Manager for release.

3 The recruitment procedure for a secondment should be the same as with any other vacant post, including the advertising and interviewing process.

4 The secondment will be confined to the successful applicant, and their acceptance received. The unsuccessful applicants will also be informed, giving reasons for rejection.

5 The Principle Schools Officer should be informed of the successful applicant in order to monitor the secondment, and to inform the governing body at the donor school.

6 For secondments up to one year, the donor establishment should make the necessary arrangements to full the vacant post on a temporary basis for up to one year.

7 It is possible that where a specific work programme is required for more than one year eg 3 years, three secondees could be seconded for one year each. This would enable the individuals to return to their old post and would provide development opportunities for three people instead of one.

8 If a redeployment situation arises whilst the secondee is out of the school on a secondment, then they should be included in any procedure as though they were still at the school.

9 They must be notified of any posts or allowances, which become available during their period of secondment.


E1/EP/PS/CEMsecond.ep23 February 1990

CITY OF BRADFORD METROPOLITAN COUNCILDIRECTORATE OF EDUCATIONAL SERVICES

Interchange of Staff

Prior to Local Management of schools the following schemes operated. It is requested that Governors consider any requests which may be made under the scheme. The Authority will be prepared to facilitate the arrangements.

The following were the conditions under which movement could take place:-

1. It is accepted that such movements are arranged to help the career development of the individual teachers concerned and are not brought about by any policy changes on the part of the Authority. These movements of teachers therefore are entirely voluntary and will only be arranged at the specific request of individual teachers. As such, they do not fall within the scope of the Redeployment Agreement and teachers taking part in such movements will not be eligible to claim travelling expenses etc. allowed for in the Redeployment Agreement.

2. The Authority will publicise the scheme and invite individual teachers to indicate their wish to spend time in another school. It is accepted that teachers may indicate a wish to spend some time in another sector (i.e. a first school teacher may indicate a wish to spend a period in a middle school). The Authority will seek to arrange such transfers of staff between sectors, but the degree of success likely to be achieved will clearly depend on the appropriateness of the qualifications and possibly also, the experience of the teacher to serve in the sector requested.

3. The Authority will undertake to try to match requests as they are made. It will also seek to create opportunities by publicising to Heads (and staffs) details of posts which could be available if a matching could be arranged. Such details may stimulate teacher who have not previously considered a move, to do so.

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may be known since such transfers between schools are not expected to be permanent, and it is considered that teachers should apply for permanent posts in the normal way.

It is possible, however, that some matching will take place against temporary vacancies arising as a result of secondments for a year. This would clearly, however, involve the school releasing the teacher in recruiting a temporary replacement rather than receiving another teacher from another school. This might make the school unwilling to accept such an agreement.

4. The Authority will only agree to exchanges of staff taking place where Headteachers are willing to accept the arrangement. The agreement of Governors will also be required. The Chairman of Governors can act on behalf of the Governing Body if such exchanges are proposed and agreement is required before the next ordinary meeting of the Governing Body concerned.

5. The exchanges of staff envisaged in this scheme will not normally involve the promotion of any of the teachers concerned (see 12).

6. The Authority will expect such exchanges to last for one school year in the first instance. Extensions can be agreed if they are acceptable to the teachers, the Heads and the Governors of the schools concerned. No exchanges of staff will be agreed, however, to last more than two years.

7. Where a teacher who is on an exchange leaver the service of the Authority in the period he/she is in another school, the exchange shall continue to operate until the end of the year and the school losing the exchange teacher shall cover the vacancy arising by a temporary appointment. It will not be possible for the school affected to recall the teacher on its permanent staff who has been assigned to another school for the year.

8. Where exchanges prove to be unsatisfactory on one side the school affected will be expected to keep the member of staff for the year unless another arrangement can be arrived at without the Authority being involved in any supernumerary appointments.

9. Whilst a member of staff is attached to another school, he will be regarded for the year (or longer, where extensions are agreed) as a member of the staff of the receiving school for all purposes. He will be under the control of the Headteacher or the receiving school.

10. Teachers taking part in such exchanges will get a letter which will specify that their transfer to the staff of their receiving school will be regarded as a secondment for a specified period with the retention of their scale post.

11. At the end of any period of exchange the teachers concerned will automatically return to their original schools at the salary level they were on at the time they left the school except for the normal incremental increases where applicable.

12. Teachers on such exchange assignments will not normally be eligible for promotion within the schools they transfer to because this would create difficulties for their return to their original schools as required under 11 at their former salaries.


Exceptionally, by agreement with the appropriate Assistant Director, temporary promotions of teachers on exchanges can be agreed provided that

(a) the Head and the Governors are satisfied that no other permanent member of the school’s staff is able to carry the additional responsibility

(b) the teacher involved in the temporary promotion accepts in writing that on his return to his own school, he will revert to his previous salary level.

This restriction on promotion prospects of teacher does not mean that teachers on secondment at a school for a limited period are not able to apply in the normal way for permanent posts in that school which represent promotion for them.

13. Teachers in receipt of the S.P.A. Allowance will normally only be considered for transfers to other S.P.A. schools for the duration of their period of exchange. Teachers may be transferred to non-S.P.A. schools if they are willing to forego their special allowance for the period of their secondment.

14. The Authority envisage such transfer/exchange arrangements being made for a limited number of teachers per year.

15. Teachers in voluntary aided schools can only take part in such exchanges if the Governors of their own schools agree and find the proposed replacement teacher from another school acceptable.

16. Teachers in special schools can be considered for exchanges with teachers in ordinary schools provided that agreement can be reached on how the receipt of special schools allowance is to be resolved between the teachers involved in the exchange. The normal procedure would be for this to be related to the post in the special school.

17, It is not envisaged that exchanges will be arranged in the normal way appointments are made i.e. by formal interviews. Informal meetings with Heads (and Chairman of Governors where appropriate) are proposed in which Heads could assess the suitability of teachers wishing to take apart in exchanges. The Advisory Staff will be involved in such meetings and will also provide in-service support for teaches involved.

18. The administrative arrangements for such exchanges will be the responsibility of the appropriate Schools Officers in conjunction with the Directorate Personnel Officer.


TEMPORARY INTERNAL PROMOTION AND RESTRUCTURES

This guide had been prepared following discussions with the Teachers’ Trades Unions and Associations. The purpose of the guide is to draw Heads’ attention to the relevant Conditions of Service and to facilitate harmonious industrial relations within the school and the Authority.

Temporary Internal Promotion

1 The Conditions for the use of acting allowances are stated in the General Scheme of Conditions of Service.

2 The Authority does not recommend the promotion of a member of staff on a temporary basis pending a review of performance.

3 No firm offer of a temporary promotion/appointment should be made until a written acceptance of secondment etc has been received by the Head form the permanent teacher.

4 All offers of temporary promotions/acting allowances should be confirmed in writing by the Head, together with a clear statement of the responsibility and duties to be covered by the teacher and the reason why the appointment if temporary.

The Trades Unions have suggested that Heads often give teachers the impression that the temporary post may be extended or become permanent. If this happens, considerable grievances arise with consequential effects on staff morale when the promotion is not renewed. It is very important that there is clarity about what is agreed and Heads must ensure that comments regarding future possibilities are not understood by the teacher to be a firm promise.


5 Where, as a result of secondment, temporary promotion and acting allowances do not use all the allowances “released” by the secondment, the Authority accepts that a Head, after consultation with the Governors, may allocate an allowance to a teacher for a specific assignment for a stated period, not normally less than one term.

6 If a seconded teacher does not return to the former post of responsibility, the temporary teacher should not be expected to carry out the full duties of the post of responsibility without the commensurate allowance. The Head may wish, however, to take the opportunity to change the duties or even delete the particular post of responsibility.

Restructuring

1 Schools are not static communities and individual posts and structures are subject to change in response to changing needs. Unions are concerned that restructuring exercises have occurred without adequate consultation.

2 Where a Head is considering a restructure of the staffing of the school which affects post of responsibility, these should be discussed with Inspectors of the staff concerned. The appropriate Union representatives should be consulted and kept informed of proposed changes.

City of Bradford Metropolitan CouncilDIRECTORATE OF EDUCATIONAL SERVICE

From: The Assistant Director 13- To: ALL SCHOOLS AND CENTRESThe Assistant Director 13+

Contact : N B Roper/A E JonesSection : 13- and 13+My Ref : NBR/ARJ Ext 2573/ Your Ref:

2593

26 September 1985 EMA004TM1011- 1/JED

LOCAL ADMINSISTRATIVE MEMORANDUM SCHOOLS 13- AND SCHOOLS 13+ DIVISIONS NO 4/85 TEACHER PARTICIPATION IN GAMES

In a recent legal case a pupil who had suffered permanent injury as a result of being tackled by a qualified PE teacher during a rugby lesson, was awarded substantial damages, as the teacher and the Authority were held to be negligent.

The teacher had participated as a member of one team of children against another team of children. The Judge considered that the teacher could play an active part in keeping the game and the ball moving and by demonstrating the skills of the game. The teachers should not, however, have actively supported one side or the other.

The Physical Education Association has suggested that all teachers of games should consider the following four points:-


1 In contact sports (including basketball, hockey, rugby and soccer) adults must not participate as active team members for one team of pupils against another.

2 In contact sports, adults v pupils matches should not be encouraged unless teams are deliberately balanced with regard to size, weight and strength.

3 The teacher’s task is to demonstrate skills and, where necessary, keep the game flowing, but intentional physical contact must not be considered.

4 The demonstration of skills involving physical contact is still acceptable as long as the activities are teacher controlled and are geared to pupils’ size, strength and ability.

The LEA subscribes to these points and Heads should ensure that PE teachers and all teachers of games are instructed to follow these guidelines.

The Council’s liability insurance gives personal indemnity to teachers involved in these activities provided all reasonable precautions have been taken. For a full description of insurance arrangements see LAM No 1/84 dated 17 March 1984.

Assistant Director 13- Assistant Director 13+

MANAGEMENT AND PLANNING DIVISIONDirect 0274 752544

Your ref:Our ref: E1/EP/SRP/JW/L320 November 1990

Dear Headteacher

CONDITIONS OF SERVICE FOR CASUAL SUPPLY TEACHERS

I am writing to inform you of the revised arrangements for Casual Supply Teachers.


1 Applicable to casual supply teachers employed for less than 20 days within the previous 60 working days.

When a supply teacher’s work or conduct is alleged to be unsatisfactory an investigation will be carried out by the Headteacher. If as a result of the findings of the investigation the Headteacher decides that he/she no longer has confidence in the suitability of the supply teacher to carry out the required duties he/she must inform the supply teacher that his/her services are no longer required and give full reasons for the decision.

The teacher’s contract is thereby terminated. The teacher will not be eligible for any further contract until the case has been reviewed by the appropriate Schools Officer.


The Headteacher must also inform the supply teacher that he/she has the right to discuss the matter with the appropriate schools officer. The supply teacher has the right to be accompanied by a trade union representative or friend.

The Headteacher to submit a detailed report to the appropriate schools officer as soon as possible.

The schools officer will then have to decide whether if would be appropriate to allow any further employment at other schools.

2 Casual supply teachers who have worked 20 days or more within the previous 60 working days be allowed access to the grievance and disciplinary procedures that apply to teachers on temporary appointments.

3 Part-time teachers appointed on a permanent or temporary contract who also work on supply will be allowed access to the disciplinary and grievance procedures that apply to their substantive appointment.

If you have any queries concerning these arrangements please do not hesitate to contact Stephen Pearce on ext 2544.

Yours sincerely,S R PEARCE

DISCIPLINARY SANCTIONS

A school will clearly find itself on firmer ground when its policy on sanctions is known and set

out after discussion between Head, staff, governors and parents (parent Governors and/or

parent associations).

If any proposals to change sanctions involve an alteration in conditions of service, these

must be discussed with the recognised trade union representatives.

Corporal Punishment is no longer permissible in schools and the Authority offers the

following advice on the following alternative sanctions.

Homework

Teachers have concerns as to whether school can insist on homework.


The school should have an agreed policy about “normal” homework and its role and value in

a pupil’s programme of work. Again the school had the opportunity of setting out its

expectations in the information booklet and parents should therefore be aware of these.

If additional work is given as a punishment or as an alternative to punishment or sanctions

which the pupil cannot undertake, then it must again be seen as ‘reasonable’. Questions of

the amount and nature of the extra work and, indeed, or home circumstance will need to be

considered.

On the face of it, additional and, preferably, constructive rather than simply repetitive work is

a reasonable sanction to use in certain circumstances.

If parents refuse to co-operate in their children’s homework requirements in connection with

examination entries the schools have the sanction of not entering them for examinations.

Detention

With notice given to parents, detention for a reasonable period of time is a sanction

supported by the Authority. These are, of course, certain difficulties associated with

detention after school; special school transport arrangements, individual pupils (particularly

girls) walking home alone in the dark or on lonely footpaths, known fears and dangers in

certain localities – all factors which can cause genuine concern to parents and which schools

will rightly take into account.

Strictly speaking, it is the parent’s responsibility to see that pupils move safely between home

and school. In giving notice of detention to parents, this responsibility can be emphasised

and co-operation encouraged.

Exclusion

Exclusion in accordance with the guidance in the LAM and the provisions of the Articles of

Government is the ultimate sanction available to schools. Headteachers will therefore use it

where they genuinely see no reasonable alternative.


When a pupil is excluded a date of termination of exclusion must be given and one of the

main purposes of an exclusion must be to establish dialogue with the parent. Where contact

is not made with parents within the specified period further steps may well be taken.

Whilst there is always the parental right of appeal to Governors when a pupil is excluded, the

Authority will naturally support a Head who had decided on exclusion in line with Authority

policy whilst initial discussions on possible solutions take place.

Transfer

A mutually agreed and arranged transfer of a pupil for disciplinary reasons might be one

such solution, but the stress must be on agreement particularly with the parent and the

receiving school. The Head of the receiving school must have consulted hi staff before

accepting the pupil.

Where the behaviour of a particular pupil has been so extreme that the Head of the school

the pupil is leaving recommends that the pupil should not be placed in an ordinary school,

the receiving school should not be compelled to take the pupil. In the event of an unresolved

placement the support services will be consulted and the appropriate Assistant Director will

decide on the placement.

There may be other circumstances when a Head considers that a transfer would be mutually

beneficial. Consultation with all concerned, including the support services, is essential to

teacher agreed arrangements. Where additional costs may be incurred, for instance, on

transport or extra district payments, the appropriate Schools Officer must be involved in the

discussions.

General

The Authority appreciates the expressed concerns but it also realises that individual

difficulties require individual solutions. Through its officers it will support all reasonable

sanctions used by Headteachers. The test in the end, possibly on parental appeal to the

Secretary of State in extreme cases, will nevertheless be the reasonableness of the action

taken.


Some schools already involve sub-groups of Governors as Welfare Sub-Committees and find

that parents respond constructively when they know that local people other than

‘school/authority figures’ have an interest.

Schools Officers, members of the Advisory, School and Family and Welfare Services are

always prepared to discuss particular cases with Heads, especially where they are in any

doubt as to the advisability of certain courses of action. The sharing of concerns and the

support and view of colleagues outside the immediate school situation may well result in

constructive solutions emerging in particularly difficult circumstances.

E1/EP/PS/AHDisplin.ret25 September 1989

CITY OF BRADFORD METROPOLITAN COUNCILDIRECTORATE OF EDUCATIONAL SERVICES

ACCESS TO PUPIL RECORDS – CODE OF PRACTICE

Introduction

Bradford Council has been in the lead in opening up its records to public scrutiny and in encouraging the open approach to government. It is in this context that it has decided to open up pupil records to parents from September 1987 and to prepare the way for this by publishing a Code of Practice.

This Code of Practice is not intended to be exhaustive. It will require modification in the light of experience. It has been kept as simple as possible so that the administration required is not cumber some and time-consuming.

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If, after reading the Code, you do not find the answer to the specific query you have in mind given, or indicated, please contact the appropriate Schools Officer for further advice.

1 What records are covered by the policy?

1.1 The records to which access can be given are as follows:

(a) The formal written pupils records kept by schools as part of their established recording system.

(b) The reports written for outside bodies including court reports and UCCA reports.

(c) The reports from agencies prepared as part of the assessment process required by the 1981 Education Act.

(d) The information on computer systems which is part of the school’s normal record system.

1.2 Access should not be given to the following records:-

(a) The personal notes teachers keep for their own use in the compilation of formal school records, or which are prepared for colleagues to use in the compilation of such reports as court reports. These notes should be kept to a minimum and should be destroyed after use.

(b) Reports from outside bodies, other information from outside sources which Heads judge to be worth recording which are provided on a confidential basis and information kept on behalf of outside bodies such as GCSE assessments. These should be kept confidential unless the agreement of the authors has been obtained to allowing access to them.

(c) Case conference records.

2 Access to the records

2.1 Access to school records must be arranged through the Headteacher of the school and on the basis of an appointment at a mutually convenient

time and date.

2.2 Natural parents, legal guardians and foster parents have the right to see their son’s or daughter’s records during the total period that they are on roll at a

school within the District (see 3.2.1).

2.3 Students have the right to see their school records from the beginning of the school year in which they become 16.

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her record under 2.3.

2.4 Pupils should not normally be present when parents/guardians are viewing records unless it is considered desirable by the Headteacher and/or the

parents/guardians.

2.5 Access to pupil records may be permitted to persons assisting parents/guardians if the persons concerned have the written consent of the pupil’s parents/guardians or with the student’s consent where the student is over 18. Such access, however, should only be given if the parents/guardians

are able to be present.

2.6 Access to pupils’ records should not be granted to anyone not specified in paras. 2.2 – 2.5 other than to the following:-

(i) Appropriate officers of the Education Authority* - where such access is required to enable officers to carry out their professional functions in relation to individual pupils.

(ii) Appropriate officers and personnel involved in assessing a pupil in accordance with the 1981 Education Act. Access for this purpose would be at the discretion of the Headteacher. In cases of difficulty the advice of the Principal Officer for Special Education Needs should be sought.

(iii) Medical personnel ie school doctors, nurses, other consultants – access is at the discretion of the Headteacher and may be granted where he/she is satisfied that such access is required to meet the needs of the individual pupil.

(iv) Chairs of Governing Bodies – where Governing Bodies are involved in matters concerning individual pupils it may be necessary to give access to individual records. This should initially be to the Chair of the Body and only extended to other governors if the Headteacher and the Chair are agreed that this is necessary.The initial decision on access being granted to Governors is for the Headteacher to make.

Individual pupils should not be discussed by name at normal Governors’ meetings.

(v) For voluntary aided schools, Headteachers should agree with their Governing Bodies on the access to be given to records to persons other than those specified in 2.6 (i) – (iii).

(vi) All other requests for access to individual pupil records eg from solicitors, police, Social Services where children are not in care and other LEA’s (except where records are forwarded as part of the normal transfer process) should be cleared with the appropriate Assistant Director, or his nominated officer and with


parents/guardians before access is granted.

(vii) Access to individual records must be given to Social Workers who have responsibility for children in care ie where they are in effect the legal guardians, and/or where pupils are subject to child protection registration.

(viii) Headteachers should grant access to individual pupil records to any teacher in the school who needs to have such access to enable the needs of individual pupils to be met.

*Appropriate officers includes Schools Officers, Education Welfare Officers, Educational Advisers and Psychologists.

2.7 Headteachers are advised to consult the appropriate Assistant Director or his nominated officer in any case of doubt in applying this Code of Practice.

3 Circumstances in which access to records should not be granted

The policy of open access to records does not apply in the following cases:-

3.1 In circumstances where it is considered that the disclosure of information would put a child at risk.

It is not possible to define such circumstances in advance, but Headteachers retain the right to refuse access if they have grounds for believing such access could put a child at risk.

When access is refused, a parent or other person should be informed that he/she can approach the Authority in writing with the request for access. Headteachers should inform the appropriate Assistant Directors of the refusal and the grounds on which it was based.

In cases of doubt Headteachers are advised to seek Authority guidance.

3.2.1 Subject to 3.1 the Authority believes that all parents have a right to information on the progress of their children in school. This right applies equally when parents are separated or divorced, but does not extend to personal details (eg addresses at which either parent is living) which may have been given to the school on a confidential basis.

Where custody and access orders are known to exist, Headteachers should not give automatic access to school records which include such personal details to the parent who does not have custody or access. Abstracts from the records or copies of those parts of the record relating simply to progress in school could be made available. Any request for personal details should be directed to the parents having custody or access.

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family circumstances which require this restricted access to be given to parents not having custody of the children.

3.2.2 The rights of access to school records apply equally to foster parents/legal guardians who must provide some proof of their responsibility for the particular pupil(s) concerned.

3.2.3 The initial decision at school level about whether or not to grant access to records has to be made by the Headteacher. Where, however, there are doubts about the identity of persons seeking access to records and satisfactory proof of identity cannot be produced access should be refused.

In such cases the persons who are refused access should be advised of the appeal procedures set out in paragraph 5 (below).

Headteachers are asked to advise the appropriate Schools Officer of the details of the specific refusals as soon as possible.

3.2.4 Where access to records is granted to a third party, the person being given access should put on the record their reason for access and should sign and date the record.

4 The correction of information on records

4.1 It is clearly possible that some of the factual information on school records relating to personal or family details may be incorrect. Where parents point out such mistakes they must be corrected immediately.

4.2 There will be occasions on which there could be disputes between parents and schools on other matters referred to in records which are of a subjective nature. Where such disputes arise Heads should discuss the matter with the parents, and with other members of staff where appropriate, and an attempt should be made to agree on an acceptable form of record.

In cases where it is not possible parents may be prepared to agree that their disagreement with the record is noted on the record which they should then be asked to sign. Where requested by parents, Headteachers should allow parents to append to records notes on points they wish to be recorded (see 6.2).

In cases where parents wish to pursue the matter further the Headteacher should tell them of their initial right of appeal to the Governing Body and subsequently to the appropriate Sub-Committee. In the case of CE aided schools appeals beyond the Governing Body should be to the Board of Education. For RC schools the appeal should be made to the Diocesan Schools Commission.

4.3 Where parents have seen the records, they should be asked to sign them to indicate that they have been seen.


4.4 All amendments to school records within the school must have been authorised by the Headteacher, or his representative, ie in large schools this responsibility may be delegated to a Deputy Head, Senior Teacher etc.

5 Appeal Procedures

5.1 Appeals will normally be of two kinds – those where access has been refused and those where the contents of records have been disrupted. The appeals procedure in both cases is the same.

5.2 Headteachers have the responsibility of informing parents of their rights of appeal to Governors and how to exercise them.

5.3 Governing Bodies should decide at their first meeting in every school year the composition of an Appeals Sub-Committee.

5.4 If a dispute arises Headteachers should take the following steps:-

(a) Within 5 school days give the parent, or other person, the name and address of the Chair of Governors and ask him/her to put their request/appeal in writing to the Chair.

(b) Tell the parent, or other person, that as Headteacher he/she will send an account of the circumstances to the Chair of Governors and request the Chair to fix a date as soon as possible and within 2 weeks of the receipt of the request by the Chair for the sub-committee of Governors to meet to discuss the matter.

(c) Tell the parent, or other person, that he/she will be invited to the meeting of the sub-committee of Governors to discuss the matter and to receive the Governors’ decision.

(d) Arrange a date for the meeting of the Governors’ sub-committee and set up the meeting.

(e) Inform the appropriate Assistant Director/Schools Officer of the matter in dispute.

(f) Arrange for an Adviser to be present at the meeting if this is required.

5.5 The Governors’ Meeting

(a) Appeals sub-committees of Governing Bodies should not include any persons who work at the school site.

(b) The meetings should be as informal as possible and should provide an opportunity for the parent or other persons and the Headteacher to state their cases. Both should withdraw whilst the Governors make their decision, which should be formally recorded and a copy given to the


parent.

(c) Parents or other persons should be advised by the Chair that if they are not satisfied they have the right of appeal in writing to the appropriate Sub-Committee.* This right must be exercised within 15 days of the Governors’ decision.

5.6 Any parent or other person appealing to the Sub-Committee will be given the opportunity to state his/her case personally or in writing. The Sub-

Committee’s decision is final.

*In the case of ordinary schools appeals would be to Schools (Education) Sub- Committee, and in the case of special schools to Schools (Special) Sub- Committee.

6 Retrospective examination or records

6.1Although it is recognised that some difficulties could arise, the Authority would wish the new policy to apply as far as possible to records written before 1987.

6.2As far as internal school records are concerned Headteachers are not expected to take responsibility for comments on records made before their appointments and on records from previous schools.

6.3When a request for access to records is received and prior to access being granted, Headteachers must offer to teachers still on their staffs who contributed to the individual record concerned, the opportunity and time to see and amend or delete if required, any part of the record which was written on the understanding that it was confidential. It is hoped that amendments to records will be kept to a minimum.

6.4Where parts of records were provided by outside agencies on a confidential basis prior to September 1987, this confidentiality should be preserved and access should not be given.

7 Responsibility for record keeping

7.1The responsibility for establishing and maintaining a suitable record system for the school rests with the Headteacher and the staff.

7.2The Headteacher has the responsibility of ensuring that records are as factual, accurate and that the information in them is both valid, still relevant and not largely subjective. A check should be made on the content of records every two years/and on the transfer of pupils to other schools.


ACCESS TO PERSONAL INFORMATION

1 Personal File Held By The Authority Or The School

Teachers have the right to examine their own personal file kept by the Authority or school. Application should be made in writing, giving seven days notice to; The Personnel Office, Future House, or to the Headteacher.


INFORMATION FOR TEACHER ASSOCIATIONS (SUPPLIED BY THE AUTHORITY)

1) STAFFING

(a) Establishments

For each school/centre/unit the figures to cover pupils on roll on which the formula funding allocation is based.

In first schools this number will be the estimated roll for the following N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

summer term. Nursery pupils to be shown separately.

Additional staff – giving the reason for the addition.

These figures to be provided as soon as the school budget has been prepared. The actual establishment to be confirmed in late September.

(b) Grouping and Incentive Allowances

Grouping of each school/centre/unit.Amount of money allocated for Incentive Allowances.Incentive Allowances in use.These figures to be provided in early October.

(c) Temporary/Staff

The number of staff on temporary contacts, the reason and the duration of the contracts.

This information to be provided in October of each year.

(d) Permanent Supply Staff

Details of the number of grades of permanent supply teachers.

This information to be provided in October of each year.

(e) Secondments

The number of teachers to be on secondment for the following year. Information to be provided in March/April or as soon as it becomes available.

2) EARLY RETIREMENTS

Number grantedThe ages of the applicantsTheir length of service (if known)Their salary scaleThe number of added years given (if any)

This information to be provided in October

3) 16 – 19 CONSORTIA

(a) Details of the centrally retained finance available to each consortium including details of additional staffing.

Details of twilight classes to include subjects, centres, numbers of staff involved and method of payment for each subject.


Information to be provided in June/July.

The final allocation of staff within the consortia.

Information to be provided in the Autumn of each year to indicate amendments to earlier information.

4) ANCILLARY STAFF

The suggested establishment formula of each school for nursery nurses, dining room supervisory assistants, clerical staff, laboratory staff etc.

Actual allocation of staff in each category.

Information to be provided in October each year.

5) LAM’S AND GENERAL LETTERS OF GUIDANCE TO HEADTEACHERS AND GOVERNING BODIES

Copies of LAM’s and guidance letters, copies of weekly circular to be sent to all associations as they are issued.

6) WORKING PARTIES/GROUPS

A list of current working parties/groups giving details of membership, title, convener and terms of reference.

This information to be provided in October each year and at OJC when a new group/working party is established.

7) RE-ORGANISATION PLANS AND SCHOOL CLOSURE PROPOSALS

Details of re-organisation plans and proposed school closures to be made available to associations as soon as possible.

8) BUDGET PROPOSALS AND DECISIONS

These to be made available to associations as soon as they are open for discussion.

9) SECTION 11 STAFFING LEVELS AND ALLOWANCES

Information to be provided in October.

10) OTHER POSTS ON TEACHERS PAY AND CONDITIONS NOT IN SCHOOL ESTABLISHMENTS

11) ANY PROPOSED REVISION TO LMS SCHEME


12) FACILITY FOR OBTAINING DETAILS OF NEW APPOINTMENTS TO THE AUTHORITY.

13) OFFICERS INTERNAL TELEPHONE LIST

(The Authority will endeavour to provide the above information at the times requested but until new record systems are fully operative it may not always be possible to provide all the information requested).

E1/EP/PS/DATEACHER.REDJANUARY 1990

INFORMATION TO BE PROVIDED BY SCHOOL GOVERNORS TO ACCREDITED TRADE UNION REPRESENTATIVES

Schools to make the following available if requested:

1 The full LMS budget and expenditure details under formula headings as they become available.


2 The staffing structure for the school.

3 The number of applications for early retirement.The number of applications granted.The number of added years given.

4 Discipline and grievance procedures.

5 Appointment procedures.

6 Details of all temporary appointments as they become known.

E1/EP/PS/JWSUG.DOC27 November 1990

INTRUDERS ON SCHOOL PREMISESINTRODUCTION

Many schools have been having trouble with their grounds being used, amongst other things, as public; thoroughfares. New legislation, Section 40 of the Local Government (Miscellaneous Provisions) Act 1982, means that schools now have


much wider powers to deal with individuals causing a nuisance or disturbance on school premises.

The section states:-

“Any person who without lawful authority; is present on premises to which this Section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not such persons are present at the time) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.00”.

The section applies to any time, including out-of-school hours and during holidays. For example, it can be used to prevent dog owners exercising their pets on playing fields particularly where the pets then foul the grass; unauthorised football, making noise.

The City Solicitor has written to the Assistant Chief Constable of West Yorkshire (Bradford area) pointing out that the use of school premises without lawful authority is becoming more prevalent and that staff will be calling on police assistance more now that there is a new specific offence.

A Police Constable and/or persons authorised by the Local Education Authority and approved by; the Governors are empowered to remove someone from the premises whom they have reasonable cause to suspect is committing or has committed an offence; in other words, any person who is there without lawful authority and is causing or permitting a nuisance or disturbance can be removed.

The Governors should consider authorising staff on a voluntary basis to become authorised people pursuant to the Act in order that action can be taken wither without; involving the Police or without the inevitable delay involved in calling a Police Constable, thus assisting in preventing a situation arising where the offender has already left the premises without establishing who they are.

Proceedings can be brought by the Police or the Local Education Authority. However, before bringing the prosecution it may be that a warning letter would be useful to deter people from continuing to commit the offence.

If a prosecution is brought, it may be necessary for the person directly involved (probably the Head or a Police Constable) to give evidence in the Magistrates’ Court about the incident. This re-enforces the fact that it is vital to keep full written records of each incident so that an accurate account can be given to the Court.

CONCLUSION

It may be practicable to draw attention to the Act via the PTA and school/college Governors, thus alerting people to the fact that unauthorised users are now


committing an offence and are running the risk of being removed from the premises and receiving a fine of up to £50.00.

It should be noted that the offence requires a “nuisance or disturbance” and so implies that the offender is doing more than merely walking down a school path or road as a short cut on one occasion. It may be, however, that a conviction could be obtained on the basis that mere presence requiring the person’s removal is sufficient to show “disturbance”. The City Solicitor will be sympathetic to a request for prosecution in a border-line case, so as to establish a precedent or gain experience of what can be achieved by the use of this Section through the Courts.

The Authority will provide full backing to authorised staff using these powers.

GUIDE TO AUTHORISED STAFF


Intruders on school premises are not uncommon and range from groups of young people to individuals walking their dogs. It is not possible to provide definite advice to enable Authorised staff to deal with every circumstance and officers must use their own judgement and discretion in each case.

Procedure

1) The intruder should be asked to give their name and address and then be asked to leave the premises.

2) The intruder should be informed that it is an offence to intrude on school premises and offenders are liable to be prosecuted.

3) The intruder should be escorted off the premises.

4) If the offender refuses to leave the premises the Police should be called.

5) In all cases a full record of the incident must be made immediately afterwards by the Authorised person and any witnesses.

6) If Authorised Staff wish a warning letter to be sent, the appropriate Schools Officer should be given full details of the incident and the name and address of the offender.

7) If a prosecution is brought by the Police or the LEA, the Authorised Officer may be required to give evidence in the Magistrates’ Court – hence the need for accurate records.

8) Authorised Offices should also consult LAM No. 6/832

Assaults on Teachers – an advice document. Similar provisions apply for non-teaching staff.

NOTE: It is impossible to lay down hard and fast guidelines about the use of force in confrontations with intruders, as each situation will depend upon the circumstances at the time of the incident.

It can be said that to avoid allegations of assault or battery and subsequent involvement with the Criminal Law, no force should be used except in self defence. Even the, the force applied should be reasonable and not excessive.

SCHOOL/PS/DAOCTOBER 1989

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1 Heads are advised to treat seriously all warnings received as to the placing or presence of a bomb on school premises. To treat one as a hoax, even on persuasive indications to that effect, is an error of judgement. The safety of children and staff must be paramount.

2 On receiving a warning the first step to be taken is the immediate evacuation of the school. The most convenient method is the use of the fire alarm system with which all should be familiar by periodic practice. It should include an effective roll call. The area of evacuation should be as far from the school as possible to protect from flying glass etc and away from parked vehicles.

3 The next priority (and wherever possible, coincident with the above) is the notification to the police with a request for their services in searching the school. No attempt should be made to begin this before they arrive and their instructions should be fully observed. Where the police request the assistance of professional or domestic staff in making the search, participation is a matte for individual and voluntary decision. An overriding requirement is the availability of sufficient staff to supervise and care for the children. Pupils, even sixth formers should not, under any circumstances be allowed to take part in searching the premises.

4 Whilst the police authorities will be prepared to report the conclusion of a search, they may be unwilling to say that it is safe to return to the building and this must be a matter for judgement by the Headteacher who, in making such a responsible decision, would be supported by the Local Education Authority. Matters to be considered are the extent of the search, the nature of the building and the nature of the warning given.

These factors which arise directly from the risk of injury should take precedence over others which can arise from weather conditions, the age of the children, the catchment area of the school and possible attendant problems such as transport and mothers at work. The latter will dictate the practicability of sending children home.

5 No attempt should be made to touch any suspicious looking parcel or envelope. This should be immediately reported to the police for action by them. Save in the most exceptional circumstances to the contrary (for example the remoteness of an administration block from other buildings) the principles outlined above should be followed.

EXDEVPS.RETE1/EP/PS/JW9 October 1989


DIRECTORATE OF EDUCATIONManagement & Planning DivisionAssistant Director: Ken Sutcliffe

FROM: ASSISTANT DIRECTOR TO: Headteachers in all MANAGEMENT & PLANNING) Local Authority Schools

Ext: 2534Ref: E1/EP/JOH/SS/M1

26 February 1990

DIRECTORATE OF EDUCATIONAL SERVICESNO SMOKING POLICY

1 On 24 February 1987 the Council approved the following resolution:

(1) That this Council, recognised and believing in its role as a caring employer, and seeking to provide in all the Council’s premises an environment conductive to healthy living will endeavour:

(a) to protect the freedom of choice of the individual, in particular by allowing smokers to exercise their right to smoke without undue pressure from non-smokers their right to clean air, and

(b) to allow everybody the basic right to follow their daily routine without being exposed to the hazards to health inherent in a smoky environment.

(2) That the Chief Executive be instructed to identify in consultation with the Trades Unions, segregated defined areas throughout the Authority where smoking will be permitted, thereby creating smoke-free conditions as the recognised standard, thus ensuring that employees’ health is protected as a matter of urgency.

(3) That this Council adopts a policy of “No Smoking” at all meetings of the Council’s committees, sub-committees, select committees and formal advisory groups, but that a break of say five minutes per hour be allowed for those wishing to smoke away from the committee room in the appropriate designated areas.

2 On 22 September 1988 the Health Advisory Group drew attention to this resolution and asked all managers to so arrange matters in the premises for which they are responsible that the spirit of the resolution be observed.


SS/26FEB/2

3 From 1 November 1988 the following guidelines will be adopted in Provincial House:

(a) Smoking will be banned in the meeting rooms. It is the responsibility of the organiser of the meeting to arrange suitable breaks.

(b) Individual Assistant Directors/Principal Officers to decide whether to ban smoking in their own offices. But no smoking in these offices when used for arranged meetings.

(c) No smoking in lifts and toilets.

(d) No blanket ban to be enforced in open plan work areas. But groups of staff would be encouraged to put up “no smoking” notices. Priority to be given to non-smokers if conflict arose. In this way it is hoped to move to a situation where there would be a voluntary ban on smoking in the whole of Provincial House.

4 Many school bases staff have asked about the implementation of the Council’s resolution in schools. It is difficult to set out recommendations that would suit all the different conditions met within the Authority’s schools, but the following guidelines are suggested:

a) A ban on smoking in all working/teaching areas, including laboratories and workshops.

b) A ban on smoking in all dining rooms, corridors, lifts and toilets.

5 Staffroom facilities vary in different schools. In large schools it should be possible to have certain “rest” areas designated as non-smoking areas. Non-smokers should not be asked as part of their professional duties to attend meetings etc in areas where other members of staff are allowed to smoke.

6 Headteachers should come to amicable arrangements within schools after consultation with colleagues and the professional associations.


MANAGEMENT AND PLANNING DIVISIONDirect 0274 752537Your ref:Our ref: E1/EP/PS/JW/L2

October 1989

Dear Head

CONTACTS WITH THE MEDIA

There has been a big increase in recent months in the number of approaches

made to schools by representatives of the media seeking comments on news

items and frequently involving filming and participation in programmes. It is the

Authority’s normal position to co-operate wherever possible with the media in the

belief that the District has much to be proud of in its schools and that publicity for

these achievements is to be welcomed.

Inevitably there are difficulties which can arise from adopting such a policy of co-

operation and of necessity there are certain guidelines which the Authority would

wish schools to follow in such contracts. These guidelines are as follow:-

(1) If you are contacted by a representative of a TV company about the

school’s participation in a programme/or for filming to take place in the

school, you are advised to contact the appropriate Assistant Director

prior to responding to the request.

(2) You should consult your staff about the schools participation in any

programme/filming especially if this involves the filming of lessons in

progress and individual members of staff. It is recognised that this could

be difficult where large staffs are involved and a speedy reply to a

request is required.

It is suggested, therefore, that the various union/association

representatives should be consulted on behalf of their members where

full consultation is not possible. If specific members of staff are to be

filmed they should be consulted individually.


(3) The school must respect the wishes of any teacher who specifically

states that he/she does not wish to be filmed.

(4) The final decision as to whether a school takes part in a programme or

not must be for the Headteacher to make but such decisions should give

full weight to the views of staff.

(5) You re asked to keep your Chairman of Governors informed of any

involvement in a programme.

If you have any queries about these guidelines, please contact your Assistant

Director.

Yours sincerely

Assistant Director 13 - Assistant Director 13+


EX GRATIA SCHEME – REVIEW PANEL

The Chairman of the above panel requests that all employees please note the following conditions attached to the above scheme –

“the panel will have regard to any contributory negligence or carelessness on the part of the claimant. Payment will not be made in cases where the claimant has been negligent or careless in looking after personal property or in carrying out work in a manner giving rise to the loss or damage”

for example –

THEFT

Payment will not be made in cases of theft of personal belongings where the claimant had made no reasonable security arrangements to prevent such theft. Leaving wallets in jackets behind unlocked doors, or handbags under desks or in unlocked staff rooms etc even in areas not generally available to the public is not considered a secure place for the purpose of this scheme.

DAMAGE

Payment will not be made in cases of damage to personal clothing or possessions where the claimant has not taken reasonable precautions to prevent such damage. The panel will have regard to circumstances where protective clothing was available but not worn, where the wearing of expensive clothing or use of valuable personal equipment was inadvisable in the circumstances giving rise to the loss/damage and where valuable personal equipment is left overnight or at holiday time in unoccupied premises.

SPECTACLES

Having regard to the above payment for loss or damage incurred during the employment of the claimant will normally be restricted to 50% of the cost of repair/replacement or £25 whichever is the lesser amount.

MOTOR VEHICLES

The panel are prepared to consider claims for damage to motor vehicles where the claimant could lose a ‘No Claims Bonus’ by reason of accident or other damage occurring during the course of employment.

Additional conditions apply –

1 that at the time of the accident the vehicle was being used on official Council business


2 that the claimants own insurers have confirmed that the ‘No Claims Bonus’ will be prejudiced as a direct result of the damage

3 that the damage sustained was not the result of negligence or carelessness of the driver in causing the accident

4 where the claimant or the insurers are unable to recover the cost involved from a third party subject to the claimant being able to show that liability rests with a third party.

Payment will not be made in cases of damage/loss however incurred for vehicles used for the purpose of commuting. This applies to all claimants irrespective of the type of user allowance. Vehicles parked on car parks, designated areas, or unofficial car parks will not be considered except where the vehicle is being used for official business and not normally parked in the area.

All claims other than those above should be pursued in the normal way as a member of the public and not submitted to the Ex Gratia payment scheme.

Where a claimant is successful, payment will be in a single lump sum not exceeding £50.

In all cases a claimant will not be put in a better position than prior to the loss or damage being incurred. The panel will have regard to the market value, age and wear and tear of the article and reserve the right to have sight or and retain the article in question if required.

E1/EP/PS/CEMexgratia.ret23 February 1990


CITY OF BRADFORD METROPOLITAN COUNCILDRAFT

LIVING AND WORKING WITH HIV AND AIDSCity of Bradford Metropolitan Council

Policy

This Council is committed to equality of opportunity in its employment and delivery of service. It is also committed to promoting and protecting the health of its employees and the people of the district. It intends to ensure that individuals who are HIV antibody positive, who have HIV related illness or AIDS do not experience discrimination in employment or as receivers of Council services.

THE HUMAN IMMO DEFICIENCY VIRUS (HIV), OR OTHER CAUSATIVE AGENTS, THAT CAN LEAD TO HIV ILLNESS AND THE ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS), CAN BE FOUND IN BLOOD, SEMEN AND VAGINAL FLUIDS. THE VIRUS IS TRANSMITTED BY DIRECT BLOOD TO BLOOD CONTACT AND BY INTIMATE SEXUAL CONTACT. A PREGNANT WOMAN INFECTED WITH THE VIRUS MAY PASS IT TO HER CHILDREN DURING PREGNANCY OR POSSIBLY THROUGH BREAST FEEDING. THER IS, THEREFORE, NO RISK OF BECOMING INFECTED THROUGH SOCIAL OR ROUTINE WORK CONTACT WITH PEOPLE WHO ARE HIV ANTIBODY POSITIVE WHO HAVE AN HIV RELATED ILLNESS OR AIDS.

This Council recognises that we live in a society where the impact of HIV and AIDS on our personal and professional lives grows daily. Our perception of the importance of the issue changes as national and local publicity increases and decreases. The reality, however, is that HIV infection, related illnesses and AIDS are with us now.

This Council, as an employer, is fully aware of both its moral and statutory responsibilities to employees and clients. It recognises its obligations to do all that is reasonably practicable to prevent risks to the health and safety at work of all its employees and to people affected by the Council’s activities.

This statement complements existing policies and procedures and should not be seen as a substitute for them.

Employment

There will be no discrimination in recruitment against any internal or external applicant on the grounds that she/he is HIV antibody positive, has HIV related illness or AIDS.

No applicant will have an offer of work withdrawn nor will any employee be denied training or promotion opportunities because they are HIV antibody positive or have N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

HIV related illness or AIDS.

If it becomes known that an employee is HIV antibody positive or has HIV related illness or AIDS, the Council will ensure the provision of adequate support and counselling and make any reasonable arrangements for that person to continue work.

Employees who are HIV antibody positive or have HIV related illness or AIDS will only be considered for redeployment at their own request and will not be prevented from continuing work, except where they are found to be medically unfit through the standard procedure of referral to the Occupational Health Unit.

Employees who are HIV antibody positive, have HIV related illness or AIDS will be given time off in the usual way to attend hospital or clinic. Consideration will be given to requests for special leaver from this who, either personally or professionally, have responsibility for caring for people who are HIV antibody positive, have HIV related illness or AIDS.

As there is no risk of infection from HIV through routine work contact, employees will be expected to work with a colleague, pupil or client who may be HIV antibody positive or have HIV related illness. Furthermore, the Council is confident that employees will give as much support in such a situation as they would wish to receive in similar circumstances.

NO EMPLOYEE OR APPLICANT WILL BE REQUIRED TO TAKE ANY HIV ANTIBODY OR ANTIGEN TEST.

Service Delivery

No-one will be denied a service to which she/he is entitled on the grounds that she/he is HIV antibody positive, has an HIV related illness or AIDS.

In the best interests of their clients and themselves Directorates will review all practices to produce specific guidelines ensuring that all providers of services are adequately informed about HIV and related issues and that service availability and delivery is appropriate to the needs of clients who are HIV antibody positive, have HIV related illness or AIDS.

Confidentiality

The Council will not require those employees, applicants or receivers of service who are HIV antibody positive, have HIV related illness or AIDS to disclose this information.

Should the fact become known that an employee, applicant or receiver of Council services is HIV antibody positive, has HIV related illness or ASIDS then strict confidentiality will be maintained and the information only passed on with the agreement of the person who is HIV antibody positive, had HIV related illness or AIDS.


BREACHES OF CONFINDENTIALITY WILL BE REGARDED AS GROSS MISCONDUCT AND WILL BE DEALT WITH UNDER THE EXISTING DISCIPLINARY PROCEDURES.

Counselling and Support

The Council recognises the importance of the provision of a Counselling Service for all its employees. As essential part of this confidential service offers opportunities for counselling and support to those directly or indirectly affected by HIV. Initial contact can be made through the Occupational Health Unit or Social Services. The Council also recognises that individuals may prefer to approach an external counselling service in which case consideration will be given to leave of absence.

The Council supports the right of all its employees to have access to good information about HIV, AIDS and associated issues. It recognises that fears and prejudices in relation to HIV and AIDS need to be addressed. To meet these needs the Council will ensure that training and information on the nature of the virus, HIV related illness, the modes of transmission, methods of prevention and awareness of related issues are readily available to all employees and will continue to provide responses to further training needs as they arise.The Council will ensure that all employees comply with their Health and Safety at Work responsibilities and will maintain safe working practices within the Authority.

Implementation of the Policy

The Council will ensure that its employees work to implement this policy in a coordinated and consistent way.

The Council will update this policy as new information becomes available.

The Council will endure that Trade Unions are consulted on the implementation and further development of this policy and that their active involvement is sought.

The Council will continue to work closely with the District Health Authority, other statutory bodies and non-statutory organisations on HIV infection, HIV related illness or AIDS.

D F HolmesChief Executive17 March 1989

A27681/per


PROCEDURE FOR THE ELECTION OF TEACHER AND SUPPORT STAFF GOVERNORS

(Local agreement - January 2002)

Introduction

Teachers are entitled to elect one or (where appropriate) two representatives to a schools' governing body, according to the constitution of the particular governing body. Support staff are entitled to elect one representative as determined by the instrument of government to all governing bodies except where the constitution of a particular governing body for a school of fewer than 100 pupils does not provide for any such representation. Under Schedule 4 of the Education (School Government) Regulations 1999 these governors are designated as Teacher Governors and Staff Governors, respectively.

It is essential that the elections of teacher and staff representatives to schools' governing bodies are conducted fairly and are seen to be conducted transparently.

The following procedural arrangements apply to the election of all teacher and staff governors and replace the agreements made with the Teachers' OJC in 1986. It has been agreed by the relevant OJCs that these procedures should be followed when electing teacher and staff governors whenever there is a vacancy.

1. Headteachers

Headteachers have the right to an ex-officio seat on the school governing body.

Although Headteachers may stand for election as teacher governors, it is strongly advised that it is inappropriate for them to do so as the election of a Headteacher as a teacher governor would deprive teachers of full representation on the governing body.

2. The Returning Officer and Assistant Returning Officer

a) The Returning Officer will normally be the Headteacher, except where s/he has decided to stand for election or the electorate decides otherwise. The Assistant Returning Officer will normally be the senior member of the school support staff, except where s/he has decided to stand for election or the electorate decides otherwise.

b) The Returning Officer will initiate the election procedure on behalf of the Authority.

c) Where the majority of the staff eligible to vote agree, another member of the school's staff may act as Returning Officer, or Assistant returning


Officer, but that person will not be eligible to stand for election.

d) The roles of Returning Officer and Assistant Returning Officer will not remove the person's eligibility to vote in an appropriate election.Headteachers may wish to consider whether it is appropriate to exercise their votes in teacher governor elections.

3. Term of Office

The term of office of all governors is four years after the date of his or her election. In the event of a teacher or staff governor leaving a school's employment the governorship will terminate automatically. Teacher or staff governors cannot be removed by their colleagues during the term of office.

4. Eligibility to Stand for Election

Any teacher at the school or any staff member employed under a contract of employment or a contract for services to work at the school may be nominated for election to an appropriate seat on the governing body. Eligibility to stand for election will be irrespective of whether the person holds a permanent post or a temporary post (minimum of one term or more), or works full-time or part-time, or is otherwise engaged to provide services to the school.

As an eligible member of the teaching staff the Headteacher may decide not to take up the ex-officio seat on the governing and may, alternatively, seek election to the governing body as a teacher representative. However, schedule 9 of the Education (School Government) Regulations 1999 provides that "at any time when the Headteacher is a governor, he shall be treated for all purposes as being an ex-officio governor". This has the effect that a Headteacher who is elected as a teacher governor would not actually be able to represent teachers.

In Community, Community Special and Voluntary Controlled schools it is for the LEA to determine for the purposes of governor elections any question of:

whether a person is a teacher at the school

(The LEA will normally regard any person employed on teachers' rates of pay and under teachers' conditions of service, and who is under the direction of the school's management, as eligible to stand for election as a teacher governor. Headteachers and Consultant Headteachers working at the school are regarded as being teachers at the school and so eligible to participate in elections for teacher governors.)

whether a person is employed under a contract of employment or a contract for services to work at the school, other than as a teacher

(The LEA will normally regard any person employed at the school on pay N:\Quality Management\Controlled Documents and Document Register\Human Resources Advisory – Schools\Local Conditions of Service for Teachers HRAS044 Version 1 Issue Date: 12/04/2010 UNCONTROLLED WHEN PRINTED of 217

and conditions of service other than those that apply to teachers, and who is under the direction of the school's management, as eligible to stand for election as a staff governor)

In cases where there is uncertainty about the eligibility of any person to stand for election as a governor the matter should be raised in writing with the Chief Education Officer to seek a determination by the LEA.

In Foundation and Voluntary Aided schools it is for the governing body to make the determinations on a candidates' eligibility to stand for election to the governing body.

5. Eligibility to Nominate and Vote

a) Any person employed in the school on permanent contract will be eligible to make nominations and vote (for elections in which they are entitled to participate) irrespective of whether their contract is full or part-time.

b) Any member of staff employed in school on a temporary contract for one full term or more is eligible to make nominations (for an election in which they are entitled to vote) and vote irrespective of whether such contract is full or part-time.

c) Wherever possible the Returning Officer should make arrangements to ensure staff who are absent from school are fully able to make a nomination and vote in the election. Such arrangements should as far as reasonably possible enable those absent on sick leave, holiday, secondment, maternity or paternity leave to vote by postal ballot. Postal votes must be received before the close of ballot.

5. Nominations(a)

The Returning Officer will make nomination forms available and will give at least three working days notice of the date by which nominations are to be received by him or her together with information about the election procedures and the eligibility of staff to take part. Each eligible member of staff should receive these details in writing with a copy displayed prominently on the staffroom notice board.

(b) Candidates must be nominated by one other person who is eligible to vote at the election - except where there are fewer than 10 eligible voters at the close of nominations in which case self-nomination by candidates is acceptable.

(c) Any nomination should be made in writing and be signed by both the proposer (if applicable) and the nominee. A model nomination form is provided with this procedure. Forms should be returned to the Returning Officer by the date he or she has prescribed.

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(a) If the number of nominated persons is equal to or less than the number of vacant governorships, the nominated person, or persons, will be deemed to be elected unopposed. Where there are more nominations than vacancies an election must take place.

(b) In the event of an election being necessary the Returning Officer (or Assistant Returning Officer) will issue one ballot slip and two envelopes (A and B) to each member of staff eligible to vote. Envelope B should be marked by the Returning Officer (or Assistant Returning Officer) with the name of the voter. Envelope A should be unmarked. Information printed on the ballot slip should specify the date of the election for which at least five working days notice should be given. A model ballot slip is provided with this procedure.

(c) Each voter may cast up to the same number of votes as there are vacancies, using a single ballot slip.

(d) The Returning Officer shall make arrangements for a sealed ballot box to be placed in the school staffroom, office or other secure place throughout the appointed day.

(e) Staff eligible to vote will complete the ballot slip and place it inside envelope A. Envelope A is then to be inserted by the voter into envelope B which is then placed in the ballot box. Reasonable precautions should be taken to ensure that the secrecy of voting is preserved.

(f) The count must be made immediately on collection of the ballot box by the Returning Officer and Assistant Returning Officer at the appointed time. This will normally be at the close of school, as specified. The count will proceed as follows:

The Returning Officer will empty the ballot box in the presence of the Assistant Returning Officer and will check the names on the "B" envelopes for eligibility to vote. In the case those eligible to vote, the "A" envelopes (containing the enclosed ballot slips) will be returned to the ballot box and the "B" envelopes discarded. Any B envelopes that do not appear to come from eligible voter should set aside, unopened. This process is to ensure the integrity and secrecy of the ballot.

The ballot box should be emptied and the ballot slips removed from the "A" envelopes.

The votes cast for each candidate should then be counted and the results entered on to the "notice of results" form.

All candidates should be invited to be present when the count in


made.Any member of the eligible electing staff may attend if they wish.

(g) All ballot slips will be made available for verification by the candidates.They will, however, be retained by the Returning Officer in a secure place for a period of at least six months (excluding school holidays) after the date of the count.

(h) In the event of a tie a new election will be necessary and the Returning Officer should repeat the whole process outlined above. In cases of multiple election, any tie for 2nd place will not inhibit the position of any clearly elected 1 st place candidate so that subsequent re-election will only involve the tied candidates.

(i) The Returning Officer will notify eligible members of staff of the name of the elected candidate/s by placing a copy of the notice of results on the staffroom noticeboard. The Returning Officer will also inform the School Governor Service and the Clerk to the Governing Body. A model form for the notification of the election results is provided with this procedure.

8. Sources of further information, support and advice

Matters relating to eligibility to stand for election should be referred to the Chief Education Officer for a decision, except in Voluntary Aided and Foundation Schools where the governing body determines eligibility.

Advice on procedural matters is available from the Human Resources Serviceof Education Bradford. Advice on the legal and regulatory framework for management of school governing bodies is available from the School Governor Service of Education Bradford.

Date of agreement


TEACHER/STAFF GOVERNOR ELECTION NOMINATION FORM

SCHOOL:................................................................................ .

Nominated Candidate:................................................................................ .

I confirm that I am a member of the TEACHING / SUPPORT STAFF (please delete as appropriate) and am eligible to stand in the election according to the conditions set out in my conditions of service handbook.

Signature …………………………………………………………..

Date: ………………………………………………………….

Name of Proposer: …………………………………………………………..

I confirm that I am eligible as a permanent (or temporary for at least one full term or more) member of the TEACHING / SUPPORT STAFF (please delete as appropriate) to nominate candidates for the election to the office of staff governor.

I hereby propose the nomination of the above named person as a candidate for election as a TEACHER/SUPPORT STAFF governor (please delete as appropriate) .

Signature:................................................................................ .

Date:................................................................................ .

NOTE:

Where the number eligible voters is less than 10 candidates no proposer is required and therefore candidates may self-nominate. Information on the number of eligible voters is available from the Returning Officer.


SCHOOL GOVERNOR ELECTION - BALLOT SLIP

SCHOOL:.................................................................................................................

OPENING OF BALLOT:.........................

CLOSE OF BALLOT............................

CA TEGORY OF GOVERNORSHIP: ....................................................................

NUMBER OF VACANCIES BEING CONTESTED:... ... ............... ......... ...... ... .------------------------------------------------------------------------------------------------------------

YOU HAVE ONE VOTE FOR EACH VACANCY.

List of Candidates in alphabetical order:

....... .... .... .... ..... ................ ............... □

....... .... .... .... ..... ................ ............... □

....... .... .... .... ..... ................ ............... □

....... .... .... .... ..... ................ ............... □

....... .... .... .... ..... ................ ............... □WHEN YOU HAVE COMPLETED THE BALLOT SLIP PLACE IT INTO "ENVELOPE A AND SEAL THE ENVELOPE. (ENVELOPE A SHOULD NOT BE MARKED)PLACE "ENVELOPE A" INSIDE "ENVELOPE B" AND PLACE "ENVELOPE B"IN THE BALLOT BOX. (ENVELOPE B SHOULD HAVE YOUR NAME ON IT TO IDENTIFY YOU AS AN ELIGIBLE VOTER)


SCHOOL GOVERNOR ELECTION – NOTICE OF RESULTS

SCHOOL:..... .......... ............. ... .... ......... ... ... ...... ........ ................. ..........................

DATE OF ELECTION:...................................................................................................

CATEGORY OF GOVERNORSHIP: .....................................................................

List of Candidates: Number of votes: Result(delete as appropriate):

.. .................... ..... ..... ......................

. .. ..... ....... ...... .... Elected / not elected

.. .................... ..... ..... .................... . ..... ....... ...... .... Elected / not elected









Number of spoiled ballot slips: . ..... ....... ...... ....

Number of ineligible ballot slips: . ..... ....... ...... ....

We hereby confirm that that the above results are a true count of the ballot

Signed:........ ... ...................... .................................. Returning Officer

Date:................................ ............................ .......

Signed............. ...................................................... Assistant Returning Officer

Date:............... ........ ............................................
