Printable Version

The following represent the most commonly asked questions relating to the 35 hour working week and the contractual matters associated with Working Time Agreements.

Q1. How are teachers’ contractual duties determined?

They are shown in the SNCT Handbook Part 2: Section 2 - Main Duties

Q2. Can the duties be varied at school level e.g. by the insertion of such a variation in a school Working Time Agreement (WTA)?

No.

Q3. Can the duties be amended at District (authority) level?

Only if the SNCT approves the amendment.

Q4. How much time is contractually available for the duties?

35 hours in any full teaching week. If the week contains a teacher holiday the time available for contractual duties during that week is reduced on a pro-rata basis. Teacher holidays are best allowed for by regarding the teacher as having worked a normal timetable on the holiday.

Q5. Some schools seem to use a 38 week year and others a 39. Which is correct?

The difference between the two are the five in-service days. It is probably better to assume a 38 week year and hence contracted time would be 1330 hours per year. The five in-service days then do not count towards the 1330 hours. There should still be discussion as to the format and use of the in-service days.

Q6. How are the 35 hours distributed?

By the drawing up of an agreement at school level following negotiation (not simply “consultation”) within the School Negotiating Committee (SNC). A school calendar is a very useful addition to the formal agreement.

Q7. How is the staff’s consent obtained?

Either by a free vote of staff (best undertaken by the use of a secret ballot) or by the teachers’ side indicating their consent on behalf of the teaching staff at a meeting of the SNC.

Q8. What happens if an agreement can’t be reached?

The matter is referred to the Local Negotiating Committee for Teachers (LNCT). If the LNCT has previously produced a framework agreement, a “failure to agree” situation is less likely to occur.

Q9. Can the headteacher impose an agreement?

No.

Q10. Can a WTA be established by the headteacher asking staff to “approve last year’s agreement unless I hear from you”?

No. The SNC must meet in order to ratify any agreement.

Q11. Does the SSTA see the necessity for members to count the 35 hours to the minute every week?

Most definitely not. It should not be and is not necessary in most schools.

Q12. When might such a situation arise?

This approach may require to be adopted if a school’s senior management adopts any practice which is contrary to the terms of national agreements or where the professionalism of members is being attacked in any way. It is worth noting that schools which have successful Staff Liaison Committees have fewer problems in this area. It is useful if members seek further advice from the General Secretary if they are contemplating such action.

Q13. What should happen if it is recognised that a school’s WTA is not able to meet the demands being placed on teacher’s time?

The SNC should reconvene. (An SNC should in any event meet regularly to review matters.) The WTA may be amended but only by the express agreement of staff. It is valuable, of course, that any WTA contains an element of “flexibility time” to deal with unexpected contingencies. Members are entitled to view the school calendar for the current term as a settled issue.

Q14. Are there any contractual duties for unpromoted teachers which are not shown in the school WTA?

No. If a teacher carries out any work relating to a matter not covered in the WTA, by definition that work is non-contractual and hence is voluntary. All main grade duties (as defined in the SNCT Handbook Part 2: Section 2 - Main Duties) must be allowed for in the school WTA.

Q15. Are there any contractual duties for Principal Teachers not shown in the school WTA?

No. See the answer above.

Q16. What happens if a Principal Teacher does not have enough time for all management duties? Do these duties remain?

No. “Duties” exist only insofar as there is time available to complete them. If the time is not available, the low priority work is no longer contractual. For this reason it is all the more important that the demands placed on Principal Teachers (and unpromoted staff) are realistic and capable of being completed within the 35 hour week.

Q17. It has been suggested that teachers on sick leave (especially Principal Teachers) still have their contractual duties to complete on return to school. Is this true?

This is absolute nonsense. The work, including management tasks, should have been completed by someone else during the teacher’s absence.

Q18. There is much reference to Principal Teachers’ “Management Time”. Does this time actually exist?

It must be stated clearly that all teachers can be asked to teach classes up to the limit of 22.5 hours imposed by national agreement. In the past it has generally been that Principal Teachers are given time for “management” duties by having a reduced timetabled commitment. There is really no other mechanism to provide such time.

Q19. Can Principal Teachers be given formal “management time”?

This might happen but is exceptionally unlikely for those Principal Teachers who have anything approaching a normal timetabled commitment. If “management time” is to exist, it must like all other time be accounted for in the school WTA. It is easily seen that Principal Teachers cannot undertake normal class teaching, have the usual preparation and correction time and for there to be time remaining to permit a formal allowance of “management time”. Many local agreements on cover make mention of “management time”. Hence many school based statements on the application of the cover policy will make provision to protect “management time” from class cover calls.

Q20. Is it possible for there to be a different WTA for Principal Teachers?

It is common for the time required for “Principal Teachers’ Meetings” to be shown as a discrete item on a WTA. Unpromoted staff would have this time accounted for in a different manner. It is, however, unusual to write a separate WTA for Principal Teachers.

Q21. What happens when an individual teacher finds that his/her workload cannot be completed within the 35 hours?

If additional time needed is significant, the teacher should see the headteacher to permit discussion of necessary arrangements to be made to solve the problem. This might mean that duties are prioritised to the extent that some are not completed by the teacher.

Q22. What causes such situations?

These problems commonly arise if
a).    an individual teacher has a large number of pupil reports to complete (perhaps being the sole teacher of a subject);
b).    a teacher has a significantly heavy upper school commitment in a subject which uses a large amount of time for internal SQA work;
c).    there have been heavy demands on a teacher to provide cover for absent teachers.

Q23. How are the contractual obligations of part-time teachers defined?

The general contractual obligation is on a pro-rata basis. However, the duties must be capable of being performed on days on which the part time teacher is contractually committed to attend (with the exception of Parents’ Evenings). It should be noted that many jobshare agreements require both jobshare partners to attend on all in-service days. Additional duties shown on a WTA must be carried out by part-time staff at times end on to their working blocks. This may mean part-time staff undertaking their contracted duties at different times from full-time staff.

Q24. How can I obtain further advice?

Your school representative may assist but only in terms of providing or explaining the school WTA; (this person may, in fact, be our negotiator rather than the school representative).

Any member requiring advice as to the interpretation of a WTA should contact the General Secretary.

Printable Version

School Rep Bulletin - Working Time Agreements

1. Introduction

Since 2006 the pupil contact time for secondary teachers in Scotland has been limited to a maximum of 22.5 hours per week. Teachers are contracted to work for 35 hours per week. Part 2 Section 3.9 the SNCT handbook states that:

“An allowance of no less than one third of the teacher’s actual class contact commitment is provided for preparation and correction. The use of remaining time will be subject to agreement at school level within LNCT guidelines, based on the Code of Practice on Working Time Arrangements (see Appendix 2.76).”

SNCT Part 2: appendix 2.7 Code of Practice on Working Time Arrangements for Teachers states that:

“Each educational establishment will prepare an annual programme of activities, which require the involvement of teachers. In each school, teachers will agree the range of collective activities contributing to the wider life of the school on a collegiate basis. The use of the remaining time (that is, time beyond the combined class contact and preparation/correction allowance) will be subject to agreement at school level and will be planned to include a range of activities, such as:

• additional time for preparation and correction;
• parents meetings;
• staff meetings;
• preparation of reports, records etc;
• forward planning;
• formal assessment;
• professional review and development;
• curriculum development;
• additional supervised pupil activity; and
• Career-Long Professional Learning.

The individual and collective work of teachers should be capable of being undertaken within the 35 hour working week.”

The activities listed above should be discussed by School WTA Negotiating Committees (SNCs) and time allocated to each element in individual School Working Time Agreements (WTAs).

The time commonly called “collegiate time” for secondary teachers is 35 – (22.5 + 7.5) = 5 hours per week. Hence the annual time is 38 x 5 hours equating to 190 hours. The figure of 38 is used rather than 39 because the 39 week teaching year includes 5 in-service days.

It should be noted that “collegiate” time (sometimes mistakenly called “directed” time) is a matter for agreement at school level; it is not under the direction of the headteacher and/or the authority. To regard it as “directed” time would be to the significant disadvantage of SSTA members, teachers generally and the education service as a whole.

It is stressed that a written WTA must exist for every school, that each WTA is subject to scrutiny by the relevant LNCT and that the LNCT can require that errors and or omissions in any WTA are corrected. The following advice is therefore offered with regard to the negotiation of WTAs.

2. General

2.1 The Composition of School Negotiation Committees: SNCs must be set up on the basis that the teacher unions alone determine the composition of the teachers’ side. Membership of the teachers’ side should be in proportion to the relevant memberships of the unions operating in the school. It is strongly advised that there are no attempts made to exclude from membership of an SNC any teaching union represented on the SNCT and operating in the school even where the union represents only one member. There are potentially legal implications in this area which the Association would wish to avoid. It is the Association view that WTAs should be generally approved by the teaching staff on the basis of a secret ballot. The extent to which individual unions are represented on an SNC is not relevant in any terms of “voting”. For the avoidance of doubt, the SSTA should not accept the establishment of any SNC which includes teachers who are seen as “representatives” of non-union teachers. Similarly any attempt by management to appoint or have appointed to SNCs teachers as “Representatives” of specific grades of teachers (e.g. “Principal Teacher Representative”) should be firmly resisted and any failure by management to accept this point should be regarded as a failure to agree. The matter would then be referred to the LNCT. It is worth noting that non-union members are not represented on LNCTs or the SNCT. (An employer may make any arrangements it chooses to consult such teachers but the views presented to the employer should carry such weight as the employer determines. Such consultation would be outwith existing mechanisms.)

2.2 Chairing SNC Meetings: There would appear in certain schools to be an assumption that the headteacher should chair the SNC. This should be resisted and where it occurs, the assumption should be challenged. The position should rotate. If the headteacher has (without formal agreement) held the post for the last three years, it is suggested that the teachers’ side hold the chair for a similar period.

2.3 Submission to the LNCT: As stated above, all proposed WTAs must be submitted to the LNCT for its comment and approval. No WTA is operable until this has been done.

2.4 Monitoring the Agreement: SNCs have a duty to do more than simply draw up the WTA. Regular meetings of the SNC must be scheduled (during normal school time i.e. the 35 hours) to permit discussion of any problems identified by either management or teachers.

3. Specific WTA issues

The chief task of an SNC is to draw up the WTA. A WTA must specify the amount of time to be allocated to each of the contractual tasks identified in SNCT Part 2: appendix 2.7 (noted above). Specific advice relating to the timings is given below. It is strongly recommended that the WTA is accompanied by an agreed calendar of events. This allows precise calculation of the hours involved in each item contained within the WTA and is therefore most useful in preventing disputes as to how many hours teachers have worked.

3.1 Additional preparation and correction time: This is perhaps the most difficult issue to quantify. Variations do exist both within schools and between schools as to the amount of such time required by teachers. There can be no doubt, however, that current trends in the curriculum place significant demands on teacher time. This should be a minimum of 40 hours.

3.2 Formal assessment: As with the previous item, there can be no doubt that current initiatives result in an increase in the time required for this element. It should include allowance for all time spent on external assessment. It should be noted that this would include not simply the correction but related administrative time. Such assessments include (but are not restricted to) prelim examinations which may be used in support of Special Consideration for SQA exams, NABs, internal assessment for national qualifications and any other assessments carried out under the auspices of an external awarding body. It is clear that the amounts of time required by teachers for this task varies considerably across subjects and is highly dependent on classes taught. However, a reasonable estimate towards the higher end of the range is necessary to ensure that the concept of a WTA remains valid. It is this item which has caused the greatest difficulty for a significant number of teachers. Complaints that insufficient time has been allocated are common. The SSTA therefore recommends that a figure of at least 40 hours is now adopted.

3.3 Preparation of reports, records etc: A reasonable assessment of how long is required to prepare and complete each individual report (even where this is only one to two minutes) needs to take place. It is also worth noting that the tasks of collating, copying and sending reports to parents and carers fall into the category of “Administrative and other non-teaching duties” and are dealt with by the Statement On Teacher Professionalism in Part 2: Appendix 2.6 of the SNCT Handbook:

“Teachers will not be asked to undertake administrative and non-teaching duties which are generally undertaken by support staff.”

3.4 Curriculum development: It is generally observed that most schools can only allow up to five hours for this item. Major curriculum development work remains work for seconded teachers.

3.5 Continuous professional development: It should be noted that this is in addition to the 35 hours of CPD which all teachers are contractually committed to.

3.6 Additional supervised pupil activity: This is likely to be a statement that recognition is given to the wide range of voluntary activities undertaken by teachers.

3.7 Staff meetings: These include all meetings staff are required to attend both within and outwith the pupil day. It is generally advised that such meetings are not scheduled for intervals or lunch breaks. The DM time must therefore be counted regardless of whether the DM is held during or outwith the pupil day. Members are advised to ensure that DMs do not over-run the allocated time.

3.8 Parents’ meetings: Time needs to be set aside to allow preparation for the meetings as well as the actual meetings. This may include, for example, looking out pupil work and setting it in order, making notes on each pupil to share with parents and carers, and discussion with colleagues where classes are shared.

3.9 Flexibility factor: Many schools have included this item. It leaves perhaps 5 to 10 hours available for contingencies. If the figure arrived at significantly exceeds this amount, it can only be because certain essential items are missing from the proposed WTA. The whole WTA should be re-examined in such cases.

4. Agreements and failures to agree

As indicated above, the best method whereby teaching staff ratify a school WTA is by a secret ballot conducted and counted jointly by the staff and the management sides. If, however, the WTA is to be ratified by a decision of the School Negotiating Committee, a meeting of SSTA members should be held to indicate that a draft WTA be ratified.

Any failure to reach an agreement should be referred to the LNCT which should have mechanisms to deal with such eventualities.

The existence of a WTA and the contracted 35 hour working week does not mean that the SSTA advises its members that they should rigidly operate a 35 hour week. The Association represents members of a profession and the Association’s own research clearly indicates that teachers generally work well beyond 40 hours per week. This stance, however, can only apply where the Association remains convinced that the school management or authority negotiates and operates on the basis of the importance and contractual validity of the 35 hour week. Statements from the Joint Chairs of the SNCT relating to “collegiality” which carry the Association’s full support are of significant relevance in this regard. Where management ignore the terms of the WTA or operates in a manner totally at odds with the definition of collegiality, the Association will advise members as to appropriate action.

Further information and guidance on WTAs and related issues are always available from the General Secretary.

Scottish Secondary Teachers' Association and most other UK teaching unions have written an open letter to the new government setting out our concerns about the potential impact of funding cuts on the education system. The letter, published in the Sunday Times, calls for a commitment to fund the additional costs already facing schools and colleges and protect all education funding regardless of sector, age or location.

CfE Cutting Bureaucracy Report March 2015               *****IMPORTANT*****

Guidance for schools on

1. Assessment – based on professional judgement, no need for large folios of evidence
2. Forward Planning – NO need to plan, assess, record or report every outcome
3. Monitoring and Reporting – use CAUTION with ICT planning and reporting systems
4. Self Evaluation and Planning – “tick box” audit distracts from teaching and learning

SSTA to issue guidance to be used in Working Time Agreements negotiations.

Materials to be circulated to schools see www.ssta.org.uk

Education Scotland

1. Review of the Inspection Process for implementation in the autumn 2017
2. Meeting arranged on SSTA involvement with CfE Management Board (5 May)
3. SSTA involvement in future consultation arrangements on education matters

SQA - New Qualifications

1. The SSTA has met with the SQA and raised issues identified in the SSTA survey including bureaucracy, verification processes, information on website and training
2. The survey also showed teachers removing themselves from the external qualification process. Further findings to be considered by the Education Committee
3. Chief Executive of SQA to attend SSTA Congress and take part in a Q&A session

Supply Teachers

1. SSTA is working with SNCT on improving the current arrangements including a national register and restoration of supply teacher pay rates.
2. Information received from members, supply teacher shortage, highlighted in the press
3. Supply teacher bulletin see ssta.org.uk

Flexible Working

SSTA Salaries Conditions of Service Committee is preparing updated guidance on Working Time Agreements for distribution by the end of April

Absence Management

1. Increasing examples received of schools using the procedure to ‘bully’ teachers.
2. SSTA advocating a review in LAs to produce a fair and supportive procedure

‘Named Person’ consultation

1. Additional Support Needs advisory panel thanks members for their help in producing the SSTA response available on ssta.org.uk
2. SSTA member’s fact sheet available on ssta.org.uk

Scottish Teachers for Enhancing Practice 21 March

SSTA sponsored event with participants appreciative of the association’s involvement

General Teacher’s Council Scotland

1. Professional Update (PU) guidance for Senior Managers well received ssta.org.uk
2. PU focus group meeting to discuss personal CPD entitlement and the reduction of the administrative procedures

 Ulster Teachers’ Union Conference 20 March

1. Opposition to Education Budget Cuts and cost of living pay increase
2. Social Media policy to protect teachers, pupils and schools
3. Changes to produce a positive and supportive Inspection process

Association Teachers and Lecturers (ATL) 30 March – 1 April

1. ATL to explore a closer working relationship with the NUT
2. Workload survey to include impact on retention and recruitment of teachers and those in senior positions. Develop proposals to reduce workload and the shortage of teachers
3. To campaign and raise awareness of issues faced by young carers
4. Support for more practical work in the Curriculum and in Examination process
5. Conference addressed by Labour Education spokesperson - committed to end Free Schools and review Ofsted but continued to promote the Academy School programme.

National Union of Teachers (NUT) 3 – 5 April

1. Campaign to reduce teacher workload and to gain a national contract for teachers
2. A national register of Supply teachers to end the exploitation by supply teacher agencies (more than 400 exist in England)
3. Celebrate the benefits to education of older teachers
4. Changes to GCSE has had a detrimental impact on schools and consider the end of examinations at 16 and possible review of the review of post-14 curricula

Irish National Teachers’ Organisation (INTO) 6 – 7 April

1. Reduce class sizes – Primary classes of 24 and mixed classes (3 year groups) 15
2. Extra teacher posts to meet increases in pupils with special needs
3. Measures to allow NQTs to complete probation
4. Increased investment in Continuing Professional Development

Association of Secondary Teachers’ in Ireland (ASTI) 7 – 9 April

1. ASTI with the Teachers’ Union of Ireland (TUI) is taking industrial action to oppose the imposition of internal assessment of examination work (Junior Certificate).
2. Both unions have agreed to work closer together in the future and potential merger.
3. Agreement reached with government, to bring about the end the casualisation of teaching posts, the restoration of the pay levels of newly qualified teachers to those before the austerity measures were introduced, and only qualified teachers to work in schools

Scottish Trades Union Congress 20 – 22 April

1. Motions on Trade unions and Employment Rights, Equality and Social Justice, Economy and Industry, International Issues, Civil and Public Services, Education, Skills and Lifelong Learning stuc.org.uk
2. SSTA motions abolishing fees at Employment Tribunals and Government support for Young Carers passed unanimously
3. Education Motions included ending child poverty and retention of ASN funding
4. Congress was addressed by the First Minister and leader of the Labour Party

Forthcoming events:

1. Health and Safety Reps training Friday 12 June, Stirling – new date
2. School Reps training Friday 28 August, Stirling
3. Senior Managers seminar to be re-arranged for autumn term
4. May Day Rally – events in Aberdeen, Dundee, Edinburgh, Glasgow and Irvine

further information can be found on www.ssta.org.uk

A summary of May Day events being held around Scotland are listed below.  Further information on the events can be found on the STUC website at  http://www.stuc.org.uk/campaigns-and-external-events/mayday-2015

Sunday 3rd May, GLASGOW

May Day March and Rally Sunday May 3rd George Square 11am assemble 11.30am March off. Rally O2 Academy Glasgow – ALL WELCOME.

Thousands of trade unionists and supporters will march through Glasgow to celebrate the international workers day on Sunday May the 3rd. Organised by Glasgow Trade Union Council this celebration looks to reach out to all those striving for justice, peace and equality in our city. This year theme is young people as they face the brunt of unjust austerity, enduring insecure low paid employment, including zero hour contracts. That is why it is young people who will proudly lead off the May Day parade demonstrating that the trade union movement is a forward looking movement proud of our past while focusing on the struggle for a fair and equal future.

At Glasgow O2 Academy in the Gorbals, speakers include the writer and journalist Seamus Milne, a live video link with the USA's Fast Food Forward movement, Gordon Maloney NUS Scotland’s President speaking on the need for a Living Rent, representatives of the Glasgow Girls Campaign, Roza Salih and Stephen Smellie will be speaking about Kobane. Alongside tons of stalls and kids entertainment, a friendly and welcoming environment.

Critical Mass Cycle Friday –May 1st - ALL WELCOME.
The Labour Movement has a proud cycling tradition, in times past cycling was used as a means to communicate the message of socialism while providing a social environment for trade unionists and socialists to meet and talk. In recent years there has been an upsurge of interest in cycling including the formation of a new cycle club for trade unionists and friends the Glasgow Clarion Club.

To celebrate May Day and our cycling heritage many trade unionist and friends will be cycling out on May 1st from Glasgow Green. Participants are asked to wear red to promote May Day and to highlight our campaign for Glasgow and its employer to become a bike friendly city. Cyclists will gather at 4.30 pm in Glasgow Green cycling together through town and then refreshments will be served in the STUC in Woodlands Road.

Organised by Glasgow Trade Union Council

ABERDEEN,  Saturday 2nd May

“The ABERDEEN Trades Union Council May Day March and Rally is on Saturday 2 May 2015.

The marchers will assemble at Rubislaw Terrace from 10.30 am and the procession will march off at 11.00 am.

The procession will proceed to the Castlegate via Union Street (the whole length of Union St). The rally at the Castlegate is scheduled to commence at 11.45 am/12noon.

Organised by Aberdeen Trades Union Council (ATUC),

DUNDEE, Saturday 2nd May

Dundee Mayday March & Rally

Assemble Cowgate Underpass at 11:40am, march off 12 noon, Rally at Albert Square, Burns’ Statue.

Organised by Dundee TUC

Edinburgh, Saturday 2nd May

Organised by Midlothian TUC/Edinburgh & Lothians May Day Committee

Assemble 11.30 on Middle Meadow Walk , March at 12.00 led by Stockbridge Pipe Band.

Rally at Pleasance Theatre.

There will also be a May Day concert on Friday 1st May.

IRVINE, Sunday 3rd May

organised by Irvine and North Ayrshire Trades Union Council
Irvine and North Ayrshire Trades Union Council May Day March at 12 noon in Vineburgh Community Centre Quarry Rd Irvine.

Rally in Vineburgh Community Centre Quarry Road Irvine at 1pm.