Vol. Aided/Foundation School Support Staff â€“ P2AF/SP/09 (SS) NJC EDUCATION SUPPORT STAFF (OPEN-ENDED OR TEMPORARY) PART 2 - GENERAL TERMS AND CONDITIONS OF EMPLOYMENT
Section 1: Terms and Conditions of Employment During your employment with the school your terms and conditions of employment will be in accordance with collective agreements negotiated from time to time by the National Joint Council for Local Government Services, set out in the Scheme of Conditions of Service (commonly known as the Green Book), supplemented by collective agreements negotiated from time to time by the North Western Regional Council and as further amended from time to time by the school by local collective agreements reached with trade unions recognised by the school for the purposes of collective bargaining, and by the rules of the school all other relevant current and any future associated legislation introduced by the Government, including Education Acts and associated Regulations applicable to school staff. Details can be obtained from the school . The NJC agreements directly affecting other terms and conditions of your employment currently cover Appointment and promotion Post-entry training Payments to staff in the event of assaults on employees
Maternity Trade union membership Maternity support leave
Those rules and local agreements made by the school directly affecting other terms and conditions of your employment cover Access to personal files Alcohol policy Disciplinary procedure
Adoption, Paternity & Parental leave Capability procedure Disturbance allowance (on appointment and relocation) Gratuity scheme (applicable to employees who prior to 1.1.93 were not eligible for the Local Government Pension Scheme) Note: Scheme will be withdrawn from 1st November 2005 Payment for external activities Personal accident schemes Transitional support policy Provision for time off (other than holidays and sickness) Redeployment procedure Suspension of Sick Pay Agreement on Working Time Regulations
Code of Conduct (including ICT Acceptable Use Policy)
Grading appeals Equality of opportunity Grievance procedure Health and safety policy Job share scheme Smoking & Health policy Personal Harassment and bullying 1
procedure Receipt of bequests in wills Staff appraisal Travel and subsistence (including car schemes) Dismissal Procedure
Flexible working Valuing Diversity Dignity at Work (Harassment & Bullying) Behaviour Management In Cheshire Schools: Protecting Children And Adults
Documents are available for reference at the school. Section 2: Continuous Employment Statutory Rights Continuous employment for statutory rights, other than a redundancy payment, dates from the start of your employment with the school or any other eg Cheshire East Borough Council maintained establishment (date “B” in Part 1) UNLESS you are employed in two, or more, separate jobs in which case see below. For redundancy payment purposes, continuous employment with an organisation covered by the Redundancy Payments (Local Government) (Modification) Orders [RPMO employment], which covers local authorities and related bodies, counts as continuous employment with the school (date “C” in Part 1). If you do not have such employment, the effective date is the start of your employment with the school (date “B” in Part 1). HOWEVER if you are employed in two, or more, separate jobs, see below. Contractual Rights If you have continuous previous employment with an organisation covered by the RPMO (date “C”), this will be included in calculating your entitlement to: annual leave sickness allowance maternity If you have returned to RPMO employment following a break for maternity reasons, or reasons concerned with caring for children or other dependants, you will be entitled to have previous RPMO employment (date “C” in Part 1) taken into account in respect of sickness and maternity schemes provided that the break does not exceed eight years and you have not had any permanent paid full time employment in the intervening period. For the purpose of calculation of entitlement to annual leave the eight year limit does not apply. If you have continuous RPMO employment prior to 1 January 1999, that employment will also count in calculating the notice period you are entitled to (counting half such employment). In addition, if prior to joining the school you were made redundant from an RPMO organisation within the previous two years, continuous previous RPMO employment will be included in calculating you entitlement to: sickness allowance
annual leave notice (allowing half such employment) NOTE: See below if you are employed in two or more separate jobs. Statutory and Contractual rights for employees with more than one job. If you already have an existing job with the school and this is an additional one, the start date for both your statutory and contractual entitlements dates from your start date in this job. (If at a later date you resign from or are dismissed from your first job the continuous service you have accrued in the first job transfers to the second.) If this job replaces part of the hours you work in your existing job the continuous service for this job is the start date for your continuous service in your existing job. Section 3: Sickness Absence Your entitlement to sick pay is one month’s full pay and (after 4 months’ employment) 2 months’ half pay during your first year of employment, rising to 6 months’ full pay and 6 months’ half pay after 5 years' employment. Full details of the sick pay scheme are set out in the NJC agreements referred to in Section 1 and local procedures on the notification of absence. If you are sick you should notify your Headteacher/manager at the earliest opportunity, and in any case not later than one hour after you are due to start work. In certain circumstances, if it is considered you have abused the sick pay scheme, your conditions of employment allow for the suspension of your sick pay. In these circumstances an appeal against the suspension of your sick pay must be made in writing to your Headteacher/manager within ten working days of receipt of the letter confirming the suspension. Section 4: Duties The duties of your job are as detailed in your job description. Notwithstanding the detail in this job description, in accordance with the school’s Flexibility Policy, you may be required to undertake such work as may be determined by your Headteacher/manager from time to time up to or at a level consistent with the principal responsibilities of the job. All staff are expected to observe the school’s Codes of Standards of Conduct. Section 5: Flexibility of Place of Work/Job In accordance with the school’s Flexibility Policy, it is a term of your employment that you may be required to work on different duties or in any other job within your competence. Such jobs will be either in your present location or any other location as may be appropriate. Before implementation of any change, regard will be paid to your qualifications, experience, current duties and personal circumstances, through consultation with you and, if you so wish, your trade union representative.
Section 6: Hours of Work The standard working week for full-time employees is 37 hours. Your pattern of work is as determined by your Headteacher/manager. You The pattern will only be varied after you have been consulted. The school has a duty to ensure that staff are not exceeding the limits on working hours embodied in the Working Time Regulations. If you have a job with another employer you are urged to notify your Headteacher/manager. Section 7: Pay You are paid calendar monthly by credit transfer to a bank or building society of your choice. Your pay is subject to the school's pay policy, which is reviewed each September by the Governing Body. It is available for inspection at the school during school hours. Increments are payable, subject to satisfactory service, on the anniversary of your start date in this job until the maximum of the grade is reached. Section 8: Premium Payments Details of the provisions applicable for employees are detailed in the NJC Handbooks available for reference at County Hall or the Area Office. Overtime and Premium Payments are payable only while the conditions attaching to them are met and continue to be required. Section 9:
(a) Part-Year Employees (e.g. 83.7%, 5/6ths etc) – full- or part-time If you are employed on a part-year or term-time only basis (see footnote) you will take your paid annual leave (an appropriate proportion of that for a full-year employee – see (b) below) during the school closure periods. However, if you have more than 5 years continuous employment you will be entitled to either (i) more paid leave during school closure or (ii) some paid leave which may be taken during term-time with the prior agreement of the Headteacher/manager. For details see the pay and leave formula enclosed. Details of the closure dates are available from the School. (b) Full-year employees – full- or part-time If you are a full-year employee (see footnote), the entitlement for full-time, full-year employees is as follows (pro rata for part-time employees):Less than 5 years continuous RPMO service 25 days
More than 5 years continuous RPMO service 30 days
(c) All Staff There is an entitlement to 8 days public holiday per calendar year (pro-rata for part-time and/or part-year staff). For most employees the leave year is from 1 April to 31 March, some services may have agreed a different period and employees will be advised when these apply. Leave may only be taken by prior agreement with the Headteacher/manager. Annual leave may be taken in hours rather than full or half days, subject to the exigencies of the service. A formula for converting days into hours is available from your Headteacher/manager. Employees starting or leaving during the year are entitled to leave proportionate to the number of completed months notice during the year. Employees leaving the school are expected to use up any outstanding leave. Any leave taken in excess of their entitlement to the date of leaving will be repaid through an appropriate deduction from pay. Employees may carry over from the previous year or bring forward from the subsequent leave year 5 days (or equivalent pro rata). This does not apply to part-year staff â€“ see (a) above. You are paid your basic rate for all authorised absence from work. If you receive contractual payments in respect of your particular working hours and arrangements you are entitled to such payments during annual leave. Employees on continuous sickness absence for a period in excess of three months cease to accrue annual leave until they return to work (this does not apply to part-year staff â€“ see (a) above), subject to the requirements of the Working Time Regulations being met. Section 10: Notice of Termination of Employment The minimum period of notice to which you are entitled is: Period of continuous employment Less than 4 weeks 4 weeks but less than 2 years 2 years but less than 12 years 12 years or more
Minimum notice None 1 week 1 week for each year of employment 12 weeks
If your employment is terminated by the school (other than for reason of gross misconduct) you will normally be entitled to the period of notice set out above. However, the school reserves the right to terminate your employment summarily (other than for gross misconduct) in which case you will be entitled to pay as compensation for the period of notice to which you would have been entitled. This payment will be at the rate of your contractual pay at the date of the summary
termination. The payment in lieu of notice will be gross pay less income tax, national insurance contributions and any other appropriate deductions authorised by you or deductible in law. The minimum period you are required to give to terminate your employment is determined by your salary grade at the time you give notice, according to the following scale. If your grade falls into two of these bands, the notice required will be the lesser of the two periods:Salary grade G12 or above (scp 47+) G8 to G11 (scp 29 to 46) All other grades
Notice 3 calendar months 2 calendar months 1 calendar month
The normal retirement age is 65. Employees who wish to continue working after their 65th birthday will have their request to do so considered in accordance with the schoolâ€™s current employment policies. Section 11: Pensions Under the Social Security Act 1986 you are allowed to choose how you will make your pension arrangements. You will have been provided with further details of the options available to you with your original letter of appointment. A contracting out certificate is in force for the Local Government Pension Scheme. Section 12: Disciplinary Procedure The disciplinary rules applicable to you are set out in the Disciplinary Procedures, (see Section 1). An appeal against disciplinary action must be made in writing to your Headteacher/manager within 10 working days of receipt of the letter confirming disciplinary action. The full Disciplinary Procedure does not apply to employees serving their probationary period. Section 13:: Capability Procedure If your capability or performance is considered to be unsatisfactory, the school will apply the Capability Procedure, (see Section 1). An appeal against compulsory redeployment or dismissal must be notified in writing to your Headteacher/manager within 10 working days of the receipt of the letter confirming action under the procedure. Section 14 Grievance Procedure If you have a grievance relating to your employment you should discuss the matter initially with your Headteacher/manager. Further steps are governed by the Grievance Procedure (see Section 1). Section 15: Dismissal Procedure If you are dismissed for a reason other than indiscipline or incapability (e.g. redundancy, expiry of temporary contract), you are entitled to invoke the schoolâ€™s dismissal procedure (see Section 1). The purpose of the procedure is to ensure that employees are advised of the reason for the
ending of their contract, have the opportunity to discuss this with their Headteacher/manager, and have the right of appeal if they consider they have been unfairly treated.
Section 16: Maternity Rights Women who become pregnant may be entitled to maternity pay and leave and to reasonable time off for ante-natal care, subject to complying with certain notification requirements. The initial obligations on the employee are that she: -
continues to be employed by the school until immediately before the beginning of the eleventh week before the expected date of the child's birth;
notifies the Headteacher/manager in writing at least three weeks before her absence begins, stating the date on which her absence will begin, and, if intending to return to work with the school her intention to do so;
produces a certificate from a registered medical practitioner or a certified midwife stating the expected date of the child's birth.
Full details of the scheme are set out in the NJC agreements referred to in Section 1. Section 17: Background Checks & Disclosure Of Convictions It is a condition of your employment that during your employment you comply with any requirement to undergo statutory checks and any checks specified by regulatory or licensing agencies with which the school must comply. During your employment with the school you are required to disclose immediately if you are convicted /cautioned for any offence that may be related to your employment. If you are in any doubt about whether or not the conviction/caution is related you should discuss this in confidence with your Head/manager. If you are charged with any offence related to your employment you are strongly advised to discuss this in confidence with your Head/manager. People who have criminal convictions/cautions will be treated fairly. A full appraisal of the situation including risks involved and the relevance of the conviction will be undertaken before action is taken. If you do not disclose any relevant conviction or refuse to undergo a statutory check it could lead to your dismissal. In the case of teachers and other workers with children and young people, the school has a statutory duty to make a report to the DfES where a person is dismissed from such employment on grounds of misconduct, or where someone resigns in circumstances where s/he would have been dismissed, or considered for dismissal, on those grounds. A report may lead to barring or a restriction of employment. Section 18: Standards of Conduct You are subject to the schoolâ€™s Code of Conduct for Employees (see Section 1). The school seeks to maintain the highest standards of integrity and fairness in all its activities.
Section 19: Communications And Information Acceptable Use Policy The policy (see Section 1) has been developed to advise employees of if, when and under what conditions they may use the school’s communications and information systems for personal reasons. It sets standards to ensure that employees understand the position and do not inadvertently use communications and information in inappropriate circumstances. Section 20: Behaviour Management In Cheshire Schools: Protecting Children And Adults The aim of this policy (see Section 1) is to provide all those involved in education (children, parents/guardians, staff, governors and other adults in a school) with clear guidance on fostering safe, calm, constructive and supportive relationships. Section 21: Health & Safety In accordance with the terms of the Health and Safety at Work Act 1974, there is a copy of the Council's and the Governing Body's Statement of Health and Safety Policies in the school and you may see it at any reasonable time.
NB: The expressions “full-year” and “part-year” are used in these documents. A “full-year” employee is a person who is required to work throughout the calendar year, less his/her entitlement to annual leave and public holidays. A “part-year” employee is generally a person who is only required to work for part of a calendar year (e.g. term-time). During the rest of the year, s/he is not required to be available for work. However, “part-year” staff normally have their pay spread over 12 months. See the standard Annexes for details of specific “part-year” pay formulae.