CONDITIONS OF SERVICE
CONTENTS
ParagraphPage
1Foreword 3
2Contract of Employment 5
3Definitions 6
4Pay; Appointment; Resignation;
Ill Health Dismissal; Retirement; Maternity notice 8
5Complaints/Grievance Procedures
- Individual and Collective (Recommended) 12
6 Disciplinary and Dismissal Procedures(Recommended) 33
7Fixed Term Contract Dismissal (Recommended) 48
8 Temporary (Acting) Allowances 52
9Leave of Absence for Sickness/Maternity/
Paternity/Adoption/Adoptive Paternity/Parental Leave
Examinations/Public Duties/Jury Service/Special
Circumstances 54
10Medical Examinations 78
11Conditions of Employment for
Headteachers, Deputy Headteachers, Assistant Heads
ASTs and Teachers 79
12Insurance for Teachers 80
13Travelling Allowances 86
14Superannuation 89
Appendices
1Legislation Affecting Teachers’
Conditions of Service; 90
(a)Statement of Main Particulars
(b)School Standards and Framework Act 1998
(c)Induction
2Medical Fitness of Teachers
and of Entrants to Teacher Training109
3Facilities for Union Representatives 118
4Assaults on Teachers123
5Premature Retirement/Redundancy
Compensation127
6Health and Safety Agreement146
7Job Share Scheme (Recommendation Only)152
8Local Agreements148
Foreword
1
1.1Since 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.
1.2This 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.
1.5Teachers 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.
1.6From time to time the Council issues Local Administrative Memoranda which may be relevant to the General Scheme.
1.7Teachers 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 2CONTRACT OF EMPLOYMENT
2.1The 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 3DEFINITIONS
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.
3.4.1Those teachers falling within category (a) above shall be covered by paragraphs12 and 14.
3.4.2Those 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.
3.7Any 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 Term1 September to 31 December
Spring Term1 January to 30 April
Summer Term1 May to 31 August
Paragraph 4PAY; 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.
4.1.1Method 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.
4.1.2Appointment
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.
4.1.3Resignation:
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 precedingthe 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 precedingthe 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.
4.1.4Part-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:
4.2.1All 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.
4.2.2Notwithstanding 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.
4.3Medical Grounds:
4.3.1The 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.
4.3.2Ill 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.
4.4Retirement:
4.4.1The 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.
4.5Maternity:
4.5.1A 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.
4.6Dismissal 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 5COMPLAINTS PROCEDURES FOR STAFF
EMPLOYED IN SCHOOLS
CONTENTS
Section 1APPLICATION
Section 2PURPOSE
Section 3TYPES OF COMPLAINT
Section 4HANDLING EMPLOYEES COMPLAINTS – STATEMENT OF PRINCIPLES
Section 5ACCOMPANIMENT AND REPRESENTATION
Section 6PROCEDURE FOR GRIEVANCE COMPLAINTS
Section 7COLLECTIVE DISPUTES PROCEDURE
Appendix 1Flow Chart for Formal Procedures for Employee Grievances
Appendix 2Flow Chart for Formal Procedures for Headteacher
Grievances and grievances against Headteachers
Section 8PROCEDURE FOR COMPLAINTS OF HARASSMENT, BULLYING AND DISCRIMINATION
Section 9RESTORING WORKING RELATIONSHIPS
Section 10DISCIPLINARY IMPLICATIONS
Appendix 3 & 4Nominating investigating Governors
Recommended Procedures for harassment, bullying
and discrimination Hearings/Appeals Hearings
- APPLICATION
1.1This 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.
- 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:-
3.1Grievance
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
3.2Complaint 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.
3.3Complaint of Bullying
Bullying is the misuse of power, position or situation which has the effect of intimidating, humiliating or undermining an employee.
3.4Complaint 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
4.1The 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.
4.2The management representative/s will deal with complaints expeditiously and objectively, and in the event of delays will be give reasons to all parties.
4.3In considering evidence relating to a complaint the management representative/s will apply the “balance of probabilities” standard of proof.
4.4A 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.
4.5In 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.
4.6In 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.
- 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.