Out-Of-School-Hours Learning Activities

NUT GUIDANCE: OUT OF SCHOOL HOURS LEARNING ACTIVITIES (2014-15)

This document sets out the NUT’s guidance on the pay and conditions implications of teachers’ participation in out-of-school-hours learning activities.

The NUT recognises the potential benefits to pupils of such out-of-school-hours activities, but is concerned to see that they are arranged in a way which preserves teachers’ rights to choose whether or not to be involved. Where teachers do choose to participate, the NUT is anxious to ensure that they are properly remunerated, that no unreasonable demands are made of them and that matters such as insurance are given proper attention.

PROVISIONS GOVERNING PAYMENT FOR OUT-OF-SCHOOL-HOURS LEARNING ACTIVITIES

The School Teachers’ Pay and Conditions Document (STPCD) includes a specific provision permitting payments to be made to classroom teachers for participation in out-of-school-hours learning activities (para 26.1 of the 2014 STPCD). Accompanying DfE guidance on the provisions is included in Section 3 of the 2014 STPCD at para’s 59 60-63 and 68.

The STPCD allows payment for out-of-school-hours learning activities to be made at the discretion of the governing body where the activity takes place outside a teacher’s 1265 hours of directed time. The level of payment is also at the discretion of the governing body and should be set out in the school’s pay policy. The DfE statutory guidance shows that teachers’ involvement in any out-of-school-hours learning activity is entirely voluntary. The NUT would argue, therefore, that such activity cannot be counted as directed time and that teachers should be paid for the additional work.

Headteachers and deputy headteachers are not eligible for payment for out-of-school-hours learning activities.

TYPES OF OUT-OF-HOURS ACTIVITY ELIGIBLE

The 2014 STPCD Section 3 guidance does not set out the types of activities for which payment might be made. Previous DfE guidance however did and said that activities for which payments might be appropriate could include: ‘breakfast clubs; homework clubs; summer schools (study support, literacy and gifted and talented); sporting activities; other outdoor activities; and clubs linked to curricular, arts and hobby interest areas’ (para 99 of 2002 STPCD guidance).

RATES OF PAYMENT FOR OUT-OF-HOURS ACTIVITIES

The STPCD Section 3 guidance recognises that teachers’ agreement to undertake such activities outside normal school hours must be on a voluntary basis. No teacher should be put under pressure to participate nor should schools be pressurised by LAs to be involved. Of course once a teacher has agreed to undertake an activity over a period of time, the teacher would then be obliged to complete the course.

The NUT believes that payment for classroom teachers who agree to participate in these schemes should be made at a daily or hourly rate calculated by reference to the teacher’s actual spine point salary or by reference to a uniform notional spine point salary which would most appropriately be the maximum point of the Main Pay Range. These recommended payment rates draw upon those specified for participation in INSET at weekends and during school holidays in the joint NEOST/teacher organisations advice on that area. Where the activity involves an increase in the individual teacher’s responsibilities, this should be reflected by payment for the activity being on a higher spine point.

The DfE and Teachers’ Pensions consider that payments made for out-of-school-hours learning activities are eligible for superannuation contributions.

CONTRACTS FOR OUT-OF-HOURS ACTIVITIES

The NUT believes that once a classroom teacher has agreed to participate in out-of-hours activities the agreement should be documented to make clear the details of what is expected and the entitlement to payment. Some contracts for this type of work may be ‘one off’ relating to a single activity and may be documented in the form of a memorandum stating the work required and the payment to be made.

Other activities to be repeated over a period of time, say a summer literacy school or a homework club over the course of a term or a year, should be fully documented as contracts of employment, additional and separate from the teacher’s main contract.

Governing bodies are not permitted to enter into contracts of employment and these additional contracts should therefore be organised and issued by local authorities. Matters such as tax, social security contributions and insurance must be given proper attention.

These contracts should also set down clearly the working time obligations and other relevant conditions of service, such as the period of notice which may be required for the teacher to give up this work and the arrangements, if any, for cancellations of the activity and any cancellation payments. Provisions to deal with these issues may, where relevant, mirror those of short-term teaching contracts.

LOCAL AUTHORITY POLICY GUIDANCE TO SCHOOLS

NUT Divisions should ensure that their local authority’s policy guidance to school governing bodies on school salary policies and use of pay discretions incorporates the above points of NUT policy.

PART-TIME TEACHERS

Part-time teachers are covered by specific pay and working time provisions in the Pay and Conditions Document. There is no reason why separate contracts may not be given to part-time teachers for out of hours activities if they wish to undertake them. These may be additional part-time contracts specifically tailored to the activity intended to be covered.

NUT

Advice, Policy and Campaigns Dept.

Pay, Conditions & Bargaining Section

September 2014