Transcript Maternity, Paternity and Parental Leave

SUPPLY TEACHERS
CONFERENCE
7 MARCH 2015
Sam Oyebitan (Principal Official, Legal and
Casework)
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KNOW YOUR RIGHTS
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KNOW YOUR RIGHTS
What is my employment status?
Am I self employed or an
employee?
How do I know?
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KNOW YOUR RIGHTS
1. Have I been issued with:(a) a contract of employment; or
(b) a contract for service?
2. What if I have been issued with
two separate contracts by both
the Agency and Umbrella Co?
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KNOW YOUR RIGHTS
Law
And
Practice
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KNOW YOUR RIGHTS
Are there any legal protection for
supply teachers?
Agency Workers Regulations 2010
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AWR 2010
1. Applies to the tripartite relationship between:
•
•
•
Agency workers (supply teacher)
Temporary worker agency (recruitment
agency)
Hirer (the school).
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AWR 2010
2. The two main rights under Act are referred to
as:(a) “Day one” rights
(b) “Week 12” rights
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LEGISLATIVE FRAMEWORK
AWR 2010
Day one rights
1.
Right to be treated no less favourably than a
comparable employee or worker in the hirer’s
establishment in relation to “collective facilities and
amenities”, unless less favourable treatment is
objectively justified.
2.
Right to be informed of any relevant vacancies during
the assignment in order to be given the same
opportunity as a comparable worker to find permanent
employment with the hirer.
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AWR 2010
•
Collective facilities and amenities are:-
1. Canteen or other similar facilities
2. Child-care facilities
3. The provision of transport facilities.
Points to note:
1. Equal access to collective facilities and amenities is not
intended to extend to a right to all benefits a school
might provide to direct employees. For example, it does
not cover prayer room or car parking.
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AWR 2010
Points to note:
2. Objective justification – for instance, if the hirer
could show that he was seeking to achieve a
genuine business objective and the treatment is
a necessary and appropriate way of achieving
that objective, then the hirer has a defence to a
under the Day one right.
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AWR 2010
Week 12 rights
•
Entitlement to the same “basic working and
employment conditions” as they would have
been entitled to for doing the same job had
they been recruited by the hirer. However, this
entitlement does not apply until a supply
teacher has undertaken the same role,
whether on one or more assignments, with the
same hirer for 12 continuous calendar weeks
– the qualifying period.
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AWR 2010
Basic working and employment conditions are:
•
the relevant terms and conditions that are
ordinarily included in the contracts of
employees of the school.
Terms agreed
through collective agreement are included.
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AWR 2010
•
What are relevant terms and conditions?
1.
2.
3.
4.
5.
6.
Pay,
Duration of working time;
Night work;
Rest periods;
Rest breaks; and
Annual leave.
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AWR 2010
Calculating the 12-week qualifying period
Points to note:
• To be entitled to e.g. the same pay, a supply
teacher must work in the same role with the
same hirer for 12 continuous calendar weeks,
during one or more assignments.
• In calculating the 12 week qualifying period, the
clock is deemed to ‘pause’ and ‘reset’.
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AWR 2010
Week 12 rights
1.
When qualifying clock ‘pauses’:
•
a break for any reason which is not more than six
calendar weeks;
•
a break of up to 28 weeks because the supply teacher
is incapable of work because of sickness or injury;
•
any break which is for the purpose of taking leave,
including annual leave, to which the supply teacher is
entitled
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AWR 2010
Week 12 rights
•
a break of up to 28 weeks to allow the supply
the teacher to perform jury service; or
•
A break caused by a strike, lock out or other
industrial action at the hirer’s establishment.
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AWR 2010
Week 12 rights
1.
When qualifying clock ‘resets’:
•
the supply teacher starts a new assignment with a new
hirer;
•
the supply teacher remains with the same hirer but
starts a new substantively different role; or
•
there is a break of more than six calendar weeks
between assignments that the supply teacher
undertakes with the same hirer.
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AWR 2010
Points to note:
•
Qualifying period will be deemed to be ticking
for the whole duration of the assignment for:-
1. Pregnancy, childbirth or maternity up to 26
weeks after child birth; or
2. Where the supply teacher takes maternity,
adoption or paternity leave
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Enforcing the rights provided
by the AWR 2010
1. Breach of “Day one” rights:
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Written request to the school
•
School has 28 days to provide a response to
the written request.
•
Time limit for ET – 3 months less one day
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Enforcing the rights provided
by the AWR 2010
1. Breach of “Week 12” rights:
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Written request to the recruitment agency
•
Recruitment agency has 28 days to provide a
response to the written request.
•
Time limit for ET – 3 months less one day
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Enforcing the rights provided
by the AWR 2010
1. Legal remedies
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Q & A SESSION
QUESTION 1
•
How can we hold the umbrella company to
account for a breach of the week 12 rights in
so far as pay i.e. entitlement to the same ‘pay’
after 12 continuous weeks in the same role
with the same hirer?
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