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Contract Clause - Independent School

Hello

I'm currently in the process of redrafting our teachers contract, I have used the ISBA recommended template and this has now been passed to our SLT team for their thoughts. They have raised concerns about the clause below, stating that full time employees would never have their teaching periods reduced and it would only be part time staff that would experience this - to me that seems to be a breach of The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000?

Just wondering if anyone had a similar clause in their contracts that allows the school to vary working hours due to pupil numbers and how it is worded (feedback has been that the way it is written below is 'scary') and whether you apply it equally to full and part time workers?

Thank you Freya

1.1.  We reserve the right to make adjustments to your hours and days of work and timing of such work to take account of minor fluctuations in pupil numbers and timetabling needs. Part time work is defined for the purpose of this agreement as teaching less than the standard allocation of Teaching periods per week. The School will allocate teaching periods to you and reserve the right to alter the number of teaching periods allocated. Your salary may increase or decrease from time to time according to the periods worked and you will be provided, where practicable, with half a term’s notice of any changes prior to their taking effect.

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  • Our contracts currently don't go as far as this...we are still issuing written particulars, not necessarily with contracts as well. I am currently in the process myself of reviewing contracts across all 3 of our schools. I would suggest that the clause remains as is and that potentially the SLT is concerned about how full timers might react. I should imagine that in reality it would be very unlikely that a full timers pay would be decreased and there would need to be a significant reduction in pupil numbers to justify that. I think it is fair and consistent for all staff to have this as an inclusion in their contract.
  • In reply to Penny:

    Hi Freya/Penny

    I curious term but would you still have to consult over changing a term in the contract i.e. reducing someones hours and as a result pay as with any other contract of employment?

    Paul
  • Hi Freya,

    I'm interested in where you got with this change, and what your approach has been to amending the contract. We're looking to update our teacher contract, but are planning to do this for future hires rather than to renegotiate with existing colleagues. What approach did you take, and are there any lessons learned that you'd share? Thanks,

    Nina