The NASUWT is aware that there are a number of members who may have questions and queries about the situation in their workplace in respect of cover.
In light of this, the Union has produced advice and guidance to ensure that members are aware of their rights and entitlements and are supported during this time.
‘Rarely cover’
Rarely cover is an integral part of freeing teachers and headteachers from tasks which do not require their professional skills and expertise and enabling them to focus on their core function of teaching and leading and managing teaching and learning.
This is reflected in the School Teachers’ Pay and Conditions Document (STPCD) or teachers in England, which makes it clear that:
‘Teachers should be required to provide cover in accordance with paragraph 50.7 only rarely, and only in circumstances that are not foreseeable (this does not apply to teachers who are employed wholly or mainly for the purpose of providing such cover).’
This applies to all teachers, including headteachers, teachers on the leadership spine and part-time teachers, irrespective of whether they are employed by a local authority maintained school or by the governing body of a foundation, voluntary-aided or foundation special school.
The same provisions will apply if you are a teacher in England who has transferred to an academy under the terms and conditions of the STPCD. It may also be the case that it applies if you work in an academy.
Schools should therefore have a robust system in place to ensure that teachers cover for absent colleagues rarely and, even then, only in exceptional circumstances that are not ‘foreseeable’, such as those which may occur when there is a genuine emergency situation.
Given the above, the Union maintains that the overwhelming majority of events which take place in schools are foreseeable. For example, the requirement for cover due to staff being absent on a school trip or attending external meetings would clearly be pre-planned and therefore foreseeable.
In addition, adverse weather or traffic conditions which can impact on the attendance of teachers can be seen as foreseeable, particularly at certain times of the year.
As such, these situations should not prompt the need for teachers to cover under the provisions of ‘rarely cover’ referenced above.
Recording and monitoring cover
An effective cover policy should also ensure that any obligation on teachers to rarely cover is recorded so that it is effectively monitored to guarantee that the burden of rarely cover is distributed evenly among all teaching staff.
NASUWT Representatives and members should seek to ensure that any such policy does not look to operate a fixed number of hours that a school expects a teacher to undertake cover duties, as this runs counter to the principle of rarely cover only in unforeseen circumstances, because teachers would be expected to provide cover up to any such limit.
In addition, an effective cover policy should make it explicit that teachers are only required to provide cover in exceptional circumstances once all other options have been exhausted, such as the use of appropriately remunerated supply teachers, preferably directly employed rather than through a supply agency, or cover supervisors/higher level teaching assistants (HLTAs).
Furthermore, the cover policy should be clear that teachers are not routinely expected to undertake additional planning or set lessons for use by cover staff, unless this forms part of something a teacher can be directed to undertake during gained time.
Where revisions to a school’s cover policy are proposed, NASUWT Representatives and members should be fully consulted.
Planning, preparation and assessment time and cover
A cover policy should commit to protections around planning, preparation and assessment (PPA) time and when a teacher may or may not be expected to cover in rare or unforeseen circumstances.
PPA time must be a minimum of ten per cent of your timetabled teaching time and the time should be clearly marked on your timetable. The use of this time is under the direction of the individual teacher and it is guaranteed. It cannot be used for any other activity, including cover.
Gained time and rarely cover
During the academic year, teachers who have examination classes/groups may be released from timetabled teaching commitments as a result of pupils being on study or examination leave. This is referred to as gained time.
During gained time, teachers are only required to undertake activities from the list below, which were previously listed in Section 4 of the STPCD:
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developing/revising departmental/subject curriculum materials, schemes of work, lesson plans and policies in preparation for the new academic year. This may include identifying appropriate members’ materials for use by supply staff and/or cover supervisors;
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assisting colleagues in appropriate planned team teaching activities;
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taking groups of pupils to provide additional learning support;
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supporting selected pupils with coursework;
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undertaking planned activities with pupils transferring between year groups or from primary schools;
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where the school has a policy for all staff to release them for continuing professional development (CPD) during school sessions.
Defining the use of gained time is to avoid teachers being directed to undertake activities during this time that do not require the skills and abilities of qualified teachers and to enable them to focus on tasks that enhance teaching and learning.
Members may be required to use gained time to cover for a colleague. However, in such circumstances, this should only happen rarely and in unforeseen circumstances.
Rarely cover and timetable variations
Variations to your timetable should only ever be made where there are sound educational reasons for doing so.
Variations should therefore only ever be rare occurrences and schools should not seek to re-timetable or re-designate you within the academic year during gained time in order to avoid breaching the provisions on rarely cover.
If changes are proposed to your timetable or to the timetable of a group of teachers and no sound educational reasons are given for the change, you should seek further advice and guidance from the Union.
Other than for teachers who are employed wholly or mainly to cover, including supply teachers, teachers should not routinely be expected to cover for absent colleagues, nor should they be expected to teach pupils who they have not been assigned to teach, i.e. pupils who are not registered for timetabled lessons with them, collapsed classes or multi-class assemblies.
Splitting classes or combining classes is not an appropriate response where this results in a teacher being asked to cover for absence, given that cover is not an effective use of a teacher’s time.
Risk assessments and rarely cover
Risk assessments should make clear how a school intends to address the issue of compromised staff levels due to absence, particularly during specific times of the year, e.g. seasonal flu during the winter months.
Where appropriate, employers must demonstrate that they have updated their risk assessments in consultation with staff and trade unions, including their legal obligations to take all reasonably practicable steps to safeguard the health, safety and welfare of staff and pupils.
When dealing with compromised staffing levels due to absence, schools should retain the option to send pupils home where the safety of provision cannot be maintained.
Should you require further advice or support, please contact the NASUWT.
School trips and rarely cover
Whilst educational visits can be beneficial to the education and development of children and young people, these are planned activities. As such, teachers should not be expected to cover for colleagues who are absent on a school trip unless there is an emergency or unforeseen circumstance which arises as a consequence.
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