Hi Sharon thanks for posting and Happy New Year. Hopefully someone will be along soon to help you out on this one :)

Hi Sharon

It sounds to me as if your dissenting teacher should submit a flexible working request, although I am not 100% certain. On the face of it, the contract appears to give the school the right to require teachers to work "additional, unspecified hours", but I am not completely convinced that clause would stand up if subject to legal challenge, hence my uncertainty. For the clause to stand up it would have to be deemed to be reasonable and I am not sure that such a broad requirement would pass this test. If the clause can be relied on, then an FW request would be necessary for the teacher to change her terms and conditions. If it cannot be relied on, then she is within her rights to refuse to work additional hours. 

Is there anyone out there with a view on this?

In reply to Elizabeth Divver:

Thanks Elizabeth (as always:)) I did think when I pasted the wording that it did seem rather loose in that surely we can't expect our teachers to work as and when required and I do think my query has raised an issue relating to the wording of our contracts which I will have to address.

In reply to Sharon :

I do not think your clause "All teachers are required to work any such additional, unspecified hours as may be required to discharge their professional duties effectively." or the standard T&Cs for teachers gives you the right to insist on them attending after school "clubs". I think the teacher is probably perfectly at liberty to refuse these additional duties and doesn't therefore need to ask for flexible working.

The clause is more to do with parents evenings and the like which would be part of their professional duties

If they were after school revision sessions etc then the argument might be different and your clause might come into play. But you employ the Teacher to teach not to run a netball club in the evenings.

I wouldn't force this one as its likely to be questioned by others and the goodwill you have relied on up to now could well be questioned.

Hi Sharon

I think this will depend on whether after school clubs are within the Directed time allocation as set by the Head. Directed time is time/activities as the name suggests, which is directed by the Head teacher and includes teaching, training, meetings etc.

Sharon

In reply to Keith:

Thanks Keith that makes perfect sense and have informed the Head of such

In reply to Sharon :

Hi, as I understand it, if it’s directed time and falls on their normal working day, then they are expected to work it. If it falls on their non working day (for part time teaching staff) they do not have to and should claim for overtime pay if they do decide to work. I have a paragraph from their terms and conditions document relating to this in my emails somewhere at work. Support staff are somewhat different again.