News for Supply Teachers

The new Agency Worker Regulations 2010 came into force on 1st October this year. These provide additional employment rights for any supply teachers employed by an agency.

Who benefits?

The term ‘agency worker’ will cover supply teachers who are provided to schools by an ‘agency’ through an arrangement, whereby they are engaged and paid by the agency and do not become an employee of the school.   This is not the same as a teacher who is introduced to a school through an agency, but is then directly employed by the school.  

What are the new rights?

From day 1  of the assignment, agency teachers will get the right of  equal access to  collective facilities and  amenities such as childcare provision, canteen, etc. They will also have the right to receive information on vacancies. To show a breach of these rights, a claimant would need to show they had been treated less favourably than a directly employed teacher, doing the same type of work at the same school.

After 12 continuous weeks  in the  same ‘role’ with the ‘same hirer’, agency teachers will get the right to the same ‘basic’ pay and conditions as they would have got if they had been directly employed. ‘Basic’ only covers rates of pay, hours of work, rest breaks and annual leave.

Unfortunately it doesn’t extend to all other benefits such as pension, occupational sick pay, maternity pay, etc.   To show a breach of this right, a claimant needs to show s/he has received less favourable terms in comparison with those s/he ‘would’ have received if s/he had been employed direct.  The 12 weeks must be continuous although certain breaks  only ‘pause the clock and don't stop it.’ (e.g. school holidays, some sickness absence etc.)

You can download further detailed advice here