Authorised absences in grant-aided schools are subject to two DENI Circulars: ‘Teachers’ absences not exceeding three working days’ and ‘Leave of absence exceeding three working days’.

While decisions regarding leave for teachers who are absent for three working days or less are a matter for boards of governors in schools with fully delegated budgets and employing authorities in other schools, the Teachers’ Salaries and Conditions of Service Negotiating Committee has agreed recommended courses of action in respect of particular absences and these are reproduced below from Circular 2014/18.

The NASUWT fully expects that the recommended course of action will be followed in every grant-aided school.

In the cases of absence not provided for in the agreements, boards of governors/employing authorities are advised to exercise their discretion in a sensible manner, bearing in mind their responsibilities to the needs of pupils.

Definitions

Near relative:

The term ‘near relative’, where it appears, means father, mother, husband, wife, brother, sister, son or daughter, grandparents, father-in-law or mother-in-law, son-in-law or daughter-in-law.

Other relative:

The term ‘other relative’, where it appears, means sister-in-law, brother-in-law, nephew, niece, aunt, uncle or guardian.

For further information:

DE Circular 2014/18: Teachers’ Absences Not Exceeding Three Working Days
DE Circular 1993/31: Teachers’ leave of absence for a period exceeding three working days

The NASUWT offers a FREE personal injury legal service that is second to none. The Union uses only solicitors specialising in such work.

• Members suffering an accident at work should ensure that details of the incident are recorded in the school accident book.

• The NASUWT Health and Safety Representative should investigate the accident and note any relevant circumstances. Sketches, photographs and measurements may be taken. Keep copies of everything.

Reporting

Since 1 April 2013, employers have the option to report all work-related incidents to the Health and Safety Executive Northern Ireland (HSENI). The NASUWT recommends that they do this.

HSENI provides an opportunity online to report an incident directly to HSENI. The circumstances should be fully recorded in the school’s accident book (or form) and kept for three years.

Any accident which:

• requires hospital admittance for 24 hours;

• leads to absence from work for more than three days;

• is designated under RIDDOR; [*]

should be reported to the Health and Safety Executive using form NI2508 (available from www.hseni.gov.uk/services/report-injury-ni2508). The return of this form registers the injury as work-related and will ease any subsequent claim for disablement benefit. The accident should also be reported to the NASUWT Northern Ireland National Centre.

*Note that the definition of ‘accident’ in RIDDOR includes an act of violence to an employee. The report must be made within 15 days of the accident.

• The member should obtain a copy of form BI100A, available at www.nidirect.gov.uk/articles/industrial-injuries-disablement-benefit, if they are considering making a claim for Industrial Injuries Disablement Benefit. Further information on eligibility is available on the website.

• If the member believes that the accident was caused by the negligence of a third party, then the Northern Ireland National Centre or Local Association Secretary should be contacted in order to arrange for an NASUWT Legal Aid application form to be obtained, completed and returned for assessment to the Legal and Casework Team at NASUWT Headquarters.

• Members can also telephone the NASUWT free Legal Advice Line on 0808 100 2221 to enquire about making a personal injury claim.

If the employer carries ‘no fault’ personal accident insurance on behalf of employees, then a protective claim may be made under the relevant policy, but no action should be taken pending a decision about the possibility of pursuing proceedings in negligence (see above).

• If all else fails, there remains the possibility of seeking a discretionary ex gratia payment from the employer. If such a payment is made, this is entirely at the discretion of the employer. The member should not seek such a payment until the Union and its solicitors have reached a decision about the possibility of pursuing proceedings in negligence. Advice should be sought from NASUWT Headquarters.

For further information:

Report an accident: www.hseni.gov.uk/report-incident
Industrial Injuries BI 100 Benefit Form: www.nidirect.gov.uk/publications/industrial-injuries-disablement-benefit-forms-and-guidance-notes

General

More than one acting allowance may be paid for an absence or vacancy.

The value of the promotion allowance may be reallocated provided the value of each acting allowance or the combined value of the acting allowance and any promotional allowance held by a teacher is equivalent to one of the five responsibility points prescribed in the teachers’ salaries determinations.

Where a vice-principal is appointed as an acting principal and another teacher acts as vice-principal, the value of that teacher’s promotion allowance may be reallocated as provided for in the preceding paragraph.

Teachers receiving an acting allowance must assume the full range of duties or, as the case may be, the relevant part of the duties of the higher post concerned.

Qualifying periods

A teacher acting as principal or vice-principal must act for 20 consecutive working days before qualifying for the acting allowance.

A teacher appointed in an acting capacity other than as principal or vice-principal must act for 40 consecutive working days before qualifying for the acting allowance.

The qualifying period will start on the first working day in the acting capacity. School holidays which occur after the start of the qualifying period, other than holidays at Christmas, Easter and the summer, will count as qualifying days.

Payment

When the qualifying period is completed, the acting-up allowance will be backdated to the first day of that period.

A teacher appointed in an acting capacity for a full school year will be paid an acting allowance for the full year.

If a teacher is appointed in an acting capacity for less than a full school year:

• an acting allowance will be paid for the Christmas, Easter and Summer holidays only if they are acting up in the same capacity immediately before and after the holiday period; and

• an acting allowance will only be paid for other school holidays provided that the teacher is acting up on the last working day immediately preceding the school holiday.

Teachers acting as principals during school holidays

As an exception to the normal arrangements but subject to the qualifying period, the Department is prepared to consider on its merits any case of a teacher required to act up as a principal during the school holidays.

For further information:

DE Circular 1990/25 amended by DENI Circular 1991/32 - Acting Allowances

It is an unpleasant fact of teaching today that more and more teachers have an allegation of emotional, physical or sexual abuse made against them. Since as far back as 1991, the NASUWT has been highlighting the injustice being perpetrated against teachers and other school staff as a result of being falsely accused.

A government-commissioned study conducted in 2009/10 confirmed the Union’s concerns, demonstrating that 45% of allegations against school staff were unfounded or unsubstantiated and two per cent were malicious. Only three per cent led to convictions or police cautions. The Union has therefore long campaigned for a statutory provision to grant anonymity for teachers facing allegations from pupils.

If a criminal allegation is made against a member which is related to their teaching employment, e.g. physical or sexual assault or theft, and the member has been called for interview by the police, NASUWT Representatives should advise as follows, in line with our Criminal Allegations page:

• The member should say to the police officer: “I am anxious to co-operate in getting this matter cleared up. I have been advised by my Union not to agree to answer questions or make a statement until my solicitor is present.”

• The member should be given the opportunity to make a telephone call. Members should call the Northern Ireland National Centre in Belfast on 028 9078 4480, with details of the police officer’s name, rank, police station and telephone number. The details can also be found on the Contact Us page. Legal representation will then be arranged for the member.

• If the police officer will not allow the member to contact the NASUWT and arrests them, the member should ask for the services of the duty solicitor and then contact the Northern Ireland National Centre as soon as possible. The member needs to obtain the contact details of the duty solicitor to pass onto the NASUWT.

• If the police contact a member out of office hours, they should contact the out-of-hours helpline on 0800 587 7530 - weekdays (Monday to Thursday 5.30pm - 8.30am), weekends (Friday 5.30pm - Monday 8.30am).

Legal representation is provided by Thompsons Solicitors, who are experts in the representation of NASUWT members. It should be noted that legal representation can only be provided in circumstances where the allegation is work-related.

NASUWT members who were not in membership or were three or more months in arrears with their subscriptions at the time the alleged incident occurred are not entitled to casework representation and/or legal assistance and cannot establish entitlement to representation by subsequently paying arrears. Retired, former, career break and associate members who were in membership at the time the issue occurred, and former members providing they have not joined another teacher trade union, are also entitled to representation.

The NASUWT has a long record of protecting members against assaults at work. Any assault against a member should be reported immediately to the Northern Ireland National Centre. Under health and safety law, all schools should have a policy on protecting staff against violence at work.

What is violence at work?

‘Violence at work can be any incident in which an employee is abused, threatened or assaulted by a student, pupil or member of the public in circumstances arising out of the course of their employment. Physical force, verbal abuse, threats, sexual or racial harassment, and malicious damage to the property of workers are all forms of violence.’ (Health and Safety Executive).

What is the responsibility of employers?

The Health and Safety at Work (NI) Order 1978 places a duty on employers to protect the health, safety and welfare at work of their employees. There is therefore a clear responsibility on employers to protect teachers against violence, especially where this is foreseeable.

This responsibility is extended by Regulation 3 of the Management of Health and Safety at Work Regulations (NI) 1992 which require the employer to carry out a risk assessment and to take appropriate, preventative and protective measures. This includes the risk of violence.

What steps would be taken if a member is subjected to violence or aggression?

In the absence of an agreed procedure, the NASUWT Representative should endeavour to see that the following action is taken.

• Any assault on a teacher during the discharge of their employment responsibilities should be reported immediately to the principal who should report it to the employing authority.

• Details of the incident should be recorded in the school accident book. Where a principal is assaulted, the matter should be reported immediately to the employing authority.

• The employer should report the assault to the police.

• If the employer refuses to do this, then the member should make such a report themselves and the Northern Ireland National Centre should be informed.

• The teacher should be relieved of any teaching duties for the time being.

• The teacher should be given first aid and, if necessary, should be referred to a hospital casualty department.

• Where a teacher suffers shock, injury or emotional stress, they should consult a doctor as soon as it is practicable and secure a written medical statement of injuries. This could be important if further action is to be taken by any party involved.

Reporting

• Any member suffering an assault should ensure that the details of the incident are recorded in the school accident book.

• Any assault causing serious injury leading to absence from work for more than three days must be reported to the Health and Safety Executive using form NI2508 (available from www.hseni.gov.uk/services/report-injury-ni2508).

• The return of this form registers the injury as work-related and will ease any subsequent claim for disablement benefit.

• If the negligence of the employer or some third party has exposed the member to risk of assault, then there may be a possibility of a claim for compensation being taken through the courts.

• The employer should report the assault to the police. If the employer refuses to do this, then the member should make such a report themselves and the Northern Ireland National Centre should be informed.

• In appropriate circumstances, if the assault is reported to the police, it may be possible to seek compensation through the Criminal Injuries Compensation Scheme.

Statements

The teacher should be advised to prepare a written statement as soon as possible but should be advised not to make it available without first consulting the Union.

Factual written statements should be obtained as soon as possible from any witness.

Suspension of pupils

• In the event of physical assault on a teacher by a pupil, the principal should immediately take the necessary steps to exclude/suspend the pupil. Where it is impracticable to remove the pupil from the premises, the pupil should be removed from contact with other pupils until they can be excluded/suspended.

• Where an assault is carried out by persons other than a pupil, attempts should be made to ensure that such persons are barred from the premises pending the outcome of investigations.

If the attacker is a pupil, the NASUWT Representative should press for the permanent exclusion of the offender. If this is refused then the Local Association Secretary/National Executive Member or the Northern Ireland National Centre should be informed. In appropriate circumstances, the Union will support a decision not to teach the offending pupil.

If the attacker is a parent or intruder, the possibilities of prosecution detailed above should be explored. In any case, the employer should be urged to write, banning the offender from the premises and threatening prosecution in case of any repetition.

If the negligence of the employer or some third party has exposed the member to risk of assault, then there may be a possibility of a claim for compensation being taken through the courts. A claim must be made within three years of the date of the assault. Members who have suffered a personal injury at work should contact the NASUWT’s free legal advice line on 0808 100 2221.

If the Public Prosecution Service decides not to act against the assailant, then, through the Local Association Secretary and Northern Ireland Centre, the employer should be urged to instigate a private prosecution. In the case of the employer refusing, the Local Association Secretary will refer the case to the Legal and Casework Team at NASUWT Headquarters for assessment.

The Union may support a private prosecution if there are reasonable prospects for bringing such an action to a successful conclusion and if it is deemed that proceedings through the courts would contribute to the process of safeguarding teachers against assault. Members need to be aware that the viability or otherwise of bringing a private prosecution will be largely determined by the age of the assailant and the possibility of demonstrating intent if they are a minor.

Consultation

• The NASUWT Representative should be informed and should be allowed to attend any discussions with the principal about the incident.

For further information:

TNC 2011/2: Policy Statement on Tackling Violence and Abusive Behaviour against Teachers
DENI Circular 1999/9: Pastoral care Guidance on the Use of Reasonable Force to Restrain or Control Pupils
DENI Circular 2011/25: Education of Suspended Pupils
Schools’ Suspension and Expulsion of Pupils (Amendment) Regulation (NI) 1998

Boards of governors are required to monitor the attendance of teachers employed in their schools.

Absence management is monitored and managed under:

• TNC 2008/2: Teacher Attendance Procedure;

• TNC Procedure 2013/1: Termination of Employment of Teachers on the Grounds of Ill Health or Capability.

These determinations cover absence which is reported as sickness absence. They do not apply to authorised absences, e.g. holidays, training courses, jury service, trade union absences, antenatal care or absence on maternity leave.

Aims of the policy

• to ensure that all staff are treated fairly, consistently and with sensitivity during times of illness;

• to inform staff and boards of governors of the policy and procedures for managing attendance in schools, to maintain confidentiality of information and to facilitate a consistent approach to staff attendance across all schools;

• to promote and encourage an attendance culture which recognises that good attendance enhances the learning experience of children;

• to address the negative effect on staff morale where frequent or prolonged absences of colleagues create additional workload, pressure and stress;

• to raise awareness of the Staff Welfare Service and its supportive role.

Each board of governors are required to adopt the policy and procedures formally.

Staff Welfare Service

This service provides, on a confidential basis, support to staff when problems become persistent and unmanageable or affect health and wellbeing. It provides support for those suffering stress or anxiety or having difficulty coping with experiences such as bereavement, relationships, family, financial difficulties, addiction and work-related problems.

The decision to request or accept assistance from the Staff Welfare Service is the personal choice of the individual, whose identity will remain confidential to the Service and will not be disclosed to the school.

Further advice on the Service is available from the Human Resources Department in the CCMS and the Education Authority.

Monitoring attendance

It is the responsibility of the principal to monitor the attendance of staff. Monitoring enables principals to make decisions about temporary arrangements such as deputising. It also ensures that principals are fully aware of the absenteeism rates of staff and can address any problems promptly.

The employing authority’s human resources department will provide principals with regular reports, detailing the number of self/medically certified absences.

Monitoring, in the form of consultation interviews, will normally be initiated by any of the following:

1. more than six casual days’ absence in a 12-month rolling period;

2. continuous absence of four weeks or more;

3. an individual member of staff with an absence rate of 5% or more; or

4. absences related to stress.

Contact during absence

The teacher shall maintain contact with the principal during a period of sickness absence. This should usually be when a medical statement is submitted or monthly during long-term absence. In exceptional circumstances, where difficulties in communication arise, either party may contact the Employing Authority’s Welfare Officer for advice. Such contact should always be of a friendly, supportive nature and be mindful of the welfare needs of the teacher. The maintenance of such contact should enable effective communications between the parties and facilitate the teacher’s return to work.

Return to work

Teachers should advise the principal informally on their first day of return to work of their return.

It is the responsibility of the teacher, on the first day of their return, to meet and report to the principal (or deputy) to advise of their return, with a brief explanation of the reasons for their absence. If the teacher does not follow this notification procedure without satisfactory explanation, it may result in the absence being regarded as unauthorised and pay being withheld.

Attendance interviews

Principals should only conduct attendance interviews when the frequency of absences gives cause for concern.

There is no justification for holding such interviews after each short period of absence. The teacher may be accompanied by a recognised trade union representative or teaching colleague.

The purpose of the attendance interview is to discuss the reasons for the absence level or pattern. It is not a disciplinary meeting. The meeting provides the opportunity to discuss relevant issues, including to:

• establish the current health status of the teacher and whether there is an underlying cause for absence such as difficulty at work, a more serious health condition or a personal or domestic problem;

• consider the need for a reasonable adjustment in the case of disability;

• consider whether a medical referral is required if this has not been established;

• consult and agree on actions arising from the report of a medical physician;

• advise of the availability of the Staff Care Scheme;

• confirm the accuracy of the teacher’s attendance and provide the teacher with a copy;

• encourage improved attendance;

• establish the improvement level required, the monitoring review period and the consequences of a continuing unsatisfactory level of attendance.

Following the absence interview, a brief note should be compiled noting the substance of the meeting and any action which it is proposed to take. A copy of this note should be made available to the teacher, with a copy being forwarded to the employing authority’s human resources department.

Principals must ensure that all information relating to staff absence is treated with sensitivity and confidentiality. The interview must be conducted in private and in a sympathetic and helpful manner. Staff who wish to be interviewed by a person of the same gender should be accommodated where possible.

Reporting absence

Where illness prevents the teacher from reporting for work, they are required to:

1. notify their principal, vice-principal or other designated member of staff on the first day of absence. If the teacher is unable to notify the principal for reasons of illness, a relative or friend may do so (in exceptional circumstances only);

2. ensure that the principal is kept informed of the progress of the illness, in order that alternative arrangements can be put in place;

3. provide documentation promptly in support of any absence from work due to sickness as follows:

   • from day one to seven calendar days: self-certification form must be submitted to the principal as soon as possible and not later than the seventh day of absence, to ensure payment of sick pay;

   • more than seven days: doctor’s statement must be submitted to the principal before expiry of the second week of absence;

   • subsequent doctor’s statements must be submitted to the principal as soon as possible, following receipt, to ensure continuation of sick pay.

Teachers’ Salaries Regulations 1993, Regulation 19(8)(b) states: “A teacher who has been absent because of illness for a total of 20 working days in any year ending 31 March and who has not submitted a doctor’s statement in respect of any of those 20 days shall not be entitled to salary for any subsequent days of absence through illness in that year unless he [sic] furnishes a doctor’s statement.”

Adequate notification must be given to the principal in advance of the date of return to teaching, so that arrangements for cover can be discontinued. If the absence has been of four weeks’ or more duration, one week’s notice of intention to return to work must be given to the principal or in the case of a principal, to the Chair of Governors.

Where the original doctor’s statement covers a period exceeding 14 days, or where more than one statement is required, the teacher must, prior to the actual return to work, obtain and submit a final medical statement certifying fitness to resume full duties.

Failure to comply with reporting absence procedures may result in the absence being regarded as unauthorised, pay being withheld and/or disciplinary action being taken.

For further information:

TNC 2008/2: Teacher Attendance Procedure
TNC 2013/1: Termination of Employment of Teachers on the Grounds of Ill-health or Capability

School governing bodies are responsible for setting the budget each year. Apart from any funds that have been specifically earmarked by government, governors have the power to decide what to spend it on. As the year progresses, they can move funds from one heading to another. This is called virement.

Budget construction, monitoring and reporting is a cyclical process. The outturn of one year informs decisions on the budget for the succeeding year.

Points to note:

The diagram above illustrates the budget cycle in a typical school. The key stages at which you should take a particular interest are indicated.

The process really begins around February/March of each year when the governing body receives a preliminary estimate of the money it is likely to receive for the following financial year (known as the school’s ‘budget share’). At this stage, the governors will begin to make decisions about how the ‘cake’ will be divided and should be alerted to any potential problems. You need this information so that you can make your own judgement about the way that the wind is blowing. Any potential problems should be reported immediately to the Local Association Secretary.

Around March/April, the governors will be informed of the actual budget share the school will receive. Hopefully, this figure will be close to the ‘indicative budget share’ the governors received in February/March. Sometimes, however, the actual figure will differ significantly from the indicative figure. It is possible that the actual figure will be lower than the indicative figure. This is why March has often been a time of crisis in some schools.

Once they know exactly how much money they have to spend, governors will either fine-tune their draft budget or, in the crisis scenario, begin to look for substantial savings. This is the most dangerous time for teachers as shedding teaching staff can be seen as the easiest way of making significant savings.

You will need to be involved at this stage so that you can alert your Local Association Secretary to any potential difficulties.

By the time that we get to April, the beginning of the financial year, the governors will have finalised and submitted their projected budget. They will also be drawing together the figures for their actual expenditure during the preceding year in preparation for the outturn statement.

You need to obtain a copy of the final budget plan.

When June arrives, the governors will be in possession of some more information with budget implications: they will know which members of staff are leaving at the end of the school year and which need to be replaced. If older staff are leaving and are either not replaced or are replaced by younger teachers, this will represent a budget saving and extra money can be spent elsewhere.

The NASUWT Representative needs to be alert at this time. Any reduction in teaching staff without a corresponding reduction in pupil numbers will mean an increased workload for members. It may be necessary to make representations to the governing body with the assistance of the Local Association Secretary. The NASUWT Representative who is in possession of budget information is better placed to make an argument and save a job than the Representative who is ignorant of these matters.

By July, the governing body should be in a position to finalise its accounts for the preceding financial year. Governors must submit these accounts, known as outturn statements, to the funding body, which in turn is under an obligation to make the accounts easily available to the public. The alert Representative will obtain a copy of the statement for analysis.

By the beginning of the school year in September, governors will already be turning their minds to the next financial and academic year. They will be looking to and possibly amending the school development plan. Decisions made at this time (for example, decisions relating to curriculum balance) could have profound effects on the security of employment of teachers. The alert NASUWT Representative will want to be involved in discussions so members can be protected.

In October or early November, the governors will be holding the annual meeting for parents at which they must produce a statement of income and expenditure. If the Representative has not already obtained a copy of this document, now is the time to do so. At this time of year, the pupil number is taken, which could have a dramatic effect on next year’s budget. Since a considerable proportion of a school’s budget is determined by pupil numbers, any significant downturn in numbers compared to the previous year will signal trouble ahead. In such a case, the Local Association Secretary needs to be informed at once.

February/March completes the cycle when, again, the funding body will be indicating to the school its likely budget share for the next financial year.

Workplace bullying is a serious issue for teachers and therefore a concern of the NASUWT Representative if they know or suspect a member is involved.

The NASUWT believes that all children and young people and staff in schools have a right to learn and work in a safe and secure environment free from intimidation, harassment, abuse and fear and where they feel valued and respected. There needs to be a whole-school approach to tackling bullying: tackling the bullying of staff by other staff is as important as tackling pupil-on-pupil bullying and the bullying of staff by pupils.

The NASUWT defines bullying as the ‘unjust exercise of power of one individual over another by the use of means intended to humiliate, frighten, denigrate or injure the victim’.

In 2012, the NASUWT carried out an online survey that showed that over two thirds of teachers had experienced or witnessed workplace bullying in the previous 12 months and one in five teachers had left their job because of bullying from colleagues or managers.

Prejudice is one of the common motives for bullying. Prejudice-related bullying is often characterised by abusive behaviour, intolerance or ostracism on grounds of an individual’s gender, gender identity, ethnicity, body image/size, sexuality, disability, age, religion or belief, or political affiliation.

The information and communications technology (ICT) that has transformed the working lives of many people and enhanced learning and leisure for many children and young people has also facilitated the growth of cyberbullying. The growth of websites such as YouTube, RateMyTeachers, Bebo, MySpace and Facebook means individuals can post offensive, anonymised material on the internet. Mobile phones can be used to bully through silent or abusive calls and text messages.

The NASUWT maintains that action should be taken to prevent access by pupils to the internet whilst on school premises during school sessions. School policies and procedures should neither require teachers nor encourage them to provide individual mobile phone or e-mail contact details to pupils.

Some of the regular manifestations of bullying of staff include:

• competent staff being constantly criticised, having responsibilities removed or being given trivial tasks to do;

• shouting at staff;

• persistently picking on people in front of others or in private;

• blocking promotion;

• regularly and deliberately ignoring or excluding individuals from work activities;

• setting a person up to fail by overloading them with work or setting impossible deadlines;

• consistently attacking a member of staff in terms of their professional or personal standing;

• regularly making the same person the butt of jokes.

The NASUWT has always supported teachers in schools and colleges in dealing with incidents of workplace bullying and the NASUWT Representative has a role to play in dealing with workplace bullying. Bullying at work is illegal and remedial action should be taken against perpetrators if employers fail to intervene or fail in the legal duty of care placed upon them by the Health and Safety at Work Order (NI) 1978. Additionally, the Protection from Harassment (NI) Order 1997 makes harassment both a civil tort and a criminal offence.

All schools and colleges should have an anti-bullying strategy to deal with the bullying of both pupils and adults. The NASUWT believes in zero tolerance. School behaviour policies and exclusion guidance should state specifically the sanctions to be applied to incidents of bullying.

Schools also need to have in place effective systems to deal specifically with the problem of prejudice-related bullying and school anti-bullying policies and procedures should include specific reference to prejudice-related bullying in all forms.

The procedures

Formal complaints of bullying by one member of staff to another should normally be raised under TNC 2009/11: The Policy and Procedure to Combat Bullying and Harassment of Teachers including Principals and Vice-Principals in Grant-Aided Schools. You should contact the Local Secretary or Northern Ireland National Centre before doing so.

Where the complaint relates to an adult who is not an employee (e.g. a governor or a parent), TNC 2011/4 Annex III of the Bullying and Harassment Procedure, Bullying and/or Harassment by a Third Party Other than an Employee should normally be used. You should contact the Local Secretary or Northern Ireland National Centre before doing so.

Where the bullying relates to a protected characteristic, Paragraph 8 (the Statutory Procedure) of the grievance procedure should be used.

For further information:

TNC 2009/11: The Policy and Procedure to Combat Bullying and Harassment of Teachers including Principals and Vice-Principals in Grant-Aided Schools
TNC 2011/4: Annex III of the Bullying and Harassment Procedure, Bullying and/or Harassment by a Third Party Other than an Employee
TNC 2014/6: Grievance Procedure for Teachers, Including Principals and Vice-Principals in Grant-Aided Schools

Bureaucracy continues to add to teachers’ workload. DE Circular 1998/33: Reducing the Bureaucratic Burden on Schools can assist with bringing teachers’ excessive workload under control.

The following eight points represents the NASUWT view of how the circular should be interpreted in order to deliver the greatest benefit to schools:

• teachers shall be treated as competent professionals and their professional judgement shall be respected. Teachers shall be asked to carry out routine administrative tasks only as a last resort;

• the only justification for paperwork is that it contributes directly to teaching and learning. Paperwork shall be limited to that which provides the minimum necessary key information;

• there shall be no worsening of current conditions;

• meetings shall be held only when necessary and normally not more than once a week on average. Meetings shall have reasonable time limits and be properly organised and conducted;

• there shall be no pre-inspections. Paperwork produced in preparation for inspections shall be ‘limited to what schools would normally expect to have available’ and there shall be no extensive rewriting of documents;

• written reports to parents shall be prepared once a year only and shall contain the minimum necessary information;

• pupil reports shall be written within directed time;

• target setting shall be limited to one occasion per year to set and one to review targets.

For further information:

DE Circular 1998/33: Reducing the Bureaucratic Burden on Schools
TNC 2011/8: Workload Agreement

The question of whether a teacher is capable of performing the work that they were employed to do is assessed by reference to skill, aptitude, health or any other physical or mental quality. The cause of poor performance or absence from work must be identified and the fact investigated within an appropriate procedure.

The majority of teachers are highly knowledgeable and highly skilled professionals delivering high education standards and are not underperforming or inadequate. The Procedure for Supportive Effective Teaching in Schools is intended to provide professional support for those teachers experiencing difficulties with their working performance and where all informal measures of support have been exhausted.

In any meeting with school management, the teacher must have the right to be accompanied by a trade union representative.

If poor performance is alleged:

• the teacher must be offered appropriate supervision, support and training;

• standards for improvement must be clearly understood and mutually agreed;

• a teacher may be considered for dismissal only when all attempts to assist them to improve have been tried and failed and all stages have been exhausted;

• any such move must then be subject to appeal.

If illness or the resulting absence from work has rendered the teacher incapable of working properly:

• the circumstances of the illness must be investigated;

• the individual must be consulted at all stages;

• a mutually acceptable solution, e.g. alternative work or working pattern, should be offered.

Matters of teaching capability which cannot be settled at a very simple and informal level will need the urgent attention of the Union.

NASUWT Representatives should immediately make contact with the Northern Ireland National Centre if they are advised by a member that their performance is being called into question.

For further information:

TNC 2013/1: Termination of Employment of Teachers on the Grounds of Ill-Health or Capability
TNC 2013/3: Procedure for Supporting Effective Leadership by School Principals
TNC 2013/4: Procedure for Supporting Effective Teaching in Schools

What is a career break?

The teacher’s Career Break Scheme allows permanent teachers the facility of taking a break in their teaching careers and is a period of special leave of absence without salary for a period of not less than one year and not more than five years. It is entirely distinct from unpaid maternity, parental or other authorised unpaid leave of less than one year’s duration.

Eligibility

To apply, a teacher normally must have completed an aggregate of not less than three years’ teaching service in their current school.

• A teacher shall not normally be granted more than two career breaks, of any duration, during their service in schools.

• A teacher shall not normally be granted a second career break until at least five years after the completion of a previous career break.

• A career break of less than five years may be extended for a period of not less than one year, providing the total does not exceed five years.

A career break does not represent a break in service, although it must be noted that during this period, the teacher is not contributing to the Teachers’ Pension Scheme. Neither does the period count towards the calculation of sickness or redundancy payments.

Appeal

Any teacher refused a career break can appeal the rejection to a sub-committee of the board of governors.

The teacher has the right to be accompanied at the meeting by a teaching colleague or a recognised trade union representative.

Returning from a career break

Not less than four months before the end of the career break, a teacher must contact the principal of their school to:

• confirm the intended date of return to school duties;

• apply for an extension to the career break; or

• indicate their intention to resign.

Where a teacher fails to contact the principal, they will be deemed to have resigned four weeks after the end date of the career break.

A teacher shall normally retain an entitlement to resume duty in a teaching post similar to that which they have vacated at the commencement of the approved career break.

For further information:

TNC 2009/5: Career Break Scheme - Teaching Staff

Primary schools

Article 16 of the 1998 Education (NI) Order states that all classes in the four years of Key Stage 1 will be limited to a maximum of 30 pupils.

There are exceptions to this policy which would allow the maximum size of 30 to be exceeded, where a pupil is admitted following:

• an appeal tribunal decision;

• a school attendance order;

• a direction under Article 42 of the 1996 Order;

• a statement of special educational needs.

An exception may also be allowed to ‘avoid unreasonable public expenditure’ or ‘to avoid unreasonable travel or transport costs’.

Secondary schools

The 1973 Secondary Schools (Grant Conditions) Regulations stipulate in Regulation 15 that the maximum limit for a general class is 35 pupils, and, for a practical class, 20 pupils, except where approved by the Department. The Department of Education (DE) defines ‘practical subjects’ as including science, technology and design, home economics, physical education and music.

The Department may approve higher numbers, according to subject, where:

1. pupils are not involved in practical activities;

2. the activities are not likely to present any health and safety risk to pupils.

In classes with special educational needs, the number of pupils present should be fewer than 20 and reflect the additional support and supervision that is required.

The problem of excessive class size may be approached as a health and safety issue under the Health and Safety at Work Order (NI) 1978, which requires employers to provide a safe and healthy working environment. If discussions fail to resolve the problem satisfactorily, the Representative should seek the support of the Local Association or Northern Ireland National Centre.

For further information

Secondary School (Grant Conditions) Regulations (Northern Ireland) 1973
DE Circular 2011/01: Class sizes for pupils in years 1-4
DE Circular 2016/11: Class sizes in post primary schools practical subjects

Every employee has a ‘contract’ with their employer. An employment contract is an agreement that the employer will pay wages in return for certain specified work from the employee. Contracts are enforceable in law and either side can sue for ‘breach of contract’. Contracts cannot be changed without the agreement of both sides.

Most teachers are on ‘permanent’ contracts. Some, however, are on ‘temporary’ or ‘fixed-term’ contracts.

Some terms of contract are written down, some are oral and some are unspoken ‘implied’ terms. Teachers’ contracts are a mixture of these.

The most important part of the teachers’ contract is contained within Schedule 3 of Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987 which lists the professional duties which a teacher can reasonably be required to undertake. These regulations may also be referred to as the Jordanstown Agreement.

Agreement on teachers’ pay and conditions of service is reached through the Teachers’ Salaries and Conditions of Service Committee (also known as the Teacher’s Negotiating Committee) which comprises the employing authorities/employer representatives, the DE and the trade unions. Any document which bears the letters TNC is binding on all grant-aided schools and should be treated by employers as a contractual term.

Teachers can assume other contractual obligations at the time of appointment or by agreement with the employer at a later stage.

Termination of employment

The contract may be terminated by either party giving notice in writing of at least three calendar months for termination on the last day of any month, except for termination on the last day of August or September when at least four calendar months’ notice is required.

For further information:

Schedule 3, Teachers’ (Terms and Conditions of Employment) Regulations (NI) 1987 Circular 1987/26: Teachers’ pay and conditions of service

Teachers’ working hours are laid down in Schedule 3 of Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987.

Teachers must be available for work for 195 days each year of which not more than 190 days should involve teaching children.

Teachers are required to be available for 1,265 hours each year, exclusive of time spent off the school premises in preparing and marking lessons and time spent travelling to and from the place of work. Teachers will perform such duties at such times and such places as may ‘reasonably’ be specified by the principal.

Within the 1,265 hours, time should be allocated for marking and report writing as well as teaching and meetings.

NASUWT Representatives should insist that a ‘time-budget’/calendar laying down management expectations of staff should be drawn up before commencement of each school year in consultation with the trade union representatives. This is a contractual right for teachers. Read more in the Workload section below on how this should be implemented.

Teaching hours

• Primary and special schools: up to 25 hours of class teaching, including registration and cover.

• Secondary schools: up to 23.5 hours of class teaching, including registration and cover.

Cover

TNC 2011/8: The Workload Agreement defines cover as ‘any occasion where the teacher normally responsible for teaching the class is absent and a teaching colleague is required to teach the class. Cover therefore is included within the teaching limit of 25 hours in any week in a primary school or special school and 23.5 hours in any week in a secondary school.’

The NASUWT is aware that some schools are describing cover as ‘supervision’ and therefore claiming that it is outside the teaching limits. However, TNC 2011/8 defines supervision as ‘when a teacher is asked to engage in activities outside of the classroom where there is no active teaching taking place. Supervision may include tasks such as morning and afternoon breaks, wet break times, arrangements for the arrival and departure of pupils, bus supervision, school assembly, examinations, etc. It is recognised that classroom supervision is not an effective use of a teacher’s time. However, in exceptional circumstances, a teacher may be required to supervise, as distinct from teach, the class of an absent colleague.’

When you can be asked to cover according to Teachers’ (Terms and Conditions of Employment) (Amendment) Regulations (Northern Ireland) 1988:

• When a colleague is absent for one or two days (subject to the maximum limit of 23.5 or 25 hours).

• For a primary 1, 2 or nursery colleague at any time (subject to the maximum limit of 25 hours).

• If it is not known that the absence will exceed two days - teachers can cover on the first and second day only (other than for primary 1, 2 or nursery colleagues). Teachers cannot be asked to cover at all (or supervise) when it is known and agreed in advance that an absence will exceed two days (other than for primary 1, 2 or nursery colleagues).

Teachers in schools of fewer than 222 pupils, nursery (in primary school), primary 1 and primary 2 are not required to provide such cover.

If your school is not working within the contractual provisions on cover and/or you feel that there is too much cover in your school, please contact the Northern Ireland National Centre immediately for further advice.

Midday supervision

A teacher shall not be required to undertake midday supervision unless employed under a separate (secondary) contract as a paid supervisory assistant.

Lunch break

All teachers are required to have a break of at least 30 minutes; primary and secondary schools: between 12 noon and 2pm; nursery schools and nursery units: between 12 noon and 2.30pm.

Changes in length of school day

Any proposal to change the length of the school day has conditions of service implications and must be the subject of negotiation with the representatives of recognised unions within the school.

Decisions to change the length of the school day must never be taken at staff meetings. The NASUWT is adamantly opposed to the lengthening of the school day and NASUWT Representatives should inform the Northern Ireland National Centre immediately any proposal is made.

Changes in school year

Any proposal to change the standard format of the school year should be reported to the Northern Ireland National Centre immediately.

For further information:

DE Circular 2013/09: Teaching Days and Hours of Attendance
TNC 2011/8: Workload Agreement

Before registering as a teacher, all potential employees will be subject to a police criminal records check. These checks exist to minimise the possibility that unsuitable persons can work or have access to children or vulnerable adults. The regulations also cover monitoring while in employment to ensure continued suitability and barring from employment following a relevant conviction or misconduct.

AccessNI carries out the criminal record checking function on behalf of the Department of Justice (DOJ). AccessNI is responsible for checking the background of prospective employees upon request by employers.

There are three different levels of checking - basic, standard and enhanced disclosure. Only prospective employers can ask for a standard or an enhanced disclosure.

The identity of the person must be verified before an application is made for a disclosure about criminal background. A fee is payable for every disclosure completed. It is the responsibility of the employer to pay the fee.

DE Circular 2008/03: Child Protection: Pre-employment Checking of Persons to Work in Schools - New Arrangements sets out in detail the process which the Department has put in place to allow grant-aided schools to carry out pre-employment checks on potential employees.

How the process works?

The process is as follows:

• The prospective employee, volunteer or school governor completes a Disclosure Certificate Application form.

• The identity of the applicant is verified by the school’s principal and an Identity Verification Form is signed to that effect.

• The Disclosure Certificate Application Form and Identity Verification Form are sent to the appropriate registered body, i.e. the Education Authority, the Council for Catholic Maintained Schools or the Department depending on school management type and position.

• The registered body endorses the Disclosure Certificate Application Form and forwards it to AccessNI.

• AccessNI will carry out the check and issue a Disclosure Certificate to the applicant. The registered body can check, via AccessNI’s online tracking system, whether or not there is information on the certificate (but not what that information is).

The NASUWT advises members to report any convictions to their employer immediately. This will prevent any embarrassment if the employer discovers the information from another source. Convictions which do not have implications for competence or safety, or which do not relate directly to a teacher’s role, should not cause concern to the employer. If a difficulty arises, the member should contact the NASUWT Northern Ireland National Centre on 028 9078 4480.

For further information:

DE Circular 2008/3: Pre-Employment Checking of Persons to Work in Schools - New Arrangements
DE Circular 2013/01: Disclosure and Barring Arrangements: Vetting Requirements for Paid Staff working in or providing a service for schools

Members facing disciplinary action may approach NASUWT Representatives for assistance. The Northern Ireland National Centre is always there for advice and should always be informed if any member is anticipating or facing disciplinary action. Allegations of ‘gross misconduct’ should be referred to the Northern Ireland National Centre immediately as this could result in dismissal.

All schools must have a written disciplinary procedure that has been adopted by the relevant governance. All employees must have access to this procedure.

• An informal reprimand or telling-off is not part of a formal procedure and should not be recorded.

• Formal procedures generally have a number of possible sanctions, ranging from an oral warning (which is recorded) up to summary (immediate) dismissal in the case of gross misconduct. It is vital that Representatives ascertain as soon as possible the stage of the procedure being invoked.

• If a period of suspension with pay is considered necessary, and all other possible alternatives have been duly considered, this period should be as brief as possible, should be kept under review and it should be made clear that this suspension is a neutral act.

• Members should be advised not to submit any written statement until they have sought advice and guidance from the NASUWT.

• Disciplinary procedures must allow members facing discipline to be accompanied by a trade union representative or another worker. In the early stages of the procedure, this may be the NASUWT Representative, although the Northern Ireland National Centre must be consulted first. The law requires any trade union representative participating in disciplinary procedures to have special accreditation from their trade union. (Accreditation is gained through attendance at appropriate NASUWT training courses.)

• The law further requires that if a worker’s chosen companion will not be available at the time proposed for the hearing by the employer, the employer must postpone the hearing to a time proposed by the worker, provided that the alternative time is both reasonable and not more than five working days after the date originally proposed.

• The task of the NASUWT Representative is, first and foremost, to ensure that the member gets all their entitlements under the procedure and that the procedure is adhered to closely. NASUWT Representatives should make a careful note of everything that happens in any hearing they attend.

• Formal warnings imposed by an employer should be time-limited, usually six or 12 months, depending on the severity. A member who has been disciplined should request sight of their personnel file to see that any expired record has been expunged.

• Employers should follow the Labour Relations Agency ‘Code of Practice on Disciplinary and Grievance Procedures’, which sets out good practice. This includes informing the employee in writing of the issue and holding a meeting to discuss the problem, at which the employee has a statutory right to be accompanied by a trade union representative or another worker and where the employee has an opportunity to appeal the outcome.

Procedures

There are two disciplinary procedures in place in grant-aided schools.

• Grant-aided schools with fully delegated budgets (most schools) should use TNC 2016/2: Disciplinary Procedure for Teachers, including Principals and Vice-Principals, in Grant-Aided Schools with Fully Delegated Budgets;

• Grant-aided schools with partially delegated budgets (mainly special schools) should use Procedure for Dealing with Disciplinary Matters involving Teachers, including Principals and Vice-Principals, in Grant-Aided Schools with Partially Delegated Budgets.

Criminal offences

Criminal offences outside employment shall not be treated as automatic reasons for dismissal regardless of whether the offence has any relevance to teaching duties. The main consideration is whether the offence is one that makes the teacher unsuitable for teaching or unacceptable to other employees.

Disciplinary procedures apply to matters of conduct; if a teacher’s competence is being questioned, this should be dealt with under the agreed capability procedure.

A teacher shall not be dismissed solely because a charge against them is pending or because they are absent through having been held in custody.

For further information:

TNC 2016/2: Disciplinary Procedure for Teachers, including Principals and Vice-Principals, in Grant-Aided Schools with Fully Delegated Budgets
TNC 2016/3: Disciplinary Procedure for Teachers Notes of Guidance
Procedure for Dealing with Disciplinary Matters involving Teachers, including Principals and Vice-Principals, in Grant-Aided Schools with Partially Delegated Budgets

Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

In most cases, an employee can pursue a claim for unfair dismissal if they have been employed for one year - except in instances of ‘automatically unfair dismissal’ when there is no employment period required.

Every employee has a contract of employment with their employer. When a contract is terminated unilaterally by an employer, this is called ‘dismissal’.

An employee can claim ‘wrongful dismissal’ if they are dismissed in breach of contract, e.g. notice requirements have not adhered to. Other than in cases of summary dismissal, permanent teachers are entitled to three months’ notice of termination, except that four months’ notice is required to terminate at 31 August or 30 September.

Unfair dismissal

The following reasons for dismissal are automatically unfair:

• for trade union membership or activities or for acting as a pension trustee or employee representative;

• in connection with the employee’s role as a Health and Safety Representative or for bringing health and safety issues to the attention of the employer;

• incidents involving sex or racial discrimination;

• because the employee is pregnant or because of a disability;

• for the exercise of rights to be accompanied to disciplinary or grievance hearings;

• during the first eight weeks of official strike action;

• for making a protected disclosure, ie ‘whistleblowing’;

• parental or family leave reasons;

• for asserting a statutory right;

• for refusing to waive rights under the Working Time Regulations;

• for reasons relating to the Tax Credits Act 1999;

• due to the sale of the employer’s business to a new employer;

• because the employee has complained that their employer has not paid the national minimum wage;

• because the employee has been selected for redundancy for any of the above automatically unfair reasons.

Schedule 4 of the Education Reform (Northern Ireland) Order 1989 defines certain statutory rights for teachers who are being considered for dismissal. Before the final dismissal notice can be issued, the Schedule requires the board of governors to afford the teacher:

1. an opportunity of making representations to such person or persons as the board of governors may appoint for the purpose (see Note 1); and

2. an opportunity of appealing against the proposed dismissal before the employing authority is notified.

Fair dismissal

A dismissal may be fair if it is for:

• lack of capability or qualification;

• misconduct;

• redundancy;

• contravention of a legal duty;

• taking unofficial strike action;

• some other substantial reason.

Teachers threatened with dismissal, who have been employed for at least one year, are entitled, under employment law, to receive a written statement outlining the reasons for dismissal. This applies to both full-time and part-time teachers.

NASUWT Representatives MUST contact their Local Association Secretary or the NASUWT Northern Ireland National Centre if they feel a member is in danger of facing dismissal.

Note 1: The right to make representations to the board of governors is restricted in Schedule 4 of the 1989 Education Reform Order to teachers employed in the controlled and Catholic-maintained sectors. For teachers employed in the voluntary grammar and grant-maintained integrated sectors, the right of representations is restricted to redundancy dismissals.

For further information:

Employment Rights (Northern Ireland) Order 1996

When they are properly organised and relevant to the curriculum, educational visits and learning outside the classroom (LOC) activities can enable pupils to be more engaged and enthusiastic learners.

Because of the great personal and professional risks involved, members should always be advised not to participate in visits and journeys that are non-contractual, do not have clear educational outcomes and do not require the exercise of the teacher’s professional skills and judgement. If members ignore this advice, then every effort should be made to minimise the risk.

All educational visits must be approved by the school in accordance with the guidelines published by the Education Authority (EA).

The EA guidance groups educational activities into five categories ranging from Category 1: Basic - visits which take place on a regular basis and occur largely within establishment hours, e.g. sporting fixtures, swimming pool visits and outings - to Category 5: Hazardous activities.

All categories of visit involve submitting a plan and getting approval from the board of governors. All visits must be organised in accordance with relevant school policies, e.g. health and safety and child protection, and take cognisance of best practice, as set out in the EA guidance. Parents should be informed and asked to give consent. Records of all forms and any other relevant information should be filed at the school. In the case of an incident/accident occurring, all appropriate documentation from the employing authority must be completed.

It is good practice for each school to have an educational visits co-ordinator (EVC). The role of the EVC does not require the professional skills and judgement of a qualified teacher.

Supervision and staff ratios

Pupil-to-staff ratios for educational visits are not prescribed in law. Those planning visits, on the basis of risk assessment, should decide the ratios, taking into account the range of variables which are determined through an informed risk assessment. Supervision ratios should relate to:

• the category of the educational visit;

• the specific educational objective(s); and

• the outcome of a risk assessment.

On the basis of a risk assessment, it is likely that additional supervision may be required, particularly in relation to residential visits and hazardous activities. Risk assessment may include the assessment of individual pupils, particularly within the special schools sector, and those with behavioural considerations in receipt of a medical care plan. This will have a direct influence on supervision ratios.

The key factors which should be taken into consideration in the establishment of appropriate ratios are as follows:

• nature and location of activities to be undertaken;

• age and ability of the group;

• pupils with special educational and/or medical needs;

• day visit or overnight stay;

• mixed- or single-gender group;

• experience of supervisory staff in off-site supervision;

• duration and nature of the journey type and any accommodation;

• competence of supervisory staff, both general and in relation to specific learning activities;

• requirements of the organisation/location to be visited;

• competence and behaviour of the pupils;

• prevailing weather conditions and time of year;

• duration and location of planned activities;

• first aid cover.

The following issues should also be considered when establishing ratios:

Under normal circumstances in post-primary schools and where it is possible in primary schools, at least one male and one female leader should accompany mixed-sex groups where an overnight stay is involved. Where this is not possible, parents must be made aware and give their consent to the proposed arrangement prior to the visit.

Arrangements should be made to ensure that appropriate ratios are maintained if a staff member needs to leave the group, e.g. to accompany a pupil to hospital, escort a pupil home, because of personal illness or to attend to a personal emergency.

Supervision can be close or remote but it is always for the duration of the visit.

Directed time

• All educational visits and activities should be counted against directed time, except where additional payments are made to a teacher for out-of-school-hours learning activities.

• Adequate staff cover, which does not place a burden on teaching staff, should be a precondition of an educational visit or journey taking place.

• Teachers cannot be directed to take part in overnight visits.

Use of teachers’ own vehicles

Members should be advised that they should not use their own vehicles to transport pupils; for example, to events or for medical treatment. Such practice makes a teacher vulnerable to the risk of:

• malicious allegations; and

• serious legal repercussions if, in the event of an accident, their motor insurance does not have the appropriate cover.

For further information:

Education Authority Guidance www.eani.org.uk/school-management/policies-and-guidance/educational-visits

The NASUWT is committed to challenging discrimination, inequality and intolerance and recognises that schools/colleges play an essential role in this work. The Union has produced advice and information for members in respect of a wide range of equality issues. Many of these publications are designed to provide practical advice to ensure that equality is embedded in all areas of school life.

NASUWT Representatives are advised to ensure that their school/college has an equal opportunities policy and that this complies with NASUWT advice/guidance:

• they are consulted on the development and implementation of the equal opportunities policy prior to adoption by the governing body;

• their school/college undertakes regular monitoring and reviews of the policy with a view to identifying and dealing with any trends or issues of concern.

Governing bodies of schools, colleges and other education institutions have responsibilities for developing and maintaining agreed equal opportunities policies to ensure that all staff, pupils and parents/carers are treated in a fair and non-discriminatory manner. The equal opportunities policy should be disseminated to all staff and pupils at the school and parents/carers. All staff should receive training in respect of the policy so that they are familiar with it and understand what is expected of them. Employers are required to comply with a number of legislative obligations in respect of equal opportunities practice, which are outlined below.

Sex Discrimination (Northern Ireland) Order 1976 (amended 1988)

This Order prohibits discrimination or less favourable treatment to any member of staff on grounds of sex, gender reassignment or marital status. The Order protects job applicants and employees. ‘Direct’ sex discrimination occurs when one person is treated less favourably than a person of the other sex or would be treated in similar circumstances. ‘Indirect’ sex discrimination occurs when a requirement or condition which cannot be justified is applied to men and women equally but has the effect of disadvantaging a considerably higher proportion of one sex than the other.

Race Relations (Northern Ireland) Order 1997 and Race Relations (Amendment) Regulations (Northern Ireland) 2003

The provisions of the Race Relations Order are similar to those of the Sex Discrimination Order in that they apply to both applicants and employees and cover direct/indirect discrimination and victimisation. The Order prohibits discrimination against any member of staff on grounds of colour, race, nationality, including citizenship, or ethnic or national origins. For example, school dress codes for staff may be indirectly discriminatory to particular ethnic groups. The onus would be on the employer to prove that such a condition could be justified.

All public bodies are required to have a written statement of policy for promoting race equality which should be embedded in all areas of school/college life. This should cover staff, pupils, parents and the wider community.

The governing body is legally responsible for ensuring that the school/college complies with the duties placed on it through the amended Race Relations Order and for ensuring that the race equality policy and its procedures are monitored and reviewed.

The Disability Discrimination Act (DDA) 1995

If you have a physical or mental impairment that affects your ability to carry out normal day-to-day activities, then you are protected from disability discrimination under the DDA. ‘Disabilities’ in the scope of the Act include progressive conditions such as HIV/AIDS, MS or cancer.

This legislation requires that employers must not treat any employee or job applicant less favourably, without justification, because of a reason relating to their disability than they would treat non-disabled employees. Many disabled teachers require minimal or no adjustment to physical features or other employment arrangements in order to participate and contribute fully to their school/college life. However, in some instances, modifications are required to remove barriers for those that require adjustments to specific employment arrangements. Employers are required to make ‘reasonable adjustments’ to ensure disabled staff are able to access all facilities.

Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003

Workers are protected from unfavourable treatment in the workplace on the grounds of their sexual orientation.

The Regulations cover direct/indirect discrimination, harassment and victimisation and prohibit employers from:

• refusing to employ or retain someone because they are lesbian, gay or bisexual;

• refusing to provide access to training or promotion opportunities because of a worker’s sexual orientation;

• refusing to provide workplace benefits to a worker because of their sexual orientation;

• giving an unfair reference when someone leaves because of the individual’s sexual orientation.

Governing bodies and employers are required to protect employees against bullying or harassment suffered in the workplace, i.e. violating an individual’s dignity or ‘creating an intimidating, hostile, degrading, humiliating or offensive environment’ for an individual, because of their sexuality.

All school/college equal opportunities policies should include reference to the problems of discrimination and bullying on grounds of sexuality.

There are a number of significant exceptions to these Regulations. For example, an employer may discriminate if the employment ‘is for purposes of an organised religion’ (e.g. faith school) and a particular sexual orientation is required to comply ‘with the doctrines of the religion’. NASUWT Representatives are advised to seek further advice from their Local Association Secretary or Northern Ireland National Centre.

Fair Employment and Treatment (Northern Ireland) Order 1998 (FETO)

This legislation protects school staff from unfavourable treatment, including direct/indirect discrimination, harassment or victimisation on grounds of religious belief or political opinion.

The Regulations prohibit employers from:

• discriminating against members of their existing workforce and in the recruitment of new employees because of their religion or belief;

• refusing to provide access to training or promotion opportunities because of a worker’s religion or belief;

• refusing to provide workplace benefits to a worker because of their religion or belief;

• giving an unfair reference when someone leaves because of the individual’s religion or belief.

Currently, there are a number of exceptions to these Regulations, including the recruitment of teachers in a school, although teachers are protected from less favourable treatment once employed. Thanks to lobbying from the NASUWT, this ‘teacher exception’ will end in 2024. Governing bodies and other employers are required to protect employees against bullying or harassment suffered in the workplace, i.e. violating an individual’s dignity or “creating an intimidating, hostile, degrading, humiliating or offensive environment” for an individual, because of their religion or belief.

Employment Equality (Age) Regulations (NI) 2006

The Employment Equality (Age) Regulations (NI) 2006 make it unlawful to discriminate against employees, job seekers and trainees because of age. This may include because they are younger or older than a relevant and comparable employee.

Employees should therefore be protected by their employer from the following actions:

• direct discrimination - acts of overt discrimination to a person’s detriment, such as denying them promotion on the basis of a protected characteristic;

• indirect discrimination - a discriminatory provision, criterion or characteristic, such as a promotion requirement or working pattern, that cannot be objectively justified;

• discrimination arising from disability - for instance, a capability procedure that arises from a person’s disability-related absences;

• harassment - acts of unwanted conduct that threaten or violate a person’s dignity, such as making unreasonable demands, bullying or ‘stalking’;

• victimisation - particularly after making a complaint about discrimination or lodging a claim at an employment tribunal;

• a failure to make reasonable adjustments in order to accommodate a person’s disability.

This duty of protection also includes the harassment of an employee by a third party, for instance a contractor carrying out work on a school site who abuses a member of staff.

Implications for NASUWT Representatives

NASUWT Representatives should ensure, as far as possible, that governing bodies address the issue of discrimination in schools/colleges, particularly as it applies to recruitment, pay and progression and pay/conditions of members. All discrimination claims should be referred to the Northern Ireland National Centre for action.

NASUWT Representatives should ensure that members are encouraged to record and report all forms of bullying and harassment, regardless of nature, to school management so that effective action can be taken. Both the Policy and Procedure to Combat Bullying and Harassment of Teachers including Principals and Vice-Principals in Grant-Aided Schools and Paragraph 8 of the Grievance Procedure for Teachers, including Principals and Vice-Principals in Grant-Aided Schools can be used to challenge discrimination or acts of harassment. All reported cases of discrimination should be referred to the Local Association Secretary or Northern Ireland National Centre.

Advice on workplace bullying and personal harassment is available from the Northern Ireland National Centre. NASUWT Representatives should use Union publications to show members that the NASUWT is a leader on equality issues.

NASUWT Representatives should note that much of the above legislation also applies to the NASUWT as a trade union/employer organisation. In many cases, it is unlawful to discriminate against a person by refusing or deliberately omitting to accept an application for membership on grounds of their gender, ethnic origin, marital status, sexuality or disability.

For further information:

Sex Discrimination (Northern Ireland) Order 1976 (as amended) Race Relations (Northern Ireland) Order 1997 (as amended) Disability Discrimination Act 1995 (as amended)
Fair Employment and Treatment (Northern Ireland) Order 1998 (as amended) Employment Equality (Sexual Orientation) Regulations (NI) 2003 Employment Equality (Age) Regulations (NI) 2006
Equality Commission website: www.equalityni.org

School governors must abide by the requirements of the Equal Pay Act (NI) 1970 and the Sex Discrimination (NI) Order 1976. The Equal Pay Act (NI) 1970 requires employers to pay men and women equal pay for equal work. It prohibits sex discrimination between employees in respect of their contractual pay and terms and conditions of employment. The Sex Discrimination (NI) Order 1976 prohibits sex discrimination in relation to non-contractual entitlements to benefits such as holiday entitlement.

School governing bodies must also have a written pay policy which ensures that similar posts carrying similar levels of responsibility are rewarded equally and all staff are treated equitably.

NASUWT Representatives should be alert to upper pay scale progression being withheld from teachers because they are on maternity leave, off work for a pregnancy-related reason or off work for reasons of disability. Such practices are discriminatory.

If the NASUWT Representative suspects that discrimination against a teacher with a protected characteristic is occurring, or equalities monitoring information indicates that different protected characteristics teacher groups have different patterns of pay progression, this must be referred to the NASUWT Northern Ireland National Centre without delay.

It is worth noting that there are differences in the legal provisions that apply to sex discrimination in pay compared with discrimination in pay based on the other equality grounds.

For further information:

Equal Pay Act (NI) 1970 (as amended)
Equality Commission website: www.equalityni.org
Labour Relations Agency website: www.lra.org.uk

Time off for family and dependants

Legislation gives employees the right to maternity, paternity, adoption, shared parental leave, parental and dependant leave. See below for rights to maternity, paternity, shared parental leave, parental leave and adoption leave.

In addition to this, employees have the right to a ‘reasonable’ amount of time off (usually unpaid) to deal with unforeseen matters and emergencies involving dependants who rely on the employee for care.

A ‘dependant’ includes a spouse, child, parent, someone living in the same household who is not an employee or lodger and anyone who ‘reasonably relies’ on the employee.

Unpaid time off can be taken in circumstances where:

• a dependant falls ill, gives birth or is injured or assaulted;

• arrangements have to be made to care for a dependant who is ill or injured;

• care arrangements have broken down;

• there is a problem at school.

There is a right to paid time off in some circumstances. Please refer to the panel on absence.

Employees have to tell their employers as soon as possible why and for how long they will be absent. A complaint can be made to an employment tribunal if the employer unreasonably refuses the time off.

Employees who take time off for family and dependants have the right to protection against dismissal, unfair selection for redundancy or detrimental treatment for any reason connected with time off for family and dependants.

For further information:

Work and Families (Northern Ireland) Order 2006
DE Circular 2014/18: Teachers’ absences not exceeding three working days
DE Circular 1993/31: Teachers’ Leave of Absence Exceeding Three Working Days

Flexible working is a way of working that suits the needs of the employee.

It is a way of sharing, staggering or breaking up the normal working day or week in order to improve work/life balance.

All employees, not just parents or carers, have the legal right to request flexible working if they have worked for the same employer for at least 26 weeks.

The law does not give an automatic right to flexible working, but employers must respond to requests. A teacher can only make a request under the legislation once in any 12-month period.

The employer has to consider seriously a request for flexible working in a ‘reasonable manner’, which involves weighing up the benefits for the employee and the school/college against any potential adverse business impact.

Decisions regarding requests and appeals must be made within three months of the request being made.

If the employer accepts the request, or accepts it with modifications, they should write to the employee confirming the decision and start date no later than 28 calendar days after the request was approved.

The employer should write to the employee notifying them of the variation to their contract, e.g. working hours and pay, and the fact that this is a permanent change to their terms and conditions. If the employer rejects the request, they must have a sound business reason for doing so, which should be conveyed in writing. If the employer rejects the request, there should be a right of appeal.

The  NASUWT  has  produced  advice  and  guidance  which  can  be  found  on our Flexible Working page.

In addition to the statutory right to apply for permanent flexible working, there are three other options available:

• the Career Break Scheme allows from one to five years’ unpaid leave;

• the Job-Share Scheme results in a temporary position for two years or permanent change to a contract, but if one job share partner leaves, the other person can return to full-time hours;

• the Temporary Variation Scheme is a temporary change to a contract for a maximum of three years at the school’s discretion.

For further information:

TNC 2009/6: Flexible working scheme
Flexible Working - A Quick Guide NASUWT leaflet, 2016

As of 2022, the General Teaching Council for Northern Ireland’s (GTCNI’s) status is uncertain and is due to be reviewed. Nevertheless, it does have a very important role in protecting and regulating the teaching profession. Primarily, it ensures that only suitably qualified teachers are allowed to teach in grant-aided schools. It does this by ensuring that all who wish to teach here have completed a suitable course of Initial Teacher Education before being listed on the professional teachers’ register.

Anyone wishing to teach in a grant-aided school in Northern Ireland must hold GTCNI registration.

The GTCNI has the power to remove a teacher from the register on the grounds of misconduct but not for competency issues. Individual teachers can make representations to the GTCNI, while any teacher who has been removed from the register has the right of appeal to the High Court. The GTCNI has still to exercise these powers.

Who funds the GTCNI?

The Council is funded by teacher subscriptions.

Governance and oversight

The Council is a non-departmental public body (NDPB). Its sponsor department is the Department of Education. The Minister for Education is accountable to the Assembly for the activities and performance of the GTCNI.

The GTCNI should be governed by a council of members elected and appointed in accordance with the General Teaching Council for Northern Ireland (Constitution) Regulations (Northern Ireland) 2001. Ministerial appointments to the Council are made in line with the Code of Practice issued by the Commissioner for Public Appointments. The current GTCNI council has been stood down by the Minister.

For further information

GTCNI website: www.gtcni.org.uk

School governors derive their authority from legislation and from a Scheme for the Management of Schools produced by employing authorities in accordance with Article 9 of the Education and Libraries (Northern Ireland) Order 1986. This covers boards of governors in all types of school.

The Board of Governors, in addition to its statutory functions, manages and controls the school/s for which it is appointed in accordance with the scheme of management.

In simple terms, the Board of Governors:

• determines the number and appoints teachers and other staff to the school;

• determines the salary levels of teaching staff, subject to salary regulations and determinations;

• determines and keeps under review policies in relation to the curriculum of the school, including RE and sex education;

• makes, and keeps up to date, a written statement of the curriculum policy;

• admits pupils to the school in accordance with published criteria;

• allocates to the principal such functions as will, subject to the resources available, enable them to determine and organise the curriculum;

• allocates budget amounts to various headings and monitors expenditure;

• encourages the principal to maintain regular communication and consultation with assistant teachers on the management of the school;

• publishes an annual report containing a summary of the steps taken by the Board of Governors in the discharge of its functions and holds an annual meeting of parents at which the report can be discussed;

• inspects the school premises once in each year;

• applies grievance and disciplinary procedures relating to teaching and non-teaching staff;

• applies procedures for the suspension or expulsion of pupils.

NASUWT Representatives should obtain from the governing body a copy of the scheme appropriate to their own school and familiarise themselves with it.

Election of teacher governors

The NASUWT Representative should ensure that the election of the teacher representative is carried out fairly and transparently. The following needs to happen to ensure that the election is fair:

• arrangements for the election of teacher governors should be drawn up by school authorities after consultation, either directly with the teachers concerned or with the trade union representatives. These arrangements can make provision for part-time teachers to vote;

• the school authority should designate a person, who should not be eligible for election, to act as clerk to the election;

• if the number of nominees is equal to or fewer than the number of places to be filled, all candidates should be deemed to have been elected without the need for a vote;

• where a ballot is necessary, tellers, who should not be candidates, should be appointed;

• both candidates and tellers are eligible to vote and candidates should be invited to scrutinise the count. A simple majority should determine the successful candidate.

If you are not satisfied that these measures are in place, contact the NASUWT Northern Ireland National Centre immediately.

Every governing body must, by law, establish written procedures for giving staff opportunities for seeking redress of any grievances relating to their employment.

• Grievances are best dealt with informally, as close as possible to the point of origin by a direct approach to the other employee or through discussion with the head of department or other senior person involved. Those concerned should also have discussions with the principal if necessary.

• In the case of a grievance against a governing body involving no other employee, a direct approach should be made to the chair of governors.

• The NASUWT Representative should ensure that all parties understand their roles and duties under the procedure and that the member’s complaint is properly addressed.

• The NASUWT Representative should always consult the Northern Ireland National Centre before advising members to embark on the grievance procedure.

Grant-aided schools should follow TNC 2014/6: Grievance Procedure for Teachers, Including Principals and Vice-Principals in Grant-Aided Schools. A separate procedure called the Grievance Procedure for Teachers in Grant-Aided Schools with Partially Delegated Budgets is in use in special schools. The Labour Relations Agency: Code of Practice on Disciplinary and Grievance Procedures sets out good practice that should be followed for any grievance.

TNC 2014/6 serves the majority of those with a grievance/complaint. However, there may be occasions when co-workers working for different employers/employing authorities wish to initiate a grievance/complaint against one or other. In this case, they should use TNC 2011/7: Joint Protocol for Dealing with Grievances/Complaints involving Staff Employed by Different Employer/Employing Authorities.

The law requires any trade union representative representing members in disciplinary or grievance procedures to have special accreditation. Accreditation is gained through attendance at appropriate NASUWT training courses.

For further information

TNC 2014/6: Grievance Procedure for Teachers, Including Principals and Vice-Principals in Grant-Aided Schools
TNC 2011/7: Joint Protocol for Dealing with Grievances/Complaints involving Staff Employed by Different Employer/Employing Authorities
The Labour Relations Agency: Code of Practice on Disciplinary and Grievance

This is a brief outline of the various tax allowances that teachers may be eligible to claim under UK legislation. It gives guidance on the allowances you may be able to claim against your earnings, but they are advisory and have no binding force. Decisions on individual claims will depend on all the facts and circumstances.

Expenses allowed against tax

The expenses allowed as a deduction from employment income are limited by Section 336 (1b) of the Income Taxes (Earnings and Pensions) Act 2003 (ITEPA 2003). Specifically, to qualify for relief, the expenses must be either ‘qualifying travelling expenses’ or other amounts expended wholly, exclusively and necessarily in the performance of the duties of the employment. There are presently no standard tax allowances for teachers, but the notes below explain what can and cannot be claimed.

Subscription to a professional body

• An allowance may be claimed in respect of the annual subscription paid to a professional body approved by HM Revenue and Customs. Two thirds of the NASUWT subscription is allowable under this provision. Records and receipts must be retained. Proof of payment of NASUWT subscriptions can be obtained from the NASUWT Northern Ireland National Centre.

• The GTCNI registration fee, if paid directly, may be claimed, mainly affecting supply teachers. For permanent teachers in grant-aided schools, the fee is deducted directly from salary at source before tax is deducted and there is consequently no impact on the teacher’s net pay.

Once claimed, relief should be given via the PAYE code. However, it is advisable to check that your tax coding reflects the correct subscription each year.

Advice and guidance on superannuation or pension contributions, including AVC’s, can be obtained from Wesleyan. Contact details for Wesleyan can be obtained from the Northern Ireland National Centre.

Together, Induction/Early Professional Development (EPD) make up a three-year programme for those entering the education service in Northern Ireland.

Induction

This is the first year in teaching. All beginning teachers should have in their possession:

• a copy of the teacher education partnership handbook;

• their Career Entry Profile.

Sections 1, 2 and 3 of the handbook deal with ITT. However, the competences listed in section 2 continue to inform the induction and EPD years. Section 4 of the handbook is relevant to the induction year.

The Induction Programme is school-focused and will address:

1. the transition from student to teacher;

2. the demands of the context in which the beginning teachers are working;

3. the strengths and development needs as outlined in Career Entry Profiles;

4. the competence model.

Teachers who participate are released with pay from school to take part in programmes of induction organised by the Education Authority.

NASUWT Representatives should:

• find out, before the end of a school year, whether there are any beginning teachers employed for September;

• check that they have been given a reduced timetable. This is not referred to by percentage, but a good guide is that in England and Wales, the allocation is 10%;

• in September, make yourself known to the beginning teacher(s);

• at the end of September, check that progress on induction has been made. If not, seek a meeting with the principal to find out whether there are any problems;

• if these problems cannot be resolved, seek advice from the Northern Ireland National Centre;

• keep in regular touch with beginning teacher(s) - check that they are getting opportunities to attend Education Authority courses;

• check in January/February that the interim report has been generated. If not, seek a meeting with the principal to find out whether there are any problems;

• in June, check that the beginning teacher(s) has successfully completed induction and that the appropriate documentation has been signed.

Early Professional Development (EPD)

The aim is to assist beginning teachers in consolidating their capability as reflective practitioners. Teachers are required to plan and carry out focused activities. They have to maintain a portfolio of their work, make use of e-mail and electronic conferencing to engage with a professional network beyond the school, and share their learning experiences with other teachers.

The beginning teachers may be able to obtain credit towards postgraduate study leading to a higher award for the work they have undertaken for their EPD.

NASUWT Representatives should:

• check before the end of the summer term whether there will be any EPD teachers in the school from September;

• seek to ensure that they have a reduced timetable as for the Induction Year;

• in September, make yourself known to the EPD teachers;

• in October/November, check that they are being allowed to attend the Education Authority training day;

• check that the Professional Development Activity (PDA) has been agreed, not imposed - and is of a reasonable size;

• throughout the year, keep in contact with EPD teachers;

• in the summer term, check that EPD teachers have been given a day to complete their PDA;

• at the end of their second EPD year, check that EPD teachers have been successfully signed off.

If there is any indication either that these teachers are not getting proper support or that they are being overburdened, Representatives should contact the Northern Ireland National Centre.

Partnership approach

A professional partnership exists between the schools, the Education Authority, the higher education institutions and, where appropriate, and CCEA. All partners contribute, in a flexible and collaborative way, to the provision of an integrated programme of teacher education.

Teacher competence model

This underpins all three stages of teacher education and is organised under five headings:

1. understanding the curriculum and professional knowledge;

2. subject knowledge and subject application;

3. teacher strategies and techniques and classroom management;

4. assessment and recording of pupils’ progress; and

5. foundation for further professional development.

Successful completion of EPD

When the beginning teacher and teacher tutor are satisfied that all criteria for EPD have been met and that the work is authentic, they will seek formal endorsement from the principal that EPD has been successfully completed. The board of governors will confirm completion on the recommendation of the principal and, on sight of the teacher’s analytical summary, produced at the end of EPD.

Workload for the beginning teacher

Over the course of two years, EPD should involve the beginning teacher in approximately forty identified hours of directed reading, reflective thinking, planning and, following a period of teaching, monitoring, reviewing, evaluating, discussing and writing up the work done through a portfolio of evidence.

Teachers in short-term employment

Beginning teachers may find that they cannot engage in EPD in a meaningful way unless they are in one school for a period of at least two terms. Teachers who are employed on a one-year contract and on long-term substitute cover can, and should, take part in EPD.

The school should have in place:

• a clearly designed induction programme;

• a teacher tutor who will support beginning teachers.

The beginning teacher, in consultation with teacher tutor and head of department, will produce an action plan. This is produced after discussion and based on:

• Career Entry Profile;

• the beginning teacher’s interests;

• school needs;

• department needs.

During the year, the beginning teacher should develop a portfolio. This should include:

• Career Entry Profile;

• induction action plan;

• examples of planning for teaching and learning (related to action plan);

• sample of pupils’ work (related to action plan);

• written feedback from classroom observation.

The beginning teacher should be provided with time to:

• consult teacher/tutor;

• consult head of department;

• discuss proposed classroom observations and receive feedback from same;

• observe experienced teachers;

• observe peer group.

For further information:

Teacher Education Partnership Handbook: www.education-ni.gov.uk/articles/teacher-education-partnership-handbook

The NASUWT remains committed to protecting members from unnecessary bureaucracy and workload. Inspection is often cited as a major cause of workload. However, the Education and Training Inspectorate (ETI) makes it clear that teachers and school leaders are not expected to undertake additional work of any sort in preparation for inspection.

The ETI adopted a new model of inspection in Northern Ireland in 2017. The new format is designed to be more proportionate to risk with more frequent, shorter inspection activities where that is appropriate. The ETI aims to visit schools, outside the full inspection or follow-up process, approximately every three years either through a Sustaining Improvement Inspection (SII) or Monitoring Inspection (MIn). This is in addition to the incidental district visits undertaken by district inspectors.

Sustaining Improvement Inspections (SII) are aimed at schools which have been previously evaluated as having a high level of capacity or the capacity to identify and bring about improvement. To maintain their SII status, schools can expect an SII inspection three years after their last inspection. However, there may be occasions when ETI deem a different model of inspection to be more appropriate.

The notice period for an SII is 48 hours.

Monitoring Inspections (MIn) are described by ETI as being more proportionate to risk and therefore allow ETI to focus its available resources where they will have the most effective impact. Schools not having a full inspection, follow-up inspection or SII will have a MIn that will determine the type and timescale of the next inspection activity.

The notice period for a MIn is 48 hours.

Full Inspections will take place over four days for post-primary, youth centres, Education Other Than At School (EOTAS) and special schools and over two, three or four days for primary schools. The school will have a pre-inspection visit conducted by a reporting inspector. The notice period for a Full Inspection is two weeks. There are no changes to the follow-up inspection process.

Follow-up processes

For schools evaluated as having either a high level of capacity for sustained improvement or the capacity to identify and bring about improvement in the interest of all learners, there will typically be an SII around three years after the original inspection.

For other schools, the ETI will engage in a formal follow-up inspection process. For schools evaluated as needing to address important areas for improvement, this will take place within 12-18 months; the follow-up will take place within a two-year timeframe for those schools evaluated as needing to address urgently significant areas for improvement.

Complaints procedure

If a difficulty arises before/during/after an inspection or during a visit by an inspector, concerns can be raised in a number of ways.

Informal complaint stage

In most circumstances, an issue should be resolved at an informal level. If you wish to express a concern about a difficulty which has arisen during an inspection or a visit by an inspector, the concern, in the first instance, should be raised with the reporting inspector (RI), or the inspector if it is an inspection visit, as soon as possible. In the unlikely event that the complaint is about the RI, then this should be raised with the deputy reporting inspector (DRI) in the first instance. The RI/DRI, working with the inspector if appropriate, will work to resolve the matter as soon as possible, preferably during or immediately following the inspection.

Formal written complaint - Stage 1

If it has not been possible to resolve your concerns informally, you may decide to make a formal complaint. A formal complaint can be made in writing at any stage during an inspection or up to 12 weeks from the date of the visit or the final formal oral report-back at the conclusion of the inspection.

The complaint should be sent to: Complaints Inspection Services Team, Rathgael House, 43 Balloo Road, Bangor, Co Down BT19 7PR, or e-mailed to: [email protected]

Formal written complaint - Stage 2 Internal Review

If after Stage 1 of the procedure has been completed you are unhappy with the way in which your complaint has been investigated or you feel the outcome is unfair, the next step is to ask the ETI to review the way in which your complaint was investigated and dealt with. You should write again to Complaints at Inspection Services Team to ask for your complaint to be reviewed within 20 days from the date of the ETI response relating to Stage 1. The ETI will acknowledge your letter upon receipt. Your letter should:

• outline clearly the reasons you are not satisfied with the investigation and/or outcome;

• provide any supporting evidence you feel appropriate; and

• tell ETI what you would like them to do.

The Northern Ireland Ombudsman

If you are still not satisfied after the completion of the complaints procedure, you can refer the complaint to the Northern Ireland Public Services Ombudsman (NIPSO) within six months. The NIPSO is entirely independent and can investigate complaints of maladministration against a public service provider. The NIPSO will expect complainants to have exhausted the ETI’s complaints procedure. Information on referring a complaint to the NIPSO is available on its website http://www.nipso.org.uk or by e-mailing [email protected]

Job descriptions should be kept as short as possible and, in particular, must not contain duties that do not require a teacher’s professional skills or judgement and should not contain lengthy lists of administrative duties.

• Descriptions of existing jobs should reflect current duties and should not be used as a means of changing a teacher’s role within the school.

• No job description should contain duties/responsibilities outside those set out in Schedule 3 of the Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987. For most teachers, not all the duties listed are appropriate.

• There is no obligation for a teacher to sign their job description.

Governing bodies should ensure that similar posts carrying similar levels of responsibility are rewarded equally and that all staff are treated equitably. See panel on Equal Pay.

For further information:

Schedule 3 of the Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987

Maternity

Teachers in grant-aided schools have overlapping rights to maternity leave under their contract of employment and under statutory provisions. These rights are contained within the Teachers’ Maternity Scheme. The maternity scheme is the result of an agreement between the Management and Teachers’ Sides of the Teachers’ Salaries and Conditions of Service Committee.

Employees who are pregnant or nursing mothers have the right to a safe and healthy working environment in which they will not be required to do work that is potentially harmful to themselves or their child.

The Scheme shall apply to all pregnant teachers irrespective of pay or weekly working hours, while temporary teachers can apply for maternity.

Maternity leave and pay entitlement

A teacher on maternity leave who is entitled to Statutory Maternity Leave and/or Statutory Maternity Pay (MP) or Maternity Allowance (MA) may be entitled to share some of the leave with the child’s biological father or her husband or partner, including same-sex partner or civil partner, who is expected to have the main responsibility for the upbringing of the child, apart from the responsibility of the mother, as using Shared Parental Leave.

Subject to conditions and eligibility, Additional Paternity Leave can be taken if the teacher on maternity leave has returned to work after 20 weeks and without exercising her full entitlement to maternity leave.

Pregnant workers must comply with a variety of requirements, mainly concerned with notification to employers, at various stages of the pregnancy and maternity leave in order to qualify for some benefits and protections. Members who become pregnant should be advised to contact the Northern Ireland National Centre for advice as soon as possible.

Maternity pay

A teacher who has less than 52 weeks’ continuous service as a teacher with one or more employing authorities at the beginning of the 11th week before the EWC, but has at least 26 weeks’ continuous service teaching into the 15th week before the EWC, shall only receive an entitlement to SMP. A teacher who is not eligible for SMP may be entitled to MA.

A teacher who has completed not less than 52 weeks’ continuous service as a teacher with one or more employing authorities at the beginning of the 11th week before the EWC shall receive maternity pay as follows on the condition that she will be available, or able, to return to work for the required period specified in Paragraph 6 of the TNC 2021/1 Teachers’ Maternity Leave Scheme:

1. a teacher eligible for SMP will have the payments made in the first six weeks of absence offset against the payments made under b and c below;

2. for the first four weeks of absence - full pay, offset against payments made by way of SMP or MA for employees not eligible for SMP;

3. for the next two weeks of absence - 9/10ths of a week’s pay, offset against payments made by way of SMP or MA for employees not eligible for SMP;

4. half pay for the next 12 weeks of the absence. If the teacher is also entitled to either SMP or MA, she will be entitled to receive these payments in addition to half salary. There will be no deductions unless the combined half salary and SMP or MA exceeds full salary;

5. a further 21 weeks at SMP;

6. no pay for any remaining period of absence up to the date of return notified by the teacher.

Note: A week’s pay shall be treated as the amount payable to the teacher under the current contract of employment. If there are significant variations in the teacher’s salary, e.g. for a substitute teacher with qualifying service, the average salary [1] over the 52 weeks preceding the date of absence shall be treated as a week’s salary.

Footnote
[1] For a teacher paid on the 1/195 calculation method, the average salary will be that of a comparable teacher paid on an all-year round basis.

Frequently asked questions on teachers’ maternity

The following queries are predicated on the teacher meeting the qualifying service criteria of having 52 weeks’ continuous service immediately prior to the beginning of the 11th week before the EWC.

For further information:

TNC 2014/02: Teachers’ maternity leave scheme

Paternity

Teachers’ statutory rights, after qualifying period:

• up to two consecutive weeks’ paternity leave, to be taken within 56 days of the birth of the child, after 26 weeks’ continuous employment with the same employer by the 15th week before the expected week of childbirth;

• up to two weeks’ Statutory Paternity Pay (SPP) per week. There may be a local agreement on paternity leave on full pay;

• the right to unpaid time off work to attend up to two antenatal appointments, not exceeding 6.5 hours;

• the right to protection against dismissal, unfair selection for redundancy or detrimental treatment for any reason connected with paternity leave.

This is only available to the biological father of the child or the mother’s husband or partner, including same-sex relationships, or the intended parent if having a baby through a surrogacy arrangement.

The NASUWT has produced advice and guidance which can be found on our Paternity Leave page.

To qualify for paternity rights in a grant-aided school, the employee must have completed 26 weeks’ continuous service as a teacher with one or more employing authorities at the end of the 15th week before the baby is due or at the end of the week in which the adopter is notified of being matched with a child.

Length of Ordinary Paternity Leave

• Eligible teachers may take their statutory paternity leave in blocks of either one week or two consecutive weeks, but not odd days.

• Under the existing arrangements, teachers may apply for up to three days’ paid paternity leave, granted at the discretion of the board of governors.

• It is not possible to avail of the statutory and discretionary leave and pay provisions separately.

Examples:

• A teacher may be granted up to three days’ leave and pay at the discretion of the board of governors without choosing to avail of the statutory provision.

• A teacher may avail of one week’s statutory paternity leave and pay which may include the three discretionary days.

• A teacher may avail of two consecutive weeks’ statutory paternity leave and pay, which may include the three discretionary days.

• It is not possible to avail of the one or two consecutive weeks’ statutory paternity leave and separately of the discretionary days at a different time.

Statutory Paternity Pay

• During their paternity leave, eligible teachers will be entitled to SPP.

• SPP is paid for either one or two consecutive whole weeks as the teacher has chosen. As such, a teacher who applies for and is granted five working days’ leave, for example Monday to Friday, would only be paid their three days’ discretionary leave and would not be eligible for SPP. The rate of statutory paternity pay is the same as the standard rate of statutory maternity pay.

• Where the board of governors grants up to three days’ discretionary leave with full salary, this will be offset against any payments made by way of statutory paternity pay.

For further information:

TNC 2014-4: Teachers’ Paternity Leave Scheme

Frequently asked questions in relation to pension and maternity/paternity

Shared Parental Leave

Shared Parental Leave provides the option to share up to 50 of the 52 weeks of Maternity Leave/Adoption Leave to which the mother/partner is entitled provided the qualifying criteria are met. This provides the flexibility to submit up to three separate notices for leave during the child’s first year.

Those who are eligible for Shared Parental Leave should be eligible for Shared Parental Pay.

During Shared Parental Leave, each parent is able to work up to 20 days. These are called Shared Parental Leave in Touch days. These are in addition to the ten Keeping in Touch days available during Maternity or Adoption Leave.

These are optional and need to be agreed by both parties. Many teachers benefit from these days. They should be agreed and those who use them should expect to be paid a day’s salary.

The NASUWT has produced advice and guidance which can be found on our Shared Parental Leave page.

For further information:

TNC 2015/5: Teachers’ Shared Parental Leave Scheme

Parental Leave

Parental Leave is an additional right that provides the ability to take time off work to look after a child’s welfare, including spending more time with them.

Teachers’ Statutory Rights (after qualifying period):

• the right to 18 weeks’ unpaid leave for each child and adopted child up until their 18th birthday for those have a year or more continuous service;

• the right to protection against dismissal, unfair selection for redundancy or detrimental treatment for any reason connected with parental leave.

This is only available to those who are named on the birth certificate/adoption certificate or expect to have responsibility for the child’s upbringing (arental responsibility).

The leave can be taken once a child is born or placed for adoption, and is limited to a maximum of four weeks per child per year which can only be taken as whole weeks, unless the child is disabled, when shorter blocks are permissible.

A ‘week’ is based on the length of time worked over seven days, e.g. if someone normally works two days a week then one ‘week’ of parental leave equals two days.

The employer can postpone a request for up to six months if they have a ‘significant reason’, unless the parental leave immediately follows birth or adoption.

The NASUWT has produced advice and guidance which can be found on our Parental Leave page.

Adoption Leave (including surrogacy)

Teachers’ Statutory Rights (from day one of employment):

• the right to 52 weeks’ adoption leave;

• the right to protection against dismissal, unfair selection for redundancy or detrimental treatment for any reason connected with adoption leave or surrogacy.

If you qualify for 52 weeks of Statutory Adoption Leave, you will also be:

• able to take paid time off for up to five adoption appointments if you are the main adopter. The second adopter will be entitled to take unpaid time for two appointments;

• entitled to 90% of your normal earnings for the first six weeks of your Statutory Adoption Leave. However, the first four weeks under the contractual scheme will be at full pay;

• for surrogacy, there is a ‘statutory declaration’ which your employer may request, confirming your application for a parental order. If this is required, it must be signed in the presence of a legal professional.

The duration of the leave is 26 weeks’ Ordinary Adoption Leave followed by 26 weeks’ Additional Adoption Leave.

The other adoptive parent can take Paternity Leave and may have the right to Shared Parental Leave and statutory shared parental pay. Please refer to the Teachers’ Shared Parental Leave Scheme (TNC 2015/5).

Entitlement

Teachers who have completed 26 weeks’ continuous service with one or more employing authority leading into the week in which they are notified of being matched with a child are entitled to:

* In the case of overseas adoption, 26 weeks’ continuous service at the end of the week in which official notification is received or commencing with the week in which the employee’s employment with the employer began.

Effective date

The scheme applies to those teachers who:

1. are adopting a child from the UK, where an approved adoption agency notifies the adopter of a match with a child; or

2. are adopting a child from overseas, where they have received official notification that the relevant UK authority has issued a Certificate of Eligibility to the overseas authority.

During adoption leave, there is the option of working up to ten Keeping in Touch days. These are optional and need to be agreed by both parties. Many teachers benefit from these days. They should be agreed and those who use them should expect to be paid a day’s salary.

The NASUWT has produced advice and guidance which can be found on our Adoption Leave page.

For further information:

TNC 2015/4: Teachers’ Adoption Leave Scheme

  All meetings must be accounted for within directed time. This includes any meeting for a teacher who is paid a teaching allowance.

Midday supervision refers to supervision of children at any time during the school lunch break.

Teachers other than principals and vice-principals

The position of teachers regarding midday supervision is covered by Schedule 3 of Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987 as amended.

The relevant sections are in paragraph 4 as follows:

• Paragraph 4 (d) - Unless employed under a separate contract as a midday supervisor, a teacher shall not be required to undertake midday supervision.

• Paragraph 4 (e) - Subject to paragraph (f) all teachers shall be required to have a break of at least 30 minutes between the hours of 12 noon and 2pm.

• Paragraph 4 (f) - Teachers in nursery schools and in nursery units in primary schools shall be required to have a break of at least 30 minutes between the hours of 12 noon and 2.30pm.

NASUWT comment

This means that teachers, including promoted teachers, cannot be required to undertake midday supervision as part of their employment or promotion contract.

Despite the clear provisions of the regulations, some schools invite teachers to volunteer for midday supervision in one form or another and offer a trade-off of contractual time immediately before or after the midday break. The NASUWT has frequently advised teachers against entering into such arrangements.

Where there is a trade-off of contractual time, there is a probability that, contrary to the provisions of the regulations, the supervision will have been incorporated into their teaching contract.

Where some teachers are given additional time before or after lunch, a heavier teaching burden falls on the remaining teachers.

At the present time, teachers need all the non-pupil contact time they can get and it is not in their interest or in the interest of the pupils that valuable teacher time should be squandered on midday supervision.

Principals and vice-principals

Paragraph 4(13) of Schedule 1 of Teachers’ (Terms and Conditions of Employment) Regulations (Northern Ireland) 1987 require them to have responsibility for good order and discipline on the school premises whenever pupils are present, including the midday break.

This responsibility may be delegated to vice-principals from time to time.

It should be noted that the requirement is to have responsibility for order and discipline. This is a contractual obligation on a principal or vice-principal personally to carry out supervision at midday.

‘Second contract’ supervisors

The NASUWT advises members who undertake any midday supervision in a voluntary capacity that they can expect to be held accountable in the event of an accident.

Teachers who enter into a non-teaching ‘second contract’ to carry out midday supervision can also expect to be held accountable in the event of an accident. They should ensure that they are familiar with the contractual obligations of a midday supervisor, especially with reference to insurance and indemnity, which must be in writing.

The NASUWT has assisted and advised members who encountered problems, but they should be aware that the Union has no legal obligation to assist members in circumstances arising from outside their teaching contracts.

For further information:

Teachers’ (Terms and Conditions of Employment) Regulations (NI) 1987

Rate of remuneration

All qualified part-time teachers shall be paid for each hour worked at a rate based on the annual salary that would be appropriate if they were employed in a full-time capacity as follows:

1. if employed for a period of less than 12 months at an hourly rate prescribed in teachers’ salaries determinations (annual pay divided by 1,265);

2. if employed for a continuous period of 12 months or more or in other such circumstances as the Department may determine at a monthly rate determined by dividing the annual rate of salary by 32.4 and multiplying by the contracted hours per week and dividing by 12.

Conditions of appointment

Each employer will determine the number of hours a part-time teacher is to be employed and the length of contract, e.g. 12 months or less. In determining the ratio of class contact and directed time, employers should use the ratio of one additional hour of directed time for every three hours spent teaching children in a formal situation. Employers may aggregate non-teaching time to enable all part-time teachers to take part in staff meetings, parents’ meetings, in-service training or such other activities as the employer may decide to include within directed time.

A part-time teacher who is appointed after 1 August 1990 for a continuous period of 12 months or more will be eligible:

1. for sick leave in accordance with the Teachers’ Salaries Regulations;

2. for maternity leave in accordance with the Teachers’ Salaries (Maternity Absence) Regulations;

3. to complete their Early Professional Development (EPD) in accordance with arrangements laid down by the Department;

4. for promotion and other allowances.

All part-time teachers will be eligible:

1. to have such service admitted for the purposes of the Teachers’ Superannuation Regulations (NI) 1977;

2. for the award of experience points on completion of at least 26 weeks in aggregate of satisfactory service during the previous academic year.

Salary will be paid at monthly intervals. Temporary teachers are paid on the 12th working day of the month and are paid for all temporary days/hours worked in the previous month. Permanent and pro rata teachers are paid on the last working day of the month and they are paid for the current month worked.

A part-time teacher shall not be employed for more than 1,265 hours in any school year, 32.4 hours per week, and shall not be paid more by way of salary in respect of accumulated service than they would have received had they been employed in a full-time permanent capacity throughout the year.

Where a teacher is required to undertake additional directed time beyond that provided in their contract, they will be paid on a pro rata basis for each extra hour. The reason for the additional hours should be recorded in Section A of the monthly school return.

Teaching allowances and part-time teachers

Teaching Allowances may be split between a combination of full-time teachers, part-time teachers or both, provided that the full value of the Teaching Allowance is used and not exceeded. A part-time teacher may be awarded:

• a full Teaching Allowance, provided the Board of Governors is satisfied that the duties of the Teaching Allowance are able to be fully and effectively carried out within the teacher’s available working hours; or

• a Teaching Allowance on a pro rata basis commensurate with their hours, and the balance of that teacher’s allowance may be awarded to another part-time or full-time teacher.

For further information

Teachers’ Salaries (Amendment) Regulations (NI) 1993
Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000

Relevant bodies are charged with responsibility for determining individual teachers’ pay subject to current salary regulations and determinations. In schools with fully delegated budgets, the relevant body is the Board of Governors and in schools with partially delegated or non-delegated budgets, the relevant body is the employing authority.

The relevant body shall award:

• one point for each academic year in which a teacher has completed periods of employment amounting to 26 weeks of satisfactory service, whether continuous or not within the previous school year. For this purpose, a broken week counts as a full week, i.e. it will count as one week’s employment for the award of an experience point if the teacher has worked part of the week. Point Six is the maximum for qualifications, teaching and other experience;

• one point to a teacher in a special school or to a teacher in a primary or secondary school engaged wholly or mainly in teaching pupils with statements of special educational needs or in taking charge of special classes consisting wholly or mainly of children who are hearing or visually impaired. A second point may be awarded to a teacher who has experience or qualifications relevant to the teacher’s work.

The relevant body may award:

• one point a year for experience outside teaching which is considered to be of value to the performance of the teacher’s duties subject to a combined maximum of six points for qualifications, teaching and other experience;

• up to five teaching allowance points to a teacher who undertakes specified responsibilities beyond those common to the majority of teachers. Temporary responsibility points may be awarded for a task or responsibility that is for a limited and specified period, e.g. acting up.

Withholding experience points

The relevant body is empowered to withhold an experience point for any academic year in which service is considered to be unsatisfactory, but may not withdraw an experience point previously awarded.

Pay policy

The relevant body is required to draw up a pay policy in consultation with staff covering all aspects of pay for principals, vice-principals and teachers, including details of the management structure. It should be formally adopted by the Board of Governors and made known to all staff. It should be reviewed regularly.

Teachers should be informed of their salary placings for the following academic year by 30 April or 31 May and should be notified of their rights of appeal.

Any failure by a relevant body to meet its obligations in respect of salary policy should be reported to the Union by the NASUWT Representative.

Leadership pay

Principals and vice-principals are paid on a 43-point leadership spine. The leadership group is banded into eight school principal groups with overlapping ranges of spine points. The school Principal Group is determined by a formula which relates to the size of the school.

Important points to note:

• principals are paid within a seven-point Individual School Range (ISR);

• vice-principals are paid within a five-point pay range;

• the vice-principal’s salary must be above that of a notional ‘highest paid classroom teacher’;

• the vice-principal’s salary must not overlap with the ISR;

• salary progression for principals and vice-principals within the range(s) depends on performance.

Threshold

Teachers who have been on M6 of the main salary scale for one year can apply for threshold payments providing the teacher has had two years of successful Performance Review and Staff Development (PRSD).

If successful, this will place them on the first point of the upper pay spine (UPS1).

At two-yearly intervals from then on, teachers can apply for progression on UPS as far as UPS3 providing the teacher has had two years of successful PRSD.

For further information

DE: Guidance to Boards of Governors on leadership pay

Full-time and part-time teachers are automatically entered into the Northern Ireland Teachers’ Pension Scheme (NITPS). Teachers will automatically become members on commencement of a contract of employment unless they opt out.

For information about the NITPS and payment contributions, please see our Northern Ireland Pensions page.

The provision of teachers’ pensions is complex and NASUWT Representatives should be careful to avoid giving information to members about pension provision which amounts to individual financial advice. Specifically, NASUWT Representatives should avoid trying to work out a member’s pension benefits or making recommendations about a course of action a member should take in respect of their pension provision.

A serving teacher in pensionable service is known as an ‘active member’ of the NITPS. An active member can have service in more than one of the following NITPS:

1. final salary scheme with a normal pension age of 60;

2. final salary scheme with a normal pension age of 65;

3. career average scheme with a normal pension age which is the same as their state pension age.

Each of these schemes has a different benefits structure. Teachers can have mixed service, with accrued pension in NITPS 1 and NITPS 3 or NITPS 2 and NITPS 3. In order to determine the value of their pension benefits, TPS members must contact DE Teachers’ Pensions Team which administers the NITPS to obtain a pension benefits statement which gives details of their pension record and projected benefits.

Active members of the NITPS receive an annual statement of benefits which they should check against their service record for accuracy. Copies of the annual statement can be obtained from DE Teachers’ Pensions Team.

If a member believes their pension benefits statement to be inaccurate, they should ask for it to be corrected. If they experience any difficulties in this regard, they should email the NASUWT Northern Ireland office for assistance via or call 028 9078 4480.

Transitional arrangements for implementing pensions reform

One of the key achievements of the NASUWT industrial action is the transitional arrangements for implementing teachers’ pension reform:

• teachers with ten years or less remaining service in the final salary pension scheme on 1 April 2012 have seen no change to their pension age or their final salary arrangements;

• teachers with between ten years and thirteen years six months’ service remaining in the final salary pension scheme on 1 April 2012 have benefited from tapering protection against the increase in the pension age and the transition to career average arrangements. These members will have a transition date after 1 April 2015 where they will ‘transition’ from the final salary scheme to the career average scheme.

Teachers who joined the NITPS before 1 April 2015 will have mixed service and will be able to take their accrued pension in the final salary scheme at its pension age under the final salary arrangements. For many years, most teachers will have mixed service when reaching retirement and will have different pension ages for their different ‘pension pots’. The following scheme design features will apply to different types of teachers’ pension pots.

Key features of the NITPS

Final salary schemes

Teachers who began teaching on or before 31 December 2006 have a final salary pension scheme with an automatic tax-free lump sum and a normal pension age of 60. The final average salary is the best of the pensionable salary received in the last 12 months before the date of retirement or the average of the best consecutive three years’ salaries in the last ten calendar years, revalued by inflation, if this is more advantageous.

Teachers who began teaching on or after 1 January 2007 have a final salary pension scheme with an option of tax-free lump sum commutation of up to 25% of their pension and a normal pension age of 65. The final average salary is the best of the pensionable salary received in the last 12 months before the date of retirement or the average of the best consecutive three years’ salaries in the last ten calendar years, revalued, if this is more advantageous.

Career average scheme

In the career average scheme, teachers earn one 57th of their annual salary as pension income. This is ‘banked’ and revalued annually in accordance with CPI+1.6%. The teacher’s normal pension age is their state pension age.

The NASUWT remains in dispute with the Government over detrimental changes to teachers’ pensions, including the increased pension age. However, unlike most pension schemes, the NITPS remains a defined benefits scheme where teachers know their pension benefits and can plan for the future. The NASUWT continues to strongly advocate that all teachers remain in the NITPS following enrolment.

The NASUWT is concerned about the pattern of teachers opting out from the NITPS, which has developed from 2011 onwards and which is heavily focused on teachers in the first five years of their careers. This is particularly the case for teachers in the first year of their career. The NASUWT asks Workplace Representatives to engage specifically with young teachers over their NITPS pension and to encourage them to remain within the NITPS. Teachers who have to fall back only on the state pension will face poverty in retirement.

NASUWT Representatives should make all members aware of additional benefits provided by the NITPS, which include:

• ill-health early retirement after two years’ service as a teacher if the teacher becomes permanently incapacitated;

• the death grant of three times salary (pro rata of full-time equivalent for part-time teachers) to be paid to the partner or named recipient in the event of the teacher’s death in service;

• family pensions for partners and children in the event of the teacher’s death.

Retirement age

The minimum pension age in the NITPS is currently 55, although the Government has stated that this will increase. A teacher could therefore take their pension at 55 provided that they have at least two years’ pensionable service. Unless a teacher benefits from employer-funded early retirement or is in receipt of ill-health pension benefits, a pension taken before the normal pension age will be actuarially reduced. Any member considering taking an actuarially reduced pension should obtain details of the reduction from Teachers’ Pensions Team and take regulated, individual financial advice on the personal implications of this.

Phased retirement

Once a teacher reaches their minimum pension age, they can take phased retirement, meaning that they can access part of their pension and continue to work on a reduced basis. The teacher must reduce their income to 80% of their previous earnings to be eligible for phased retirement. If any member wishes to take phased retirement, they are advised to contact the NASUWT for assistance and also obtain individual financial advice on the personal implications of this.

Working beyond the normal pension age

Any teacher working beyond the normal pension age is advised to take individual financial advice on whether they should take their teachers’ and state pensions at the normal pension age or should postpone taking these until they eventually retire.

Provision of individual financial advice

Unions, by law, cannot give regulated individual financial advice and the NASUWT recommends Wesleyan as their approved provider of financial advice to members for this purpose. Wesleyan is available via Wesleyan Teachers or on 0800 316 7183.

The NASUWT is a signatory to a Centrally Agreed Staff Review and Performance Management scheme (PRSD) that came into existence in all schools in Northern Ireland with effect from 1 September 2005.

The scheme is compulsory for principals, vice-principals and all qualified teachers, with the exception of those undergoing Induction and Early Professional Development. It is the only scheme accepted by unions, management and the Department of Education (DE). NASUWT Representatives should guard against school-based versions of the scheme being introduced.

It consists of three distinct components:

• Planning and Preparation - to include an initial meeting;

• Monitoring - to include data collection and classroom observation;

• Review Discussion - to formulate a Review Statement and set objectives for the following year.

The whole process, including training, must take place within directed time. This may require a reordering of priorities and a reduction in other directed time activities.

Every school must have a PRSD policy. The Model Policy issued by the NASUWT totally conforms to the agreed scheme and is recommended as the appropriate policy for all schools.

Each teacher will have a Reviewer with whom they agree three objectives on an annual basis. The objectives should be linked to the School Development Plan and cover the areas of Professional Practice, Pupil and Curriculum Development, and Personal and Professional Development. They should also be SMART, i.e. Specific, Measurable, Attainable, Realistic, Time-bound.

Principals will be reviewed by two/three members of the Board of Governors assisted by an External Advisor.

Classroom observations and collection of information relevant to the objectives will take place at agreed times and with agreed personnel over the course of the annual cycle. The scheme allows for a MAXIMUM of two classroom observations not exceeding one hour in total.

Should a teacher have significant responsibilities outside classroom teaching and one of their objectives identifies this area, then one of the observations may, with agreement, be replaced with a Task Observation.

Observations and data collection of whatever nature must focus on the three agreed objectives and no other aspects of a teacher’s performance.

PRSD removes any justification for the plethora of self-evaluation/review schemes that operate in our schools and as such schemes are entirely voluntary, the NASUWT advises members against participation.

Appropriate resources should be provided to support the PRSD scheme and any training needs identified through the application of the process.

It is not part of the agreed scheme that teachers should cover classes whilst others are engaged in the outworkings of PRSD or the Review Process.

Only the agreed Planning Record and Review Discussion pro formas contained within the PRSD scheme should be used. As the scheme is applicable to all teachers in Northern Ireland, it is grossly unfair for a member to be subjected to individualised versions of agreed documents.

There is an agreed Complaints Procedure and a Code of Practice on the Collection of Information contained within the scheme and members should familiarise themselves with these.

PRSD must be confined to work required in Teachers’ (Terms and Conditions of Employment) Regulations (NI) 1987:

• Do not agree any Review Statement until you have taken time to consider its contents. Take it away and seek advice if you are unsure.

• PRSD does not form part of any disciplinary procedure and schools should not attempt to link the two by using a Review Statement to instigate or support any form of disciplinary action against a teacher.

• The Review Statement may be taken into account by those responsible for making recommendations on pay progression, but it is not and cannot be the sole indicator. Any attempt by individual schools or Board of Governors to use the statement in such a fashion will be vigorously opposed by the NASUWT.

For further information

TNC 2014/1: Performance Review and Staff Development Scheme

Broadly speaking, there are three main redundancy situations:

• closure of the business as a whole;

• closure of the particular workplace where the employee was employed;

• reduction in the size of the workforce.

If there is not a genuine redundancy situation, the dismissal may be unfair.

The dismissal of teachers on the alleged grounds of redundancy whilst class sizes are rising is not to be tolerated and will be resisted by the NASUWT wherever possible. The NASUWT Representative has an important role to play in preventing this situation from arising in the first place.

The Representative should:

• monitor the school budget carefully. The Representative is entitled to receive budget statements and should request them from the school principal;

• ensure, with the assistance of the Local Association Secretary, that the school is following the agreed Redundancy Procedure for schools;

• at the first hint of a potential redundancy situation, inform the Local Association Secretary and Northern Ireland National Centre, who will become closely involved should any member prove to be at risk.

Redundancy procedure

There is an agreed procedure for redundancies in all grant-aided schools. The procedure has the following requirements:

• the Board of Governors is required to inform the Union of proposed redundancies. Normally this is sent to the Northern Ireland National Centre. If it is sent to the NASUWT Representative, they should immediately send it to the Union;

• correspondence between the Board of Governors and the NASUWT will be copied to the NASUWT Representative for information. Union officials may need to consult the NASUWT Representative with regard to criteria and/or selection;

• the notification of proposed redundancy must comply with legislative requirements and include:

1. the reasons for the proposed redundancies;

2. the number and descriptions of teachers it is proposed to dismiss as redundant;

3. the total number of teachers employed at the school;

4. the proposed method of selecting the teachers who may be dismissed as redundant;

5. the proposed method of carrying out the redundancy with due regard to the agreed procedure.

Consultation

Assuming that the notice complies with the agreed procedure, it will then need to form the basis of statutory consultation. Employers are under a statutory obligation to consult with the NASUWT. This consultation must be carried out in good faith by the employer. The Board of Governors must respond to any representation by the Union. Failure to consult can be referred by the Union to an industrial tribunal and in addition may lead to a finding of unfair dismissal.

Redundancy avoidance

The Board of Governors, in consultation with the recognised unions, shall investigate possible means of avoiding compulsory redundancy, for example through:

• natural wastage through retirement or resignation;

• voluntary transfer to another school through the transferred redundancy scheme;

• redeployment within the school;

• premature retirement.

Criteria

The Guidance for Handling Teacher Redundancies states that governors must establish objective selection criteria if there are no suitable or sufficient volunteers for redundancy within the school.

In deciding the staff complement, the Governors will need to give preliminary consideration to the qualifications, training, experience and potential deployment of existing full-time, part-time and temporary staff. The curricular and non-curricular needs of the school should be clearly identified according to their priority.

The Guidance states that the following are areas for consideration when determining school needs and establishing justifiable criteria:

• statutory requirement for curriculum delivery and teachers’ contribution to the curriculum;

• specialist roles undertaken in school which cannot be easily replaced;

• total teaching experience in current school.

It is important that the use of and reliance on such criteria must be objectively justifiable and sustainable in relation to the financial or curricular deficits identified by the appropriate audit process. Criteria must take account of equality issues, such as sex, marital, civil partnerships or family status, pregnancy or maternity leave, sexual orientation, gender reassignment, racial group, age, disability, trade union membership or non-membership, criminal record, and religious belief and political opinion (refer to Equal Opportunities Policy TNC 2009/2).

Also, part-time teachers must not be treated less favourably than full-time staff.

When completing the curricular audit, the Governors should list all skill areas which they consider essential and desirable for the future needs of the school.

• The Guidance advises that the use of ‘Last in, First out’ (LIFO) is potentially age discriminatory and must not be used as the sole criterion. It does, however, recommend that if, having applied the selection criteria based on the curricular and non-curricular needs of the school, two or more teachers remain equal, LIFO may be applied.

Staff will need to be flexible and prepared to transfer teaching responsibilities within schools. In post-primary schools, this will inevitably entail teaching other than an existing subject specialism and in primary schools not being restricted to a particular age group. Individual members of staff should ensure that their qualifications, including in-service courses, are known and updated in school records each year so that a proper audit of staff qualifications and experience can be made.

Notice period

A teacher dismissed as redundant must receive four calendar months’ notice for termination of contract on the last day of August or September.

Transferred redundancy

Permanent teachers, including temporary teachers with more than four years’ service, made compulsorily redundant and who satisfy the eligibility for entitlement to a redundancy compensation payment are included in a pool of like teachers who are considered for a transferred redundancy opportunity. This involves transferring a redundancy from one school where there is a compulsory redundancy to another school where a teacher has volunteered to access a redundancy opportunity. The teacher in the latter school would consequently be made redundant and the school with the original compulsory redundancy would transfer that teacher to take the place of the teacher who has volunteered to access a redundancy opportunity.

The transferred redundancy process is a two-step process. Step one involves transfers being restricted within employing authorities, e.g. Education Authority and the CCMS. Step two involves inter-employing authority transfers as well as the voluntary grammar and integrated sectors.

The involvement of a school in the process in terms of accepting a teacher being made redundant in another school onto their staff is entirely at the discretion of the Board of Governors of that school.

Statutory Redundancy Payment

Teachers who are made redundant receive a minimum tax-free redundancy payment on the following basis:

Redundancy payment is based on continuous service up to termination of employment. The maximum redundancy payment is based on the last 20 years of continuous service.

Enhanced redundancy payment

For several years, the Department of Education has run an enhanced redundancy scheme which has boosted the statutory payment by a multiplier of approximately 1.73. This is known as the ‘up to 52 weeks’ scheme. There is no guarantee that this scheme will be renewed in future.

The Union is not in a position to provide estimates of redundancy entitlement. Teachers in maintained schools should request an estimate from the CCMS or if in a controlled school, from the Education Authority. Teachers in voluntary grammar or grant-maintained integrated schools should request an estimate from their board of governors.

For further information

TNC 2010/1: Procedure for Handling Teacher Redundancies
Guidance for Handling Teacher Redundancies Revised December 2013

The school estate in Northern Ireland is currently undergoing an Area Planning process. This process aims to establish a network of viable schools that are of the right size and are located in the right place. The process inevitably means that some schools will close or merge.

Protections for teachers

TNC 2013/2: School Reorganisation Agreement sets out the arrangements for the transfer of teaching staff following any reorganisation of school provision in an area.

It will apply to permanent teachers and those temporary teachers who may have acquired rights of permanency, including principals and vice-principals, in schools affected by a reorganisation which has the potential to change the nature of the existing employment relationships between teachers and their Boards of Governors.

The Agreement protects teachers in the following circumstances:

• the creation of a new school through the amalgamation of two or more existing schools;

• the closure of an existing school;

• the establishment of new models of school governance within an area;

• the creation of new jointly managed schools.

The protections refer to continuity of employment within the service generally and do not necessarily imply an undertaking of employment within a specific school or schools.

There will be no compulsory redundancy of those teachers who are redeployed under the terms of this Agreement in the two years immediately following the effective date of the reorganisation.

Where it is determined that there will be a surplus of teachers immediately following the effective date of the reorganisation, applications for Voluntary Severance will be considered.

There will be no compulsory redundancy for those teachers who might elect to transfer voluntarily to another school not involved in the reorganisation in the two years immediately following the effective date of the reorganisation.

Reorganisation allowance

Any teachers who held a permanent Teaching Allowance in the year preceding reorganisation will have their allowance protected for a period of four years.

Travel and house removal expenses

A teacher in the new school who has to undertake additional travel or move house as a result of the reorganisation may be eligible for travel and house removal expenses.

For further information

TNC 2013/2: School Reorganisation Agreement

All permanent teachers, including teachers who are paid as though they are employed in a permanent capacity, working in grant-aided schools are covered by the provisions for sick pay contained in Regulation 19 of the Teachers’ Salaries Regulations (NI) 1993. Substitute teachers are not entitled to sick pay.

The provisions in regard to the teachers’ sick pay scheme are summed up below for quick reference:

The minimum sick pay entitlement is:

• in the 1st year of service - full pay for 25 working days and, after four calendar months’ service, half pay for 50 working days;

• in the 2nd year of service - full pay for 50 working days and half pay for 50 working days;

• in the 3rd year of service - full pay for 75 working days and half pay for 75 working days;

• in the 4th year and successive years of service - full pay for 100 working days and half pay for 100 working days.

(The sick leave year is deemed to be from 1 April to 31 March.)

The term ‘full pay’ means normal gross earnings inclusive of SSP.

The term ‘half pay’ means half normal gross earnings plus SSP subject to reduction by the amount by which total income exceeds normal gross earnings.

A teacher who is absent due to illness on 31 March and who continues to be absent after that date will have that period of illness treated as being part of the previous year’s entitlement to sick leave.

Where illness prevents a teacher from attending school, they must:

• notify their principal by phone on the first day of absence and indicate the nature of the illness and the possible duration. If the principal is unavailable, the vice-principal or other designated member of staff should be informed. In exceptional circumstances when a teacher is unable to notify the principal, a relative or friend may do so;

• ensure that the principal is kept informed of the progress of the illness in order that alternative arrangements can be put in place.

Documentation

On return to work, the following information must be submitted:

• from the first day to the third day of absence, no certificate is required;

• from the fourth day to the seventh day of absence, the principal must be notified on form CCU67 which can be obtained from the school;

• from the eighth day of absence, a doctor’s statement must be submitted to the principal before expiry of the second week of absence;

• subsequent doctor’s statements must be submitted to the principal as soon as possible following receipt to ensure continuation of sick pay;

• if admitted to hospital, a doctor’s certificate on entry and discharge must be sent to the principal.

Please note that a teacher who has been absent because of illness for a total of 20 working days in any year ending 31 March and who has not submitted a doctor’s statement in respect of any of those 20 days shall not be entitled to salary for any subsequent days of absence through illness in that year unless they furnish a doctor’s statement.

Monitoring attendance

Principals are responsible for monitoring teachers’ absence. The principal should ensure that the process identifies the following:

• absences related to stress;

• absences of more than six casual days in a 12-month rolling period;

• continuous absences of four weeks or more.

The teacher shall maintain contact with the principal during a period of sickness absence.

Returning to work after sickness

It is the responsibility of the teacher to report to the principal as early as possible on the first day of their return to work and provide a brief explanation of the reason for their absence.

If a teacher’s absence level or pattern present a concern, the principal shall arrange a formal attendance meeting. The purpose of the attendance meeting is to determine and discuss the reasons for the absence level or pattern. It is not a disciplinary meeting.

The meeting provides the opportunity to discuss issues such as reasonable adjustment in the case of disability, the possible need for a medical referral, discussion of an Occupational Health doctor’s report, the availability of counselling sessions, the accuracy of attendance records (teachers to be provided with a copy) and measures which can effect an improvement in attendance.

Loss of benefit

Unacceptable delays in notifying the principal or failure to provide evidence of incapacity may result in loss of salary or Statutory Sick Pay (SSP).

Holiday periods

A teacher who is ill prior to a school holiday and continues to be ill during the holiday period shall be paid at the rate applicable on the last working day before the holiday period. The holiday period is not counted against the teacher’s entitlement to paid sick leave.

If a teacher has exhausted entitlement to sick pay, there shall be no entitlement to salary. Absences due to illness on non-working days other than holidays are treated similarly. A teacher who has been ill immediately preceding a holiday period and who has ceased to be entitled to salary at the full rate or half rate and who recovers from illness during the holiday period shall be regarded as having returned to duty on the day they are certified medically fit to do so by means of a medical certificate obtained for that purpose and salary at the full rate shall be paid to them from that date, provided they actually resume duty on the first day after the holiday period.

For further information

TNC 2013/2: School Reorganisation Agreement

Stress is the reaction of our body and mind when the demands made of us become too much for our ability to manage. Stress is an area of concern for NASUWT Representatives as well as Health and Safety Representatives.

Signs of stress in colleagues may be:

• behavioural changes such as irritability;

• aggression;

• unwillingness to accept advice or co-operate with others;

• increased use of cigarettes, coffee, alcohol and other drugs;

• overworking; and

• difficulty in maintaining concentration.

Particular pressures on teachers include:

• excessive workload, including excessive and ineffective meetings;

• poor pupil behaviour;

• Education and Training Inspectorate (ETI) inspections;

• major changes in working practices;

• threat of violence;

• management bullying;

• threat of harassment;

• lack of career progression.

The NASUWT Representative should treat the issue as a collective problem and:

• work with the NASUWT Health and Safety Representative;

• hold a meeting and organise a short survey, using the online Wellbeing at Work tool on the NASUWT website, to encourage members to discuss the issue;

• investigate the prevalence of stress-related illness by checking sickness, absence and accident statistics;

• consider suggesting the implementation of a general stress management programme. Argue that stress-related absence costs money and impairs the performance of the school by reducing productivity, creating increased and unpredictable sickness absence, causing a high staff turnover, as well as leading to behavioural problems, poor working relationships and less teamwork. It tends to have a domino effect if left unchecked: colleagues may themselves be put under greater pressure;

• if an individual member has problems, identify and address the underlying causes. Also suggest potential assistance, such as programmes of anxiety management, counselling, relaxation and/or assertiveness training.

Where a member has suffered extended absence as a result of work-related stress, the NASUWT Representative should take advice from the Northern Ireland National Centre.

Job sharing is a method of working where teachers share one full-time post. Job sharing is different from part-time work in that, although the hours worked by each teacher are part time, together the teachers take joint responsibility for the full-time post and are regarded as a full-time unit. Job share arrangements can be permanent or temporary for a maximum of two years. A teacher or teachers who wish to apply for a job share should do so using the application form in TNC 2009-4: Job share scheme for teachers.

Applications for job share arrangements, specifying the preferred working pattern, should normally be forwarded to the Board of Governors not later than 31 January to commence job sharing in the next school year. The granting of a job-share arrangement is entirely discretionary on the part of the Board of Governors who must assess the suitability of the post for job sharing and consider fully the needs of the school.

Decisions taken regarding the granting of job share opportunities must be objectively justified. Should an application be declined, the teacher has the right of appeal. A written appeal must be lodged within 14 days of receipt of the notification of the decision. The appeal will be heard by a sub-committee of the Board of Governors. The teacher will be invited to a meeting of the above sub-committee and can be accompanied by a teaching colleague or recognised trade union representative.

Job share considerations are normally internally trawled in the first instance. In circumstances where a suitable job share partner(s) is not identified through an internal trawl, steps should be taken to advertise the post externally.

Working arrangements

Provided the requirements of the full-time post are being met, the working arrangements should be agreed between the principal and the teacher and approved by the Board of Governors.

Allocation of teaching allowances

In the event that the teacher requesting job sharing is holding a teaching allowance, a number of options are available:

• the sharer holding the teaching allowance may be allowed to retain the full value of the allowance - providing the duties of the teaching allowance are able to be effectively carried out;

• the sharer holding the teaching allowance may be allowed to retain a proportion of the value of the allowance;

• the Board of Governors may require the teacher to fully relinquish the allowance, in which case the duties associated with it will also be relinquished by the teacher.

Applications for teaching allowances

Teachers involved in job sharing are eligible to apply for teaching allowances on the same basis as a full-time teacher.

Cover for job sharers

In the event of the illness of a job share partner, the other job sharer will normally be offered the opportunity to cover the hours of the absent sharer.

Resignation

Where a job share partner resigns, the other job sharer should be offered the opportunity to return to full-time work on a permanent basis.

Resumption of full-time working

Teachers job sharing on a permanent basis shall have no automatic right to return to full-time employment.

For further information

TNC 2009-4: Job share scheme for teachers

Where a temporary teacher is engaged for a fixed term less than a school year, they shall be paid a salary at the rate of 1/195th of the appropriate gross annual salary for each day worked. This includes an element of holiday pay.

If the teacher is engaged on a temporary contract for the full school year, they shall be paid a salary on the same basis as if they were permanent. The full-time temporary teacher is therefore entitled to paid leave of absence and paid sickness leave on the same basis as a permanent teacher.

Temporary teachers are also entitled to experience points with incremental advancement stopping at point six on the pay spine in the same way as permanent teachers. Their salary advances by one full increment or experience point on 1 September each year, provided that they have completed at that date at least 26 weeks of teaching employment, whether continuous or not, within the previous school year. For this purpose, a broken week counts as a full week, i.e. it will count as one week’s employment for the award of an experience point if the teacher has only worked part of the week.

Temporary teachers who complete six years’ experience are also entitled to progress across the threshold to the upper pay spine.

Temporary teachers employed for a period of less than 12 months shall be paid for each working day at the rate of 1/195th of the salary which they would receive if employed in a permanent capacity.

For further information

Teachers’ Salaries Regulations (NI) 1993 No. 318 (Regulation 14)

This scheme allows a permanent teacher to request a temporary reduction in working hours, or, if available within the school, additional hours for permanent part-time teachers. The temporary variation would normally be short term, but may be for a period of up to one year with possible extension in extenuating circumstances.

Appeals

A teacher who believes the request, put in writing to the principal detailing the reason for the request and the time of the temporary variation of contracted hours sought, has not been properly considered may lodge an appeal, setting out the grounds of the appeal in writing to the chair of the Board of Governors within 14 days of the receipt of notification of the decision.

A meeting will be arranged to hear the appeal before a sub-committee of the Board of Governors. The teacher has the right to be accompanied at the meeting by a teaching colleague or a recognised trade union representative.

For further information

TNC 2009/7: Temporary Variation of Contract

Second journeys to school

The travelling expenses for teachers undertaking second journeys to school in the same day as part of their directed time are paid at current civil service rates.

As there is no agreement for subsistence rates, these travelling expenses are paid for the teacher’s full return journey.

In-service training

Travelling expenses are also payable for attendance at officially approved in-service training courses. These are paid at separate in-service training rates. Members should ascertain what expenses, including subsistence, are payable before they agree to attend a course.

Peripatetic teachers

Peripatetic teachers of children with special needs are paid travelling expenses at civil service rates. These are paid at the full rate in any year for aggregated journeys up to 4,000 miles and at the reduced rates for all journeys beyond this threshold.

For current rates, contact the Northern Ireland National Centre.

After one year’s service on point 6 of the Main Pay Scale, teachers are eligible for consideration for progression to Upper Pay Scale 1 (UPS1) in accordance with the agreed threshold arrangements.

Applications are assessed by the principal.

It is recommended that the principal holds an induction meeting with eligible staff as soon as possible. They should issue application forms and supporting information to them.

In making decisions, the principal will take account of the teacher’s performance in the four threshold standards and the two most recent Performance Review and Staff Development (PRSD) review statements. It is not an automatic process. Successful teachers will move to point 1 of the Upper Pay Scale from 1 September of the year of the application.

The process is voluntary. Teachers who chose not to apply in the previous year are eligible to apply the following year. Teachers are responsible for making the application themselves.

Applications must be made on a specific application form (available from the principal) and submitted by early October in the school year when the teacher wishes to be placed on UPS1.

A teacher must demonstrate that they have met all four standards to ‘cross the threshold’, i.e. to move onto UPS1.

The standards relate directly to teaching and learning:

• core values, understanding of the curriculum and professional knowledge;

• teaching and assessment of learning;

• contribution to raising standards through pupil achievement;

• effective professional development.

Appeal process

In the case of unsuccessful applicants, principals should give written feedback on the reasons for the outcome of the application, standard by standard, within 20 working days of their decision on the application.

Teachers who, after feedback from the principal, believe that they have been wrongly assessed have the right to appeal against the decision under the appeal mechanism within the school’s salary appeal.

The Grievance Procedure should not be used for such appeals.

Questions and answers

Q. I was off on maternity for the whole of my M6 year. Can I still apply for UPS1 in the October following that M6 year?
A. Yes. The principal should make a professional judgement that if you had been in school that year, you would have been successful/unsuccessful in accessing UPS1. Should they make the judgement wrongly, there is the possibility that their actions could be deemed to be discriminatory.

Q. Can a part-time or substitute teacher progress to UPS1?
A. Yes, if the teacher has enough service. The length of service required is at least 26 weeks in aggregate (at least one per week) within a 12-month period.

Movement from UPS1 to UPS2 and from UPS2 to UPS3

After two years’ service on UPS1, teachers are eligible for consideration for progression to UPS2. After two years’ service on UPS2, teachers are eligible for consideration for progression to UPS3.

• Two consecutive successful PRSD review statements are required from the previous two years.

• The principal is responsible for approving the movement of the teacher - the decision being based solely on the basis of two successful PRSD review statements.

• No application form is required.

• Unsuccessful teachers can appeal under the appeal mechanism within their school’s salary policy.

Questions and answers

Q. I was on maternity for one of the last two years. Can I still progress on the upper pay scale?
A. Yes. The principal should make a professional judgement that if you had been in school that year, you would have been successful/unsuccessful in accessing the next UPS point. Should they make the judgement wrongly, there is the possibility that their actions could be deemed to be discriminatory.

Q. Can a part-time or substitute teacher progress on the upper pay scale?
A. Yes, if the teacher has enough service. The length of service required is at least 26 weeks in aggregate (at least one per week) within a 12-month period.

Advice to NASUWT Representatives for the protection of pupils and staff. Take advice from your Local Association Secretary prior to acting on this issue. Seek to negotiate with your principal or headteacher to:

• review, republish and enforce the school behaviour management policy;

• formulate a code of conduct and communicate to students and parents an unequivocal commitment to exclude pupils who fail to adhere to it;

• establish a policy of zero tolerance of verbal abuse, enforced through exclusion;

• resist attempts to use parental complaints to undermine teachers;

• train all staff, including the senior management team (SMT), in techniques for the avoidance and management of violent and disruptive pupil behaviour;

• ensure a risk assessment is carried out on any potentially violent pupils, with the results shared with all staff;

• place a trained SMT member on standby at all times for intervention in disruptive incidents;

• have SMT members available to support teaching staff experiencing pupil behaviour problems;

• seek to secure orders banning identified parents and intruders.

The NASUWT Representative should:

• keep a factual record of incidents of repeated indiscipline;

• insist, with the agreement of the member, that any assault on a member is acknowledged as such and reported to police;

• advise members to report all actual or threatened assaults and confrontational incidents causing stress through the workplace accident reporting procedure;

• report all actual or threatened assaults and confrontational incidents causing stress to the Health and Safety Executive using form NI2508.

In the event of management failure to establish a safe working environment, the NASUWT Representative should:

• make a formal request for a risk assessment of the conduct of pupils who repeat violent and disruptive behaviour;

• put management on written notice of exposure to action in negligence where there is a failure to take appropriate action over pupils whose recorded behaviour constitutes a ‘foreseeable risk’;

• take advice from the National Executive Member regarding the possibility of balloting for industrial action on refusal to teach pupils with an established record of violent and disruptive behaviour.

Where the NASUWT Representative feels that a member is not being supported, the Local Association should be called in. Members may be authorised by National Executive to exercise their professional judgement in refusing to teach a pupil.

Members MUST NOT refuse to teach a pupil without having first consulted with and received the support of their National Executive Member(s).

The NASUWT remains in dispute with the Department of Education on the issue of workload. Nevertheless, there are some protections within the existing contract in relation to teacher workload. The main provisions are included in TNC 2020/1/8: The Workload Agreement.

The most important aspect of the contract in relation to workload is the maximum limit of 1,265 hours per year that a teacher is required to be available to work. This time is known as directed time.

Important points about directed time:

• a teacher cannot be directed to undertake duties beyond 1,265 hours on 195 days;

• teachers should be given reasonable notice before being directed to undertake evening duties;

• duties related to Teaching Allowance and Special Educational Needs Allowance must be allowed for within the time budget of 1,265 hours;

• principals cannot direct teachers to take pupils on educational visits involving overnight stays. Break times are defined as directed time whether teachers are required to supervise or not;

• lunch times are not directed time and are therefore the teacher’s own time.

What should the NASUWT Representative do?

The NASUWT Representative should ensure that the principal fulfils their obligations in the Workload Agreement by determining a time budget for each member of the teaching staff, giving due regard to the individual responsibilities of each teacher. The principal should seek to agree with each teacher:

• the range of activities/duties which that teacher will undertake and the amount of time which that teacher will spend on each of these;

• the time budget should be distributed prior to the commencement of the teaching year.

If a teacher has not been provided with an individual time budget, they should not carry out any additional duties beyond teaching until the time budget is complete.

Representatives should focus on making sure that it is the work that teachers are actually expected to do that is on the time budget. If, for example, teachers are expected to read and respond to emails, then time must be allocated. A reasonable amount of time would be 20 minutes per day.