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Supply staff - pay during school closure

Hi all

I am getting a lot of questions from our academies re long term supply staff and pay should the schools close. The sourcing and appointment of supply staff is managed within our schools with no HR input, with previous efforts to be involved in some capacity snubbed until today, where I have now been tasked with trawling through all the various T&Cs (there's so many!!!!) to see if we are obligated to pay the agencies if schools do close etc to understand our position.

We have had a couple agencies state under AWR we should still pay them, however, only one agency has confirmed they are going to pay supply staff regardless 9I understand the contract with the worker is a separate thing).

All the agency T&Cs are stating the same thing - our charges will be based on the hours/days worked by the worker. Obviously if we're closed supply staff will not work.

Only one agency has stipulated in their T&Cs that we must pay should we close due to adverse weather (I'm guessing covering the more frequent snow days we've seen in recent years) but none have referenced infectious disease.

To clarify, school workers are to be paid should they be unable to work due to infectious disease under the national T&Cs (burgundy and green books), however, agency workers do not fall under these.

Internally, I'm being met with a lot of "I feel we should..", "the right thing to do..." from management, which I don't necessarily disagree with, but, I would like to know our obligations under AWR before we make any decisions.

Does anyone know the answer to this (is there one?!), or what are you all planning to do?

Thx

K

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  • Hi Kimberley
    I have checked this point with our legal advisors and have been told that under AWR, if the worker meets the 12 week qualifying criteria then they should be paid in the same way as permanent staff so I am applying this. However, I am also sticking to assignment end dates should these occur during the school closure.
    I hope that helps.
    Marianne
  • In reply to Marianne:

    Hi Marianne

    Thank you for this - ACAS are stating this also, although I have noted not everyone is honouring payment for those meeting the 12 weeks.

    Another development if I may put this to the forum too -

    We have ended some of our agency bookings over the few weeks, giving the contracted notice to the agencies. However today, one agency has told us that following the government's guidelines that public sector staff should continue being paid as normal (ie they should not be furloughed), they have reinstated our contracts and will continue to invoice us.

    Now on the teacher union websites, they have highlighted that agency staff can be furloughed as per government guidelines, however, the agency is stating their workers are paid through public funds!

    Is anyone else having these comms, and if so what are your thoughts?

    We are continuing to pay agency staff still with us, be it they're working from home or on a rota to attend our schools.

    Thx
    K