Part 2 Section 9

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-== The SNCT Handbook of Conditions of Service == 
- 
-[[Table of Contents]] 
- 
=== PART 2: SECTION 9 - OTHER PROVISIONS === === PART 2: SECTION 9 - OTHER PROVISIONS ===
-'''Continuing Professional Development (CPD)'''+===Career-Long Professional Learning (CLPL)===
-9.1 The context for CPD is set out in Section 3 (Working Year and Working Week).+
 +9.1 The context for CLPL is set out in Section 3 (Working Year and Working Week).
 + 
 + 
 +9.2 A teacher’s CLPL shall consist of an appropriate balance of personal professional development, attendance at nationally accredited courses, small scale school based activities and other CLPL activities.
 + 
-9.2 A teacher’s CPD shall consist of an appropriate balance of personal professional development, attendance at nationally accredited courses, small scale school based activities and other CPD activities.  
This balance will be based on an assessment of individual need, taking account of school, local and national priorities and shall be carried out at an appropriate time and place. This balance will be based on an assessment of individual need, taking account of school, local and national priorities and shall be carried out at an appropriate time and place.
-9.3 Every teacher will agree an annual CPD plan with his/her immediate manager and every teacher will be required to maintain an individual CPD record. 
-9.4 It is the employer’s responsibility to ensure a wide range of CPD development opportunities and the teacher’s responsibility to undertake a programme of agreed CPD. This should be capable of being discharged within contractual working time.+9.3 Every teacher will agree an annual CLPL plan with his/her immediate manager and every teacher will be required to maintain an individual CLPL record. The record and portfolio must be maintained to satisfy GTCS requirements regarding the Scheme for Professional Update set out in Section 2 (Main Duties), paragraph 2.2.
-9.5 Local agreements on the use of remaining time may include an allocation of time to undertake CPD. Such time will be included in CPD plans and will contribute to the wide range of development opportunities which employers are required to provide.+ 
-9.6 As part of the working year, teachers and music instructors must attend five days (pro rata for part-time staff) of development activity planned by the council, eg in-service training. This is separate from contractual CPD time but may form a part of the CPD plan and record.+9.4 It is the employer’s responsibility to ensure a wide range of CLPL development opportunities and the teacher’s responsibility to undertake a programme of agreed CLPL. This should be capable of being discharged within contractual working time.
 + 
 + 
 +9.5 Local agreements on the use of remaining time may include an allocation of time to undertake CLPL. Such time will be included in CLPL plans and will contribute to the wide range of development opportunities which employers are required to provide.
 + 
 + 
 +9.6 As part of the working year, teachers and music instructors must attend five days (pro rata for part-time staff) of development activity planned by the council, eg in-service training. This is separate from contractual CLPL time but may form a part of the CLPL plan and record.
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9.7 The National Teacher Induction Scheme training placement covers a school session and is subject to registration with the GTCS. Teachers on the Scheme have the same terms of conditions as teachers, except for those provided in paragraphs 9.8 to 9.12 below. 9.7 The National Teacher Induction Scheme training placement covers a school session and is subject to registration with the GTCS. Teachers on the Scheme have the same terms of conditions as teachers, except for those provided in paragraphs 9.8 to 9.12 below.
-9.8 Teachers entering the National Teacher Induction Scheme will be placed on Point 0 of the Main Grade Scale ([[Appendix 2.1]]). + 
 +9.8 Teachers entering the National Teacher Induction Scheme will be placed on Point 0 of the Main Grade Scale (Appendix 2.1).
 + 
9.9 The National Teacher Induction Scheme will correspond with the working year for teachers and will normally consist of 195 placement days. 9.9 The National Teacher Induction Scheme will correspond with the working year for teachers and will normally consist of 195 placement days.
-9.10 The maximum class contact time during the placement will be 15.75 hours per week.+ 
 +9.10 The maximum class contact time during the placement will be 18.5 hours per week.
 + 
9.11 To terminate the training agreement, a minimum period of four weeks notice, in writing, is required by either side. 9.11 To terminate the training agreement, a minimum period of four weeks notice, in writing, is required by either side.
 +
9.12 For entitlement to Maternity Leave, see Section 7 (Family Leave). Depending on eligibility, there may also be entitlement to Statutory Maternity Pay or Maternity Allowance. 9.12 For entitlement to Maternity Leave, see Section 7 (Family Leave). Depending on eligibility, there may also be entitlement to Statutory Maternity Pay or Maternity Allowance.
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'''Permanent Contracts''' '''Permanent Contracts'''
-9.13 Councils should only appoint teachers who are fully registered with the General Teaching Council for Scotland (GTCS) to permanent contracts. +9.13 Councils should only appoint teachers who meet the Standard for Full Registration, required by the General Teaching Council for Scotland (GTCS), to permanent contracts.
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9.14 Where an employee or, in the event of death, the employee’s dependants, suffers financial loss caused, in the opinion of the council, by violent or criminal assault suffered in the course of or as a consequence of employment, councils are recommended to pay either: 9.14 Where an employee or, in the event of death, the employee’s dependants, suffers financial loss caused, in the opinion of the council, by violent or criminal assault suffered in the course of or as a consequence of employment, councils are recommended to pay either:
-(a) in the event of the employee's death within 12 months of the date of and in the opinion of the council by reason of the assault, to the employee's representatives the equivalent of five years gross remuneration at the rate applying at the date of the assault or £35,000, whichever is the greater, where the teacher has left one or more dependants and otherwise £950; or 
-(b) in the event of permanent total or partial disablement to the employee, the appropriate percentage (specified in paragraphs 9.15 to 9.17 below), of five years gross remuneration at the rate applying at the date of the assault, or £35,000, whichever is the greater. This is with the proviso that such payment shall be reduced, at the discretion of the council, by the amount of any damages or compensation recoverable in respect of the particular injuries.+:(a) in the event of the employee's death within 12 months of the date of and in the opinion of the council by reason of the assault, to the employee's representatives the equivalent of five years gross remuneration at the rate applying at the date of the assault or £35,000, whichever is the greater, where the teacher has left one or more dependants and otherwise £950; or
 + 
 + 
 +:(b) in the event of permanent total or partial disablement to the employee, the appropriate percentage (specified in paragraphs 9.15 to 9.17 below), of five years gross remuneration at the rate applying at the date of the assault, or £35,000, whichever is the greater. This is with the proviso that such payment shall be reduced, at the discretion of the council, by the amount of any damages or compensation recoverable in respect of the particular injuries.
 + 
9.15 Death, total and irrecoverable loss of all sight in one or both eyes, total loss by physical severance or complete loss of use of one or both hands or feet at or above wrist or ankle, occurring within 12 months from the date of assault: 100% of the capital sum specified in paragraph 9.14 above. 9.15 Death, total and irrecoverable loss of all sight in one or both eyes, total loss by physical severance or complete loss of use of one or both hands or feet at or above wrist or ankle, occurring within 12 months from the date of assault: 100% of the capital sum specified in paragraph 9.14 above.
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9.16 Permanent total and absolute disablement (other than as stated above) from engaging in or giving attention to any profession or occupation of any kind: 100% of the capital sum specified in paragraph 9.14. 9.16 Permanent total and absolute disablement (other than as stated above) from engaging in or giving attention to any profession or occupation of any kind: 100% of the capital sum specified in paragraph 9.14.
-9.17 Permanent partial disablement (not otherwise provided for above): the percentage of the capital sum specified in paragraph 9.14 set against the degree of disablement as follows: 
 +9.17 Permanent partial disablement (not otherwise provided for above): the percentage of the capital sum specified in paragraph 9.14 set against the degree of disablement as follows:
{| {|
|- |-
-| Total loss of hearing in both ears || 40%+|Total loss of hearing in both ears||40%
|- |-
-| Total loss of hearing in one ear || 10%+|Total loss of hearing in one ear||10%
|- |-
-| Complete loss of use of hip or knee or ankle || 20%+|Complete loss of use of hip or knee or ankle||20%
|- |-
-| Removal of the lower jaw by surgical operation || 30%+|Removal of the lower jaw by surgical operation||30%
|- |-
-| Fractured leg or foot with established non-union || 25%+|Fractured leg or foot with established non-union||25%
|- |-
-| Fractured kneecap with established non-union || 20%+|Fractured kneecap with established non-union||20%
|- |-
-| Shortening of a leg by at least 3cm || 15%+|Shortening of a leg by at least 3cm||15%
|} |}
- 
Loss by amputation or complete loss of the following limbs: the percentage of the capital sum as set out in the following table: Loss by amputation or complete loss of the following limbs: the percentage of the capital sum as set out in the following table:
- 
{| {|
|- |-
-| || Right || Left+| ||Right|| ||Left
|- |-
-| One thumb || 20% || 17.5%+|One thumb||20%|| ||17.5%
|- |-
-| One index finger || 15% || 12.5%+|One index finger||15%|| ||12.5%
|- |-
-| Any other finger || 10% || 7.5%+|Any other finger||10%|| ||7.5%
|- |-
-| One big toe || 10% || 10%+|One big toe||10%|| ||10%
|- |-
-| Any other toe || 3% || 3%+|Any other toe||3%|| ||3%
|- |-
-| Use of shoulder or elbow || 25% || 20%+|Use of shoulder or elbow||25%|| ||20%
|- |-
-| Use of wrist || 20% || 15%+|Use of wrist||20%|| ||15%
|} |}
-(To be reversed if the injured teacher is left handed)+:(To be reversed if the injured teacher is left handed)
- +
'''Medical Examinations''' '''Medical Examinations'''
-9.18 Reasonable time off without loss of pay should be allowed for the purpose of preventative medical examinations.+9.18 Reasonable time off with pay should be allowed for the purpose of (i) preventative medical examinations and (ii) medical interventions which support the management of medical conditions which are likely to be covered by the Equality Act 2010. These should, where feasible, be made out with pupil contact time. This may be achieved by using a degree of flexibility around class and non-class contact time.
'''Special Leave''' '''Special Leave'''
-9.19 Special leave, with or without pay, may be authorised for specified reasons within arrangements agreed by the Local Negotiating Committee for Teachers (LNCT). +9.19 Special leave, with or without pay, may be authorised for specified reasons within arrangements agreed by the Local Negotiating Committee for Teachers (LNCT). The deduction for any agreed special leave without pay is 1.20513/235th of the annual rate of salary for each day of special leave.
 + 
 + 
 +9.20 In addition to paragraph 9.19 above, all employees have a statutory right to take reasonable time off work, without pay, to deal with unexpected or sudden problems concerning a dependent and to make any necessary longer-term arrangements. The deduction for any reasonable time off without pay is 1.20513/235th of the annual rate of salary for each day of reasonable time off work, without pay.
 + 
 + 
 +'''Career Breaks'''
 + 
 +9.21 Teachers and associated professionals are entitled to apply for career breaks. The definition of a career break and the provisions applying to career breaks are provided in Appendix 2.15.
 + 
 + 
 +'''Code of Practice on the Role and Enhanced Contribution of the Chartered Teacher'''
 + 
 + 
 +9.22 The Code of Practice on the Role and Enhanced Contribution of the Chartered Teacher is provided in Appendix 2.15.
 + 
 + 
 +'''Periods of Notice'''
 + 
 +9.23 The minimum period of notice to terminate employment to be given by a teacher on the main grade scale, a teacher on the Chartered Teacher spine, Lead Teacher, Music Instructor, Education Support Officer, Quality Improvement Officer, Education Psychologist shall be 4 working weeks and by all other teachers, Quality Improvement Managers, Principal and Depute Educational Psychologists 8 weeks, which include 4 working weeks.
 + 
 + 
 +9.24 The minimum period of notice to terminate employment to be given by the Council to a teacher on the main grade Scale or Chartered Teacher Spine, a Music Instructor or an ESO, QIO, or educational psychologist shall be:
 + 
 +:- 4 working weeks, where service is less than 4 years,
 +:- 1 week for each year of continuous service, where total service is at least 4 but less than 12 years, and
 +:- 12 weeks, where service is 12 years or more.
 + 
 + 
 +9.25 The minimum period of notice to terminate employment to be given by the Council to all other members of the teaching staff, QIMs and educational principal and depute psychologists shall be:
 + 
 +:- 8 weeks, where service is up to 8 years, including 4 working weeks.
 +:- 1 week for each year of continuous service, where service is at least 8 but less than 12 years, and
 +:- 12 weeks, where service is 12 years or more.
 + 
 + 
 +9.26 These arrangements shall not prevent a Council or a teacher from giving or agreeing to give a longer period of notice than the minimum.
 + 
-9.20 In addition to paragraph 9.19 above, all employees have a statutory right to take reasonable time off work, without pay, to deal with unexpected or sudden problems concerning a dependant and to make any necessary longer-term arrangements.+9.27 A working week comprises any week in which a school/establishment is open on any day for pupils and/or any employee covered by the terms of the SNCT Handbook, regardless of the number of hours that the school/establishment is open or that employees work in said week.
-'''Retirement Age'''+'''Self-Funded Sabbaticals'''
-9.21 The normal retirement age for an employee shall be the age of 65. Councils have a duty to consider requests from employees to work beyond that age.+9.28 Employees are entitled to a self-funded sabbatical after 5 years of continuous service with Scottish councils. Such service can be with one or more councils. The definition of a self-funded sabbatical and the provisions applying to self-funded sabbaticals are provided in Appendix 2.23.

Current revision

PART 2: SECTION 9 - OTHER PROVISIONS

Career-Long Professional Learning (CLPL)

9.1 The context for CLPL is set out in Section 3 (Working Year and Working Week).


9.2 A teacher’s CLPL shall consist of an appropriate balance of personal professional development, attendance at nationally accredited courses, small scale school based activities and other CLPL activities.


This balance will be based on an assessment of individual need, taking account of school, local and national priorities and shall be carried out at an appropriate time and place.


9.3 Every teacher will agree an annual CLPL plan with his/her immediate manager and every teacher will be required to maintain an individual CLPL record. The record and portfolio must be maintained to satisfy GTCS requirements regarding the Scheme for Professional Update set out in Section 2 (Main Duties), paragraph 2.2.


9.4 It is the employer’s responsibility to ensure a wide range of CLPL development opportunities and the teacher’s responsibility to undertake a programme of agreed CLPL. This should be capable of being discharged within contractual working time.


9.5 Local agreements on the use of remaining time may include an allocation of time to undertake CLPL. Such time will be included in CLPL plans and will contribute to the wide range of development opportunities which employers are required to provide.


9.6 As part of the working year, teachers and music instructors must attend five days (pro rata for part-time staff) of development activity planned by the council, eg in-service training. This is separate from contractual CLPL time but may form a part of the CLPL plan and record.


Teachers on the National Teacher Induction Scheme

9.7 The National Teacher Induction Scheme training placement covers a school session and is subject to registration with the GTCS. Teachers on the Scheme have the same terms of conditions as teachers, except for those provided in paragraphs 9.8 to 9.12 below.


9.8 Teachers entering the National Teacher Induction Scheme will be placed on Point 0 of the Main Grade Scale (Appendix 2.1).


9.9 The National Teacher Induction Scheme will correspond with the working year for teachers and will normally consist of 195 placement days.


9.10 The maximum class contact time during the placement will be 18.5 hours per week.


9.11 To terminate the training agreement, a minimum period of four weeks notice, in writing, is required by either side.


9.12 For entitlement to Maternity Leave, see Section 7 (Family Leave). Depending on eligibility, there may also be entitlement to Statutory Maternity Pay or Maternity Allowance.


Permanent Contracts

9.13 Councils should only appoint teachers who meet the Standard for Full Registration, required by the General Teaching Council for Scotland (GTCS), to permanent contracts.


Payment in the Event of Death or Disability Arising from Assault

9.14 Where an employee or, in the event of death, the employee’s dependants, suffers financial loss caused, in the opinion of the council, by violent or criminal assault suffered in the course of or as a consequence of employment, councils are recommended to pay either:


(a) in the event of the employee's death within 12 months of the date of and in the opinion of the council by reason of the assault, to the employee's representatives the equivalent of five years gross remuneration at the rate applying at the date of the assault or £35,000, whichever is the greater, where the teacher has left one or more dependants and otherwise £950; or


(b) in the event of permanent total or partial disablement to the employee, the appropriate percentage (specified in paragraphs 9.15 to 9.17 below), of five years gross remuneration at the rate applying at the date of the assault, or £35,000, whichever is the greater. This is with the proviso that such payment shall be reduced, at the discretion of the council, by the amount of any damages or compensation recoverable in respect of the particular injuries.


9.15 Death, total and irrecoverable loss of all sight in one or both eyes, total loss by physical severance or complete loss of use of one or both hands or feet at or above wrist or ankle, occurring within 12 months from the date of assault: 100% of the capital sum specified in paragraph 9.14 above.

9.16 Permanent total and absolute disablement (other than as stated above) from engaging in or giving attention to any profession or occupation of any kind: 100% of the capital sum specified in paragraph 9.14.


9.17 Permanent partial disablement (not otherwise provided for above): the percentage of the capital sum specified in paragraph 9.14 set against the degree of disablement as follows:

Total loss of hearing in both ears40%
Total loss of hearing in one ear10%
Complete loss of use of hip or knee or ankle20%
Removal of the lower jaw by surgical operation30%
Fractured leg or foot with established non-union25%
Fractured kneecap with established non-union20%
Shortening of a leg by at least 3cm15%

Loss by amputation or complete loss of the following limbs: the percentage of the capital sum as set out in the following table:

Right Left
One thumb20% 17.5%
One index finger15% 12.5%
Any other finger10% 7.5%
One big toe10% 10%
Any other toe3% 3%
Use of shoulder or elbow25% 20%
Use of wrist20% 15%
(To be reversed if the injured teacher is left handed)


Medical Examinations

9.18 Reasonable time off with pay should be allowed for the purpose of (i) preventative medical examinations and (ii) medical interventions which support the management of medical conditions which are likely to be covered by the Equality Act 2010. These should, where feasible, be made out with pupil contact time. This may be achieved by using a degree of flexibility around class and non-class contact time.


Special Leave

9.19 Special leave, with or without pay, may be authorised for specified reasons within arrangements agreed by the Local Negotiating Committee for Teachers (LNCT). The deduction for any agreed special leave without pay is 1.20513/235th of the annual rate of salary for each day of special leave.


9.20 In addition to paragraph 9.19 above, all employees have a statutory right to take reasonable time off work, without pay, to deal with unexpected or sudden problems concerning a dependent and to make any necessary longer-term arrangements. The deduction for any reasonable time off without pay is 1.20513/235th of the annual rate of salary for each day of reasonable time off work, without pay.


Career Breaks

9.21 Teachers and associated professionals are entitled to apply for career breaks. The definition of a career break and the provisions applying to career breaks are provided in Appendix 2.15.


Code of Practice on the Role and Enhanced Contribution of the Chartered Teacher


9.22 The Code of Practice on the Role and Enhanced Contribution of the Chartered Teacher is provided in Appendix 2.15.


Periods of Notice

9.23 The minimum period of notice to terminate employment to be given by a teacher on the main grade scale, a teacher on the Chartered Teacher spine, Lead Teacher, Music Instructor, Education Support Officer, Quality Improvement Officer, Education Psychologist shall be 4 working weeks and by all other teachers, Quality Improvement Managers, Principal and Depute Educational Psychologists 8 weeks, which include 4 working weeks.


9.24 The minimum period of notice to terminate employment to be given by the Council to a teacher on the main grade Scale or Chartered Teacher Spine, a Music Instructor or an ESO, QIO, or educational psychologist shall be:

- 4 working weeks, where service is less than 4 years,
- 1 week for each year of continuous service, where total service is at least 4 but less than 12 years, and
- 12 weeks, where service is 12 years or more.


9.25 The minimum period of notice to terminate employment to be given by the Council to all other members of the teaching staff, QIMs and educational principal and depute psychologists shall be:

- 8 weeks, where service is up to 8 years, including 4 working weeks.
- 1 week for each year of continuous service, where service is at least 8 but less than 12 years, and
- 12 weeks, where service is 12 years or more.


9.26 These arrangements shall not prevent a Council or a teacher from giving or agreeing to give a longer period of notice than the minimum.


9.27 A working week comprises any week in which a school/establishment is open on any day for pupils and/or any employee covered by the terms of the SNCT Handbook, regardless of the number of hours that the school/establishment is open or that employees work in said week.


Self-Funded Sabbaticals

9.28 Employees are entitled to a self-funded sabbatical after 5 years of continuous service with Scottish councils. Such service can be with one or more councils. The definition of a self-funded sabbatical and the provisions applying to self-funded sabbaticals are provided in Appendix 2.23.

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