Appendix 2.8
From SNCT Handbook
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| - | == The SNCT Handbook of Conditions of Service == | + | === PART 2: APPENDIX 2.8 === |
| - | [[Table of Contents]] | ||
| - | === PART 2: APPENDIX 2.8 - CODE OF PRACTICE ON THE USE OF TEMPORARY CONTRACTS === | + | ===CODE OF PRACTICE ON THE USE OF FIXED TERM TEMPORARY CONTRACTS === |
| '''1. INTRODUCTION''' | '''1. INTRODUCTION''' | ||
| - | 1.1 The aim of this Code of Practice is to establish good practice on the use of temporary contracts. | ||
| - | 1.2 The SNCT recognises the important contribution made by temporary teachers, many of whom go on to hold permanent contracts. The SNCT believes that it is essential that temporary teachers are treated in the same way as permanent staff and given access to appropriate induction, training and support. | + | 1.1 The aim of this Code of Practice is to establish good practice on the use of fixed term temporary contracts. Fixed term temporary contracts will be issued for engagements which extend beyond 2 days. Teachers on fixed term temporary contracts will fulfil the full range of duties of teachers and will be engaged for 35 hours per week or on a pro rata basis according to the contract. |
| - | 1.3 The Code of Practice takes into account the Employment Rights Act 1996, as amended by the Employment Relations Act 1999 and the Employment Act 2002, as well as Part-Time Workers (Prevention of Less Favourable Treatment) and the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. | + | |
| + | 1.2 The SNCT recognises the important contribution made by teachers on fixed term temporary contracts, many of whom go on to hold permanent contracts. The SNCT believes that it is essential that teachers on fixed term temporary contracts are treated in the same way as permanent staff and given access to appropriate induction, training and support. | ||
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| + | 1.3 The Code of Practice takes into account the Employment Rights Act 1996, as amended by the Employment Relations Act 1999 and the Employment Act 2002, as well as Part-Time Workers (Prevention of Less Favourable Treatment) and the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. | ||
| '''2. PURPOSE''' | '''2. PURPOSE''' | ||
| - | 2.1 The purpose of the Code of Practice is to enhance the principles of a professional service by helping councils to manage their staffing requirements in a co-ordinated and structured way. This must be responsive to service needs whilst, at the same time, providing teachers with access to secure employment opportunities, wherever possible. | ||
| - | 2.2 The Code of Practice aims to ensure that employees on temporary contracts are not treated less favourably than permanent employees. | + | 2.1 The purpose of the Code of Practice is to enhance the principles of a professional service by helping councils to manage their staffing requirements in a co-ordinated and structured way. This must be responsive to service needs whilst, at the same time, providing teachers with access to secure employment opportunities, wherever possible. |
| - | 2.3 It is recognised that there will be teachers who may be employed on temporary contracts for significant periods of time. In such cases the letter of appointment must clarify the expected length of appointment. | ||
| - | 2.4 It is recognised that there will always be a requirement for short term temporary cover, and indeed there will always be teachers wishing to work on that basis. In order to achieve an element of consistency as well as giving staff security of permanent employment, councils are encouraged to consider the option of appointing permanent peripatetic teachers to work within groups or ‘clusters’ of schools. However, it is recognised that the need for additional ad hoc short-term cover will remain. | + | 2.2 The Code of Practice aims to ensure that employees on fixed term temporary contracts are not treated less favourably than permanent employees. |
| - | '''3. DEFINITIONS''' | + | 2.3 It is recognised that there will be teachers who may be employed on fixed term temporary contracts for significant periods of time. In such cases the letter of appointment must clarify the expected length of appointment or the event that will bring a contract to an end. |
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| - | The SNCT recognises two situations when a council may need a teacher to work other than on a permanent basis. These are set out below and apply irrespective of the number of hours worked. | + | '''3. Fixed-Term Requirement''' |
| - | 3.1 Fixed-Term Temporary Requirement | ||
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| - | 3.1.1 Where it is known from the outset the reasons for the temporary requirement and its likely duration, a temporary contract of employment will be issued, as soon as possible, specifying entitlement to pay and conditions of service and detailing the expected duration and reason for the appointment. | ||
| - | 3.1.2 The use of a fixed term temporary appointment may be made in a number of circumstances including the following: | + | The SNCT recognises that a council may need a teacher to work other than on a permanent basis. |
| + | |||
| - | * maternity leave; | + | 3.1 Where it becomes clear that the need for a temporary replacement is likely to be ongoing or lengthy, then the individual should be issued with a fixed-term temporary contract as set out in 3.2 below. |
| - | * parental leave; | + | |
| - | * adoption leave; | + | |
| - | * career break; | + | |
| - | * long term sickness absence; | + | |
| - | * secondment; | + | |
| - | * sabbaticals; and | + | |
| - | * staffing from time limited funding. | + | |
| - | '''3.2 Short-Term Temporary Requirement''' | + | 3.2 Where it is known from the outset the reasons for the temporary requirement and its likely duration or in circumstances set out in 3.1 above, a fixed term temporary contract of employment will be issued as soon as possible, specifying entitlement to pay and conditions of service and detailing the expected duration and reason for the appointment. |
| - | 3.2.1 In certain limited circumstances, teachers may be offered work on a short term temporary basis, generally with little or no notice, and usually on a day-to-day basis. In such instances there is no obligation on the council to provide work or on the teacher to accept the offer of work. In the short-term situation, teachers may be asked to provide cover for absences including the following: | ||
| - | * in-service training/staff development/working groups; | + | 3.3 A fixed term temporary contract will have a clear end date which relates to: |
| - | * special leave, for example, bereavement leave, jury duty; | + | |
| - | * paternity/maternity support leave; | + | |
| - | * short-term sickness absence; | + | |
| - | * trade union duties; and | + | |
| - | * SQA duties. | + | |
| - | 3.2.2 Where it becomes clear that the need for the temporary replacement is likely to be ongoing or lengthy, then the individual should be issued with a fixed-term contract as described in paragraph 3.1 above. | ||
| - | 3.2.3 Councils will need to ensure that adequate systems are in place to record the days/hours worked by temporary teachers, for pay purposes. | + | :• a specified expiry date; |
| + | :• the completion of a specified task; | ||
| + | :• the occurrence of a supervening event; | ||
| + | |||
| + | 3.4 The use of a fixed term temporary appointment may be made in a number of circumstances including the following: | ||
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| + | |||
| + | :• maternity leave; | ||
| + | :• parental leave; | ||
| + | :• adoption leave; | ||
| + | :• career break; | ||
| + | :• long term sickness absence; | ||
| + | :• secondment; | ||
| + | :• sabbaticals | ||
| + | :• staffing from time limited funding; and | ||
| + | :• pattern of recurrent work | ||
| + | |||
| '''4. RECRUITMENT''' | '''4. RECRUITMENT''' | ||
| - | 4.1 Every teacher recruited to undertake work on a fixed term or short term temporary basis will be appointed in accordance with that council’s recruitment procedures. | ||
| - | 4.2 Following this process, such teachers will be placed on a register of approved teachers maintained for these purposes. | + | 4.1 Every teacher recruited to undertake work on a fixed term temporary basis will be appointed in accordance with that council’s recruitment procedures. |
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| + | |||
| + | 4.2 Following this process, such teachers will be placed on a register of approved teachers maintained for these purposes. | ||
| '''5. TRANSFER TO PERMANENT STATUS''' | '''5. TRANSFER TO PERMANENT STATUS''' | ||
| - | 5.1 Movement to a permanent post will be open to temporary teachers through normal application. Temporary teachers should be provided with the same access to information on vacancies for permanent posts as is provided to existing permanent post holders. | ||
| - | 5.2 Transfer to a council’s permanent staff will also be through arrangements agreed by the LNCT. | + | 5.1 Movement to a permanent post will be open to temporary teachers through normal application. Temporary teachers should be provided with the same access to information on vacancies for permanent posts as is provided to existing permanent post holders. |
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| + | 5.2 Transfer to a council’s permanent staff will also be through arrangements agreed by the LNCT. | ||
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| + | 5.3 Under the Fixed Term Employees Regulations 2002 any temporary contract extended beyond four years will be made permanent, unless the authority can objectively justify not doing so. | ||
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| + | 5.4 Fixed term temporary employees should not be selected for redundancy on the grounds of their employment status. Any selection for redundancy must be objectively justified. | ||
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| + | '''6. SNCT HANDBOOK''' | ||
| - | 5.3 Under the Fixed Term Employees Regulations 2002 any temporary contract extended beyond four years will be made permanent, unless the authority can objectively justify not doing so. | ||
| - | 5.4 Fixed term temporary employees should not be selected for redundancy on the grounds of their employment status. Any selection for redundancy must be objectively justified. | + | 6.1 The pay, duties and hours of work of teachers on fixed term temporary contracts shall be set as for teachers (other than short term supply teachers) as set out in the SNCT Handbook. |
Current revision
PART 2: APPENDIX 2.8
CODE OF PRACTICE ON THE USE OF FIXED TERM TEMPORARY CONTRACTS
1. INTRODUCTION
1.1 The aim of this Code of Practice is to establish good practice on the use of fixed term temporary contracts. Fixed term temporary contracts will be issued for engagements which extend beyond 2 days. Teachers on fixed term temporary contracts will fulfil the full range of duties of teachers and will be engaged for 35 hours per week or on a pro rata basis according to the contract.
1.2 The SNCT recognises the important contribution made by teachers on fixed term temporary contracts, many of whom go on to hold permanent contracts. The SNCT believes that it is essential that teachers on fixed term temporary contracts are treated in the same way as permanent staff and given access to appropriate induction, training and support.
1.3 The Code of Practice takes into account the Employment Rights Act 1996, as amended by the Employment Relations Act 1999 and the Employment Act 2002, as well as Part-Time Workers (Prevention of Less Favourable Treatment) and the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
2. PURPOSE
2.1 The purpose of the Code of Practice is to enhance the principles of a professional service by helping councils to manage their staffing requirements in a co-ordinated and structured way. This must be responsive to service needs whilst, at the same time, providing teachers with access to secure employment opportunities, wherever possible.
2.2 The Code of Practice aims to ensure that employees on fixed term temporary contracts are not treated less favourably than permanent employees.
2.3 It is recognised that there will be teachers who may be employed on fixed term temporary contracts for significant periods of time. In such cases the letter of appointment must clarify the expected length of appointment or the event that will bring a contract to an end.
3. Fixed-Term Requirement
The SNCT recognises that a council may need a teacher to work other than on a permanent basis.
3.1 Where it becomes clear that the need for a temporary replacement is likely to be ongoing or lengthy, then the individual should be issued with a fixed-term temporary contract as set out in 3.2 below.
3.2 Where it is known from the outset the reasons for the temporary requirement and its likely duration or in circumstances set out in 3.1 above, a fixed term temporary contract of employment will be issued as soon as possible, specifying entitlement to pay and conditions of service and detailing the expected duration and reason for the appointment.
3.3 A fixed term temporary contract will have a clear end date which relates to:
- • a specified expiry date;
- • the completion of a specified task;
- • the occurrence of a supervening event;
3.4 The use of a fixed term temporary appointment may be made in a number of circumstances including the following:
- • maternity leave;
- • parental leave;
- • adoption leave;
- • career break;
- • long term sickness absence;
- • secondment;
- • sabbaticals
- • staffing from time limited funding; and
- • pattern of recurrent work
4. RECRUITMENT
4.1 Every teacher recruited to undertake work on a fixed term temporary basis will be appointed in accordance with that council’s recruitment procedures.
4.2 Following this process, such teachers will be placed on a register of approved teachers maintained for these purposes.
5. TRANSFER TO PERMANENT STATUS
5.1 Movement to a permanent post will be open to temporary teachers through normal application. Temporary teachers should be provided with the same access to information on vacancies for permanent posts as is provided to existing permanent post holders.
5.2 Transfer to a council’s permanent staff will also be through arrangements agreed by the LNCT.
5.3 Under the Fixed Term Employees Regulations 2002 any temporary contract extended beyond four years will be made permanent, unless the authority can objectively justify not doing so.
5.4 Fixed term temporary employees should not be selected for redundancy on the grounds of their employment status. Any selection for redundancy must be objectively justified.
6. SNCT HANDBOOK
6.1 The pay, duties and hours of work of teachers on fixed term temporary contracts shall be set as for teachers (other than short term supply teachers) as set out in the SNCT Handbook.
