Core Contracts for Fixed Terms Workers. Advice note for Headteachers. Bucklebury CofE Primary School

Transcription

1 Bucklebury CofE Primary School Core Contracts for Fixed Terms Workers Advice note for Headteachers Reference: HRSchCC Version No: 1.0 Issue Date: June 2010 Classification: Document Control Document Ref: HRschCC Date Created: June 2010 Version: 1.0 Date Modified: Revision due May 2013 Author: Human Resources West Berkshire Council Sign & Date: Change History Version Date Description Change ID 0.1 Related Documents Reference Title Tier Use of Temporary Staff in Schools advice note for Headteachers Page 1 of 6

2 Contents 1. Purpose What are Core Contracts and what are the benefits? Roles and Responsibilities The process for introducing Core Contracts... 4 Page 2 of 6

3 1. Purpose 1.1. The purpose of this document is to provide guidance to schools on the use of core contracts for staff employed on a fixed term contract, where the contract is likely to be on-going and extend beyond one year The principle of utilising core contracts is to provide each employee who is likely to be employed on a fixed term contract for more than one year with a permanent contract of core hours. 2. What are Core Contracts and what are the benefits? 2.1 Support staff are often employed on fixed term contracts because of the uncertainty of pupil numbers and/or funding. As an alternative, a school can chose to utilise core contracts. Support staff are offered permanent employment contracts, with a core number of hours worked on a permanent basis. The basis of the employment relationship therefore shifts from fixed term to permanent. 2.2 Although employees will be working on a permanent basis, where there is a short term need for staff to work additional hours, the school can retain flexibility by offering temporary hours over and above the hours specified in the core contract. This can be up to a full academic year. 2.3 When these additional temporary hours end, the employee continues to undertake his/her contracted core permanent hours. There is no dismissal situation, as the employee continues to be employed, so the school avoids the potential for an unfair dismissal claim. 2.4 Use of core contracts has increased In recent years, as the use of fixed term contracts has become increasingly regulated by employment law. For example When a fixed term contract ends, this constitutes a dismissal in law. Where an employee is not re-engaged, or is re-engaged on different terms (e.g. reduced hours), a school risks the potential for an unfair dismissal claim and/or a claim of unfair treatment under the Fixed term Employees Regulations. Where a fixed term contract ends, or a new one offered on reduced hours, and the expiry of the contract/reduction in hours meets the definition of redundancy, a redundancy payment may be due where the employee has continuous Local Government service of more then two years. (See guidance on temporary workers) Where an employee has a succession of fixed term contracts extending beyond four years without a break in service, the contract will become permanent from the date the employee acquires four years service Utilising core contracts can help schools to avoid some of the risks associated with using fixed term contracts and help avoid potential redundancy situations. These Page 3 of 6

4 risks are particularly high in situations where staff are being offered a succession of fixed term contracts Utilisation of core contracts is also attractive to support staff, who have the security of a permanent contract, and this in turn can help the school manage both recruitment and retention It should be noted, the use of core contracts will not be appropriate in all cases and schools will still have the need to recruit staff solely on a fixed term basis, for example, to cover a maternity absence. 3. Roles and Responsibilities 3.1. The headteacher has overall responsibility for ensuring that this guidance is managed appropriately Headteachers are responsible for determining the appropriate level of hours contained in contracts, and the appropriate split between permanent and temporary hours Headteachers are responsible for consulting with individual staff members and for ensuring employment contracts are amended accordingly Human Resources staff are responsible for: Providing advice to school managers on the implementation of this guidance and for encouraging the use of core contracts. Assisting schools to identify the appropriate number of hours to be offered to each individual as core and temporary Producing amendments to employment contracts, where schools buy-in to the West Berkshire Council Human Resources service. 4. The process for introducing Core Contracts 4.1. To introduce core contracts to existing staff, the school should determine the core hours for each member of support staff. Records of the individual s working hours over the period of their employment are helpful in establishing an employment pattern These core hours will form the basis the permanent contract so should represent the minimum number of hours the school would expect that employee to work yearon-year. The school will therefore need to ensure these hours are affordable and sustainable for the foreseeable future When introducing core contracts to existing staff, the Headteacher must have a one to one consultation meeting with each staff member, advising them of the proposal Where a member of staff is transferring onto a core contract, an employment contract must be generated. Where the school buys in to the West Berkshire Page 4 of 6

5 Council Human Resource service, an ED11 should be completed and sent to the Human Resources Recruitment team Where the school has a need to increase the number of support hours for a specified period of time, additional hours can be offered to staff on a temporary basis, to be worked in addition to the hours specified as permanent hours in the core contract. The temporary hours would be recorded as a temporary amendment to the employment contract, with the employee informed by letter. Where the school buys in to the West Berkshire Council Human Resource service, an ED11 should be completed and sent to the Human Resources Recruitment team The additional temporary hours will cease at the end of the agreed period. However, because the core hours remain in place, there is no dismissal and therefore no potential unfair dismissal claim and no claim for a redundancy payment Additional hours should be negotiated fairly among all support staff to ensure no individual can claim he/she has been disadvantaged. In some cases, it may be appropriate to undertake a selection process, for example, where only a small number of additional hours are available and it is not practical to distribute the hours among a group of staff It is important to note the number of hours in the core element of the contract should be no less than any additional temporary hours otherwise when the temporary hours cease, the employee could face such a substantial drop in hours that it could be challenged as unfair, particularly where the additional hours have been continuing for some time Core contracts can only be implemented when an individual s fixed term contract comes to an end. Fixed term contracts cannot be changed part way through the contract period unless agreed by the employee Where an individual who has been employed on a succession of fixed term contract chooses not to accept a core number of permanent hours, the headteacher should take advice from Human Resources before employment is terminated to avoid any unnecessary risks associated with the termination of the fixed term contract Core contracts can be offered to new staff where the school has a clear need for the work to be undertaken for the foreseeable future (e.g. replacement of an outgoing member of staff with a core contract) Worked Example Mary has been working for the same school for three years as a Classroom Support Assistant. In the first year, she had a fixed term contract to work 15 hours per week. When this expired, she accepted a new fixed term contract for a further year to work 20 hours per week. In the third year, she accepted a new fixed term contract to work 12 hours per week. There was no break between these successive contracts and she had therefore acquired 3 years continuous service. The school decided to offer permanent core contracts to support staff. After looking Page 5 of 6

6 at Mary s records and the overall school needs, the school determined it would be able to offer Mary a permanent core contract of 10 hours per week, and Mary accepted this offer. In addition, the school was able to obtain short term funding for additional support staff hours, for two terms. Mary was offered a further 5 hours per week, taking her total working hours to 15 per week. This additional 5 hours per week was offered on a temporary basis for two terms, as an amendment to her employment contract. For this period, Mary s contracted hours were increased to 15 per week. At the end of the two terms Mary reverted to her 10 hours per week, as determined by her core contract. There was no dismissal or redundancy situation. WBC Model Guidance for Schools Core Contracts Approved by the Governing Body November 2010 Next review: November 2013 Page 6 of 6