WHAT THE DATA TELLS US

Recommendations

The findings in this report show that peripatetic teachers and academic staff working in HE and FE are negatively impacted by unfair and inconsistent work practices, insecure contracts and a lack of professional respect.

Drawing on our data and a range of reports from devolved nations and the wider sector, the ISM sets out the following recommendations:

1 The government should ensure that there are clearer statutory definitions of employment status and support widespread awareness and understanding of employment rights. 4 Organisations should expect to pay self-employed staff higher rates than salaried staff to reflect the fact that they are responsible for their own sick pay, holiday pay, pension and training costs.

2 Organisations should acknowledge that freelancers face a range of challenges that salaried staff do not, do not benefit from the same terms and conditions and are often subject to unfair working practices.

3 Organisations should commit to reducing professional isolation and improving respect for music teachers and provide support and opportunities for visiting staff to connect with others.

10 Organisations should commit to more equitable contractual practices including, wherever possible, employment relationships. 5 Organisations should ensure that nonconsensual self-employment is not used as a means of reducing their own costs and individuals’ pay, and removing employment rights.

6 Where flexible working is agreed, the risks should not be one-sided or passed solely to the worker – contractual stability should be a core organisational objective.

11 Self-employed freelancers should be paid promptly for one-off events on receipt of an invoice and not via an institution’s payroll. 7 Organisations distributing public money should carefully consider the levels of casualisation as part of the application process and interrogate the reasons for this. Organisations in receipt of public money should explain the use of casualised contracts and outline how they intend to reduce their use as part of any application.

8 Organisations should be aware of the amount of unpaid work created by inflexible timetabling, travel and administration and should do everything possible to reduce this.

9 Peripatetic teachers should receive a level of pay which reflects their qualifications and experience and allows for pay progression.

12 Organisations should ensure that their staff are supported to access regular and relevant high-quality subject-specific CPD.

13 Zero-hours contracts should not be used if there is a regular pattern of work or a regular number of hours on offer. Nor should they be used if an individual wants an employment contract that guarantees a minimum number of hours. 14 Organisations should use zero-hours contracts only if they are jointly agreed with staff, where staff are able to request guaranteed hours, workloads are greatly variable and staff have comparable employment rights to other staff; zerohours contracts should be reviewed at least annually and where possible staff moved to a permanent or fixed-term contract.

As a result of the Supreme Court ruling in the case of Harpur Trust v Brazel on 20 July 2022, employers of peripatetic instrumental teachers on permanent contracts working for part of the year (even if they are zero hours contracts) must calculate holiday pay by taking the average weekly pay and multiplying it by 5.6. The department for Business, Energy and Industrial Strategy (BEIS) updated its guidance in 2020 and includes information on how to calculate holiday pay for term time only workers.61 This BEIS guidance reflects the Court of Appeal judgment and is referenced in the Supreme Court judgment.

This will have obvious financial implications for employers, particularly Music Hubs. The government has known this since the case reached the Court of Appeal in 2019 but has failed to put adequate funding in place to ensure Hubs can fulfil their legal obligations. In light of this ruling, the government must now act to increase the amount of money given to Hubs in the new investment process. As the ISM stated in Music: A subject in peril? ‘The [refreshed] Plan must not be used as a way of reducing wages and increasing insecurity to make budgets stretch further.’

Endnotes

1 Department for Education and Department for Culture, Media and Sport (2011) Music education in England: A review by Darren Henley for the department for education and the department for culture, media and sport https://assets.publishing.service.gov.uk/government/uploads/ system/uploads/attachment_data/file/175432/DFE-00011-2011.pdf 2 Department for Education (2021) Music education – Report on the Call for evidence conducted February – March 2020 https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/ file/1006059/Report_on_the_call_for_evidence_on_music_education.pdf 3 Underhill, J. (2022) Music: A subject in peril? https://www.ism.org/images/ images/ISM_Music-a-subject-of-peril_A4_March-2022_Online2.pdf 4 Education Reform Act 1998 https://www.legislation.gov.uk/ ukpga/1988/40/contents 5 Department for children, schools and families (2007) The standards site https://web.archive.org/web/20071026090041/http://www.standards.dfes. gov.uk/specialistschools/what_are/?version=1 6 Office for Standards in Education, Children’s Services and Skills (2001)

Specialist schools: An evaluation of progress 7 Academies Act 2010 https://www.legislation.gov.uk/ukpga/2010/32/ contents

8 Bolton, P. (2021) Higher education funding in England https:// commonslibrary.parliament.uk/research-briefings/cbp-7973/ 9 Ofsted (2002) Local education authority music services survey of good practice https://dera.ioe.ac.uk/10206/7/lea_music_good_practice_

Redacted.pdf 10 Fautley, M. and Whittaker, A. (2018) Key data on music education hubs 2018 https://www.artscouncil.org.uk/sites/default/files/download-file/

Music%20Education%20Hubs%2C%20Key%20Data%20-%202018.pdf

11 Department for Education and Department for Culture, Media and Sport (2011) The importance of music: A national plan for music education https://assets.publishing.service.gov.uk/government/uploads/system/ uploads/attachment_data/file/180973/DFE-00086-2011.pdf

12 Henry N., Barker V., Sissons P., Broughton K., Dickinson P., Lazell

J. and Angus, T. (2021) Mind the understanding gap, the value of creative freelancers https://www.creativeunited.org.uk/wp-content/ uploads/2021/08/Mind-the-Understanding-Gap-The-Value-of-Creative-

Freelancers.pdf 13 Arts Council England (2022) The relationship between Arts Council

England and Music education hubs 2022-2023 https://www. artscouncil.org.uk/sites/default/files/download-file/MEH_Relationship_

Framework_2022_23_04052022_0.pdf

15 Arts Council England (2021) Standard terms and conditions for music education hubs 2022-23 https://www.artscouncil.org.uk/sites/default/files/ download-file/MUSICE~1.PDF 16 Musicians’ Union (2022) Teaching rates of pay https://musiciansunion.org. uk/music-teaching/teaching-pay-and-employment/teaching-rates-of-pay 17 Welsh Government (2016) Code of practice ethical employment in supply chains https://gov.wales/sites/default/files/publications/2019-09/code-ofpractice-ethical-employment-in-supply-chains.pdf 18 Welsh Government (2022) National plan for music education https://gov. wales/sites/default/files/publications/2022-05/national-plan-for-musiceducation.pdf 19 Scottish Government (2021) Fair work first guidance https://www.gov. scot/binaries/content/documents/govscot/publications/advice-andguidance/2021/09/fair-work-first-guidance/documents/fair-work-firstguidance-supporting-implementation-fair-work-first-workplaces-scotland/ fair-work-first-guidance-supporting-implementation-fair-work-firstworkplaces-scotland/govscot%3Adocument/fair-work-first-guidancesupporting-implementation-fair-work-first-workplaces-scotland.pdf 20 Scottish Government (2019) Prompt payment https:// scottishbusinesspledge.scot/pledge-elements/prompt-payment/ 21 Department for Education and Department for Digital, Culture, Media and

Sport (2022) The power of music to change lives: A national plan for music education https://assets.publishing.service.gov.uk/government/uploads/ system/uploads/attachment_data/file/1085682/The_Power_of_Music_to_

Change_Lives.pdf 22 Underhill, J. (2022) Music: A subject in peril? https://www.ism.org/images/ images/ISM_Music-a-subject-of-peril_A4_March-2022_Online2.pdf 23 BPI (2019) BPI calls on government to tackle growing inequality in access to music in state schools https://www.bpi.co.uk/news-analysis/bpi-callson-government-to-tackle-growing-inequality-in-access-to-music-in-stateschools/ 24 Department for Education (2022) School workforce in England https:// explore-education-statistics.service.gov.uk/find-statistics/schoolworkforce-in-england 25 Belger, T. (2022) 1 in 3 teachers says year 9s don’t get regular music lessons https://schoolsweek.co.uk/national-plan-music-education-reactionteachers/ 26 Allen, B., Ford, I. and Hannay, T. (2022) Teacher recruitment, job attachment and career intentions after the Covid-19 pandemic https:// www.gatsby.org.uk/uploads/education/220620-teacher-recruitmentteachertapp-schooldash-gatsby-final.pdf 27 Department for Education (2022) Funding: initial teacher training (ITT) https://www.gov.uk/government/publications/funding-initial-teachertraining-itt 28 Worth, J. and Faulkner-Ellis, H. (2022) Teacher Labour market in England https://www.nfer.ac.uk/media/4885/teacher_labour_market_in_england_ annual_report_2022.pdf 29 Underhill, J. (2020) The heart of the school is missing: Music education in the COVID-19 crisis https://www.ism.org/images/files/ISM_UK-Music-

Teachers-survey-report_Dec-2020_A4_ONLINE-2.pdf 30 The Society of Authors (2015) Author appearances – guidance for colleges and universities https://societyofauthors.org/SOA/MediaLibrary/

SOAWebsite/Guides/Guide-for-Colleges-and-Universities-Engaging-Self-

Employed-Authors-for-One-Off-Appearances.pdf 31 ARC Stockton Arts Centre (2021) Policy for the employment of freelancers https://arconline.co.uk/policy-for-the-employment-of-freelancers/ 32 Mousteri,V., Daly, M. and Delaney, L. (2020) Underemployment and psychological distress: Propensity score and fixed effects estimates from two large UK samples Social science & medicine 244 https://doi. org/10.1016/j.socscimed.2019.112641 33 Gross, S.A. and Musgrave, G. (2017) Can music make you sick? A study into the incidence of musicians’ mental health part 2: Qualitative study and recommendations https://www.helpmusicians.org.uk/assets/publications/ files/can-music-make-you-sick-part-2-qualitative-study-1.pdf 34 Gross, S.A. and Musgrave, G. (2017) MAD - music and depression can music make you sick? Part 1: pilot survey report summary https://www. helpmusicians.org.uk/assets/publications/files/can_music_make_you_ sick_summary.pdf 35 University and College Union (2019) Counting the costs of casualisation in higher education https://www.ucu.org.uk/media/10336/Counting-thecosts-of-casualisation-in-higher-education-Jun-19/pdf/ucu_casualisation_ in_HE_survey_report_Jun19.pdf 36 Chartered Institute of Personnel and Development (2017) To gig or not to gig? Stories from the modern economy https://www.cipd.co.uk/Images/ to-gig-or-not-to-gig_2017-stories-from-the-modern-economy_tcm18-18955. pdf 37 Department for Business, Energy and Industrial Strategy (2018) The characteristics of those in the gig economy https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/ file/687553/The_characteristics_of_those_in_the_gig_economy.pdf 38 Ainsworth (2017) Gig economy: Introduction (House of Lords Library

Briefing) https://researchbriefings.files.parliament.uk/documents/LLN2017-0086/LLN-2017-0086.pdf 39 Lexis Nexis (2020) The gig economy https://www.lexisnexis.co.uk/pdf/ gig%20economy%20report%20-%20final.pdf 40 The Office of Tax Simplification (2016) The ‘Gig’ economy https://assets. publishing.service.gov.uk/government/uploads/system/uploads/ attachment_data/file/573483/OTS_Gig_economy_Focus_paper_Nov16_ final.pdf 41 UK Government (2022) Employment status https://www.gov.uk/ employment-status/employee 42 Ibid https://www.gov.uk/employment-status/worker 43 Ibid https://www.gov.uk/employment-status/selfemployed-contractor 44 Owen, N. (2022) ISM Column: Why employment status matters to music teachers https://www.musicteachermagazine.co.uk/other/article/ismcolumn-why-employment-status-matters-to-music-teachers 45 Uber BV v Aslam (2021) UKSC 5 https://www.supremecourt.uk/cases/uksc2019-0029.html

46 Ferguson, D. (2020) Insecure work: the Taylor review and the Good work plan https://researchbriefings.files.parliament.uk/documents/CBP-8817/

CBP-8817.pdf 47 Taylor, M., Marsh, G., Nicol, D. and Broadbent, P. (2017) Good work: The

Taylor review of modern working practices https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/ file/627671/good-work-taylor-review-modern-working-practices-rg.pdf 48 Work and Pensions and Business, Energy and Industrial Strategy

Committees (2017) A framework for modern employment: Second Report of the work and pensions committee and first report of the business, energy and industrial strategy committee of session 2017–19 https:// publications.parliament.uk/pa/cm201719/cmselect/cmworpen/352/352.pdf 49 Department for Business, Energy and Industrial Strategy (2018) Good work: A response to the Taylor review of modern working practices https://assets.publishing.service.gov.uk/government/uploads/system/ uploads/attachment_data/file/679767/180206_BEIS_Good_Work_Report__

Accessible_A4_.pdf 50 Department for Business, Energy and Industrial Strategy (2018) Good work plan https://assets.publishing.service.gov.uk/government/uploads/ system/uploads/attachment_data/file/766167/good-work-plan-commandpaper.pdf 51 Ferguson, D. (2020) Insecure work: The Taylor review and the Good work plan https://researchbriefings.files.parliament.uk/documents/CBP-8817/

CBP-8817.pdf 52 Conservative and Unionist Party (2019) Get Brexit done, unleash Britain’s potential, Manifesto 2019 https://www.conservatives.com/our-plan/ conservative-party-manifesto-2019 53 The Queen’s Speech 2019 https://assets.publishing.service.gov.uk/ government/uploads/system/uploads/attachment_data/file/853886/

Queen_s_Speech_December_2019_-_background_briefing_notes.pdf 54 TUC (2022) Government’s broken promise on employment bill will see

‘bad bosses celebrating’ https://www.tuc.org.uk/news/governmentsbroken-promise-employment-bill-will-see-bad-bosses-celebrating 55 Prime Minister’s Office (2022) Future of work review – Terms of reference https://www.gov.uk/government/publications/future-of-work-reviewterms-of-reference/future-of-work-review-terms-of-reference 56 Harpur Trust v Brazel (2021) Case ID: 2019/0209 https://www.supremecourt. uk/cases/uksc-2019-0209.html 57 Harpur Trust v Brazel (2022) USKSC 21 https://www.supremecourt.uk/cases/ docs/uksc-2019-0209-judgment.pdf 58 University and College Union (2021) Precarious work in higher education:

Insecure contracts and how they have changed over time https://www. ucu.org.uk/media/10899/Precarious-work-in-higher-education-May-20/pdf/ ucu_he-precarity-report_may20.pdf 59 University and College Union (2019) Counting the costs of casualisation in higher education https://www.ucu.org.uk/media/10336/Counting-thecosts-of-casualisation-in-higher-education-Jun-19/pdf/ucu_casualisation_ in_HE_survey_report_Jun19.pdf 60 University and College Lecturers’ Union [NATFHE] (1999) Memorandum on part time working https://publications.parliament.uk/pa/cm199899/ cmselect/cmeduemp/346/346ap41.htm 61 Department for Business, Energy and Industrial Strategy (2020) Calculating holiday pay for workers without fixed hours or pay https://www.gov. uk/government/publications/calculating-holiday-pay-for-workerswithout-fixed-hours-or-pay/calculating-holiday-pay-for-workerswithout-fixed-hours-or-pay--2#calculating-holiday-pay-for-term-timeworkers-and-other-workers-who-only-work-part-of-the-year

The ISM is the UK’s largest non-union representative body for musicians. We are also a subject association for music. Since 1882 the ISM has been dedicated to promoting the importance of music and supporting those who work in the music profession. The ISM supports over 11,000 members across the UK, many of whom work in music education, and who have continued to teach throughout the pandemic. The ISM provides the secretariat to the All-Party Parliamentary Group for Music Education, and we co-authored its seminal report, Music Education: State of the Nation, published in 2019. Since then, the ISM has researched the impact of COVID-19 on music in schools across the UK, and in December 2020 we published The heart of the school is missing: Music education in the COVID-19 crisis. Our most recent report, Music, A subject in peril?, published in March 2022, focused on music education in English schools.