Sabbaticals available to teaching staff with 7 years service - General - HR in Schools and Academies

7 Sabbaticals available to teaching staff with 7 years service

20 Nov, 2018 10:23

Hello all

I've put together a policy for the School I'm working with who already have a basic policy in place for sabbaticals.

One period of paid sabbatical leave (usually a term) is available per year. It's only available to teaching staff (I'm fine with this) but the member of staff has to have 7 years' service to qualify/ This does not sit well with me and I am suggesting that is reduced to 5 years to avoid any risk of indirect age discrimination under the Equality Act.

I'm not sure that the School could defend it under the Equality Act schedule 9 http://www.legislation.gov.uk/ukpga/2010/15/schedule/9 as a 'business need'.

The School will be reluctant to change as 'it's always been done that way' so I need to back up my recommendations with some evidence that there is a risk. Does anyone have knowledge of any specific case law on this that I can use?

Thank you!

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Steve Bridger | 0 Posts

Community Manager

20 Nov, 2018 10:48

Hi Jo,

Not sure about case law, but I would've thought you were on firm ground in this case:

Teachers to be offered year's paid sabbatical to improve retention

I think the teaching profession is a different case given the issues regarding retention.

Having said that, as a parent I'm not sure I'd be happy for my child(ren) to be without a teacher for a term one year... and again the next, so there is a balance.
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Joanne | 0 Posts

20 Nov, 2018 10:53

In reply to Steve Bridger:
Hi Steve
Thanks for this, I'll take a look.
The Teacher has to apply and it goes to the Head and then Governors for consideration. I would think it would be very unlikely for it to be the same person each year, and the Governors take into account available cover etc.
They are reluctant to take my advice so I just need to back up what I'm saying... it's an old School so it's hard to get them to change! *sigh
Thanks again!
Jo
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Joanne O'Hagan | 0 Posts

21 Nov, 2018 12:53

In reply to Joanne:
We're in a charity but have a sabbatical policy that people can use after 5 years service. I don't really like that as a threshold but you might also go back to the school with your business case and also ask what's the significance of someone having 7 years service? What is the difference between those two time points that is actually pertinent to granting the request?
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Keith | 0 Posts

21 Nov, 2018 13:46

I think this isn't probably the hill to plant your flag and fight on.

If the school is comfortable with seven years then whilst there is a notional risk under the age discrimination legislation I think fighting that battle at best would lead to a Pyrrhic victory.
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Julie | 0 Posts

21 Nov, 2018 14:41

Is there not likely to be more of an issue with non teaching staff issues rather than age related issues?
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Joanne | 0 Posts

21 Nov, 2018 14:44

In reply to Julie:
It's about the knowledge and experience that they can bring to the teaching staff, in addition, it's easier to cover a teacher's role than support staff (apparently).
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Joanne | 0 Posts

21 Nov, 2018 14:46

In reply to Keith:
Hi Keith
Yes, you're right, I just need to back up my advice to them. I often advise and they go their own way, which is fine, I just outline the risks and move on :-)
Jo
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