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Ask the Union

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Q

I’m an agency supply teacher and my recruitment agency has just asked me to sign a Swedish Derogation permanent contract of employment. What is this and what happens if I sign it?

A

The Agency Worker Regulations 2010 (AWR) have brought in rights that allow agency teachers to claim equal pay with directly employed colleagues after 12 weeks in one assignment.

One way that agencies can avoid the obligation to pay equal pay is to use a loophole in the AWR which is often known as the Swedish Derogation.

This loophole allows an agency to offer you a contract stating that you will receive a minimum payment even when no work is available, in exchange for opting out of the right to receive equal pay after 12 weeks in one assignment.

The minimum payment you receive when no work is available must not be less than 50 per cent of the highest (eg weekly) earnings in the previous 12 weeks of the assignment.

Although signing this type of contract removes your right to equal pay it does not affect your other rights to equal conditions that are not pay-related, for example hours of work

We understand some agencies are telling agency teachers that if they do not sign these contracts they will be offered no further work.

To download NUT advice for supply teacher members on Swedish Derogation contracts visit www.teachers.org.uk/node/15966

Q

I am about to return to school after a lengthy period of sick leave. What can I expect?

 A

This will depend on your employer’s attendance management policy, but firstly you are likely to be invited to a ‘return to work interview’. Such interviews also form an integral part of the ‘fit note’ regime operated by GPs since 2010, and consider what, if any, adjustments might be needed to facilitate your successful return to work.

The interview is a good opportunity for you to be updated on any developments that have taken place in school during your absence.

The whole process should be about supporting you back into your role. If you like, you can ask that a union rep or friend accompanies you at such a meeting.

Following a return to work interview, you may find that your attendance is monitored for a while and any further absence followed up with additional meetings. Many schools will have policies in place which have a ‘formal’ element to them.

Such measures vary considerably. The Union argues that managers should focus on preventative measures, tackling health issues that cause the most absence, such as workplace stress, musculoskeletal disorders and voice loss.

If you have any concerns about the application of attendance management policies in your school you should contact your NUT school rep, or your division secretary (whose contact details are on the NUT website www.teachers.org.uk/contactus

Send your questions for the NUT’s experts on legal, professional, and health and safety matters to: Ask the Union, The Teacher, NUT, Hamilton House, Mabledon Place, London WC1H 9BD or email teacher@nut.org.uk

Please note that any questions relating to personal problems or specific workplace situations should be directed to your school NUT rep, or division/ association – find details at www.teachers.org.uk/contactus