The Code of Practice on Working Time Arrangements for Teachers in the SNCT Handbook summarises the expected negotiation as follows:

‘It shall inform discussions on working conditions at local level and will require to be supported by effective consultative arrangements at establishment level that ensure full participation by all staff in key decisions affecting their establishment. Discussions will be led by the headteacher as overall manager and the person ultimately accountable for the activities of the school.’

The following outline is a suggested trajectory for the negotiation process, ideally starting shortly before the Easter holiday, but without delay afterwards to allow for proper discussion and agreement by the end of the summer term.

  1. Review the operation of the existing WTA, perhaps via a questionnaire. For example, how did people feel about having a parents’ meeting in the first week of January?.

  2. The headteacher meets with the WTA/School Negotiating Group to discuss initial feedback from the year. The Group itself should include all named trade union representatives in the school, as well as the headteacher - other members of the Group should only be invited on to it by agreement. For example, there is no right for depute heads to be on the Group without agreement, unless, of course, they are representatives of a teacher association such as SLS or AHDS.

  3. An attempt is made to agree on key WTA tasks for certain times of year. For example, prelim examinations, assessment of these, and parents’ meetings to feed back on the prelims in the secondary sector; or key assessments, marking of these, and written reports to parents/carers in the primary sector.

  4. Account is taken of the School Improvement Plan: if it dictates that certain tasks are to be undertaken by Working Groups/Committees, then the draft WTA must set aside time for these. Of course, the School Improvement Plan itself should also be consulted upon with staff.

  5. Account should be taken of events in the school calendar to avoid clashes or excessive workload for staff at certain times of year. For example, it would be unwise to agree to a parents’ meeting in the same week as a school show.

  6. The outcome of Stages 3-5 is reported back to teachers in the school, ideally by the union representatives to their own members, and they are given the opportunity to comment. Stages 3-5 will then likely be repeated as changes are made to any draft WTA.

  7. It is also useful to try to meet separately with the other teacher trade union representatives during the negotiating process to try to agree on common ground.

  8. Once the WTA is finally agreed by the parties at the negotiating table, it is signed off by all members of the WTA/School Negotiating Group, ideally before the end of the summer term to allow the WTA, all key dates in it and a comprehensive school calendar to be available to all staff in advance of the new term.

Equalities

Negotiators need to consider whether the WTA may have a negative impact on those with protected characteristics.

Under the Equality Act, indirect discrimination can occur when a condition, rule, criterion, policy or practice applies to everyone but particularly disadvantages people who share a protected characteristic and it cannot be shown to be a proportionate means of achieving a legitimate aim.

To prove objective justification:

  • the aim must be a real, objective consideration and not in itself discriminatory - for example, ensuring the health and safety of others would be a legitimate aim;

  • if the aim is simply to reduce costs because it is cheaper to discriminate, this will not be legitimate;

  • working out whether the means is ‘proportionate’ is a balancing exercise: does the importance of the aim outweigh any discriminatory effects of the unfavourable treatment?

  • there must be no alternative measures available that would meet the aim without too much difficulty and would avoid such a discriminatory effect: if proportionate alternative steps could have been taken, there is unlikely to be a good reason for the policy. See the Equality and Human Rights Commission web page Words and terms used in the Equality Act.

Please contact the Scotland Centre should you require more detailed information or support.

 


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