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New Teachers and the Law Falkirk 2018

New Teachers and the Law Falkirk 2018. Colin Finlay Local Association Secretary www.eis.org.uk/falkirk Tweet @falkirkeis. What we’ll cover . Your rights as a teacher in Scotland, where they come from and what they are What to do if you have a problem

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New Teachers and the Law Falkirk 2018

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  1. New Teachers and the LawFalkirk 2018 Colin Finlay Local Association Secretary www.eis.org.uk/falkirk Tweet @falkirkeis

  2. What we’ll cover • Your rights as a teacher in Scotland, where they come from and what they are • What to do if you have a problem • Context of terms and conditions, national and local • Money, pensions, working arrangements • More on entitlements • Trouble and pitfalls • Professionalism • Health and Safety • Questions

  3. Where do my rights come from? The Law: • Acts of Parliament – Westminster & European(?) • Common law – courts and employment tribunals Agreements just for teachers in Scotland • National agreements • Local agreements • School policies

  4. So what rights do I have? Statement of Particulars • describes terms and conditions (Contract) • within 2 months of employment Sets out Express Terms • Pay • Leave • Notice • Continuity of employment But you also have implied terms • eg duty to be competent or not to be negligent

  5. Unfair discrimination Right not to be subject to unfair discrimintion • Equality Act 2010 • Prohibits discrimination because of the following characteristics • Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation

  6. Part-time & fixed-time • 2000 – Fixed-Term Workers • (Prevention of Less Favourable Treatment) Regulations • 2000 – Part-Time Workers • (Prevention of Less Favourable Treatment) Regulations • 2002 & 2007 - Flexible working • right to request and a duty to consider

  7. Harassment & bullying Right not to be harassed… • For race, sexual orientation and religion or belief this is violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment • employer is responsible for harassment carried out by its employees

  8. Unfair dismissal Right not to be unfairly dismissed… • … once working for two years • you can be fairly dismissed (or disciplined) for a number of reasons

  9. Discipline • Matters • Conduct • Competency • Capability • Sanction • Verbal Warning • Written Warning • Final Written Warning • Dismissal

  10. Grievance If you are dissatisfied with something your employer has done, you can raise a grievance. This is a formal mechanism which allows you to raise your concerns with management and seek a resolution.

  11. Your terms and conditions Scottish Negotiating Committee for Teachers (SNCT) 22 Members 11 Management Side 11Trade Union Side 8 employers 8 EIS reps 3 civil servants

  12. SNCT SNCT –Handbook of Conditions of Service pay hours of work class sizes holidays series of frameworks for eg discipline & grievance handbook and circulars available at www.snct.org.uk

  13. LNCT Negotiating Group for Teachers • Management side • Teacher side (EIS majority seats) Deals with local matters

  14. Money, Money, Money! Your salary is on a scale Probationers (Point 0) - £22,886 January 2018 Point 1 – £27,438 advanced salary placement 6month rule. Deductions - income tax, national insurance, GTC payment, TU subs, pension employer cannot make unlawful deductions you must repay overpayments

  15. Pensions – new entrants Final Salary Scheme (defined contributions) Pension 1/60 Lump sum can be had at rate of £1 of pension for £12 of lump sum, up to a quarter of your annual pension 7.0% contributions from teachers rising to 8.8% for teachers at the top of the main grade pay scale; 14.9% from employers Normal retirement age of 65*

  16. Days and hours of work • 195 days (190 pupil days + 5 INSET days) • 35 hours annual CPD (within local agreement) • 35 hours per week • National Teacher Induction Scheme • 0.82 of 22.5 hours = 18 hrs. 30 min • Once fully qualified • maximum of 22.5 hours in all sectors • 7.5 hours preparation and marking • Remaining time for collegiate work

  17. Sickness Entitlement • Required to accrue a total of 18 weeks continuous local authority service • Continuity is deemed broken where a break exceeds 2 weeks • except probationers – 1 November • A week’s qualifying service comprises any week in which employed by a local authority regardless of number of hours worked

  18. Family Leave Maternity 52 weeks leave, 13 weeks at full pay followed by 26 weeks paid at SMP (13 weeks unpaid leave) Adoption Broadly the same as maternity leave and pay Maternity and Adoption Support Leave One week full pay to spouse, partner or nominated carer or expectant mother or main adopter. Statutory provisions Time off for dependents, parental leave and paternity leave Paternity Leave

  19. Criminal Prosecution • Police Investigation • Action by the Courts • Action by your employer • General Teaching Council • take no action • issue a reprimand • impose a conditional order • temporary suspension from the register • strike off the register • Disqualified from Working With Children List

  20. Real-life example • Male probationer is in club on Saturday night. Speaks to two girls at the bar he doesn’t know and it transpires they are 6th year pupils. He chats to them for a while and then moves to off to another part of the club where he stays for the rest of the evening. The next day, one girl claims he had a consensual relationship in the club toilets. What happens?

  21. What happens…. • Teacher investigated by police as allegation of criminal conduct • Suspended during this process • Girl changes her story and says it didn’t happen • Teacher disciplined for failing to report a pupil engaged in a criminal offence (drinking alcohol under 18) – delay in registration • Teacher investigated by GTC but not struck off

  22. GTCS – more decisions 06.08.12 Full Hearing Consideration of a complaint that the Respondent's fitness to teach is impaired due to having been convicted of a breach of the peace, assault, an offence under the Road Traffic Act 1988, Section 4(1), an offence under the Criminal Procedure (Scotland) Act 1995, Section 27(1)(b) and stealing a driving licence. Removed from the Register (subject to 28 day appeal period to Court of Session). 01.08.12 Full Hearing Consideration of a complaint that the Respondent's fitness to teach is impaired due to making false declarations as to the cause of absences from a (Named Council) school and posting abusive and threatening comments about teaching staff on Facebook. Reprimand.

  23. Code of Professionalism and Conduct • Professionalism and Maintaining Trust in the Profession • Professional responsibilities towards pupils • Professional Competence • Professionalism towards colleagues and parents • See www.gtcs.org.uk

  24. Social Networking • Duty of fidelity to employer • Watch your “friends” • Don’t network with pupils • Keep your life private • Ensure security settings at highest possible level. Check these regularly. • Follow GTC Professional Guidance on the Use of Electronic Communication and Social Media

  25. Health and safety requirements: Statutory requirement to provide suitable education means you have a duty to: take reasonable care look after own health and safety to ensure acts/omissions do not harm others to co-operate to allow employer to comply with health and safety not to misuse or interfere with anything provided for health and safety to report defects in employer’s procedures

  26. If the employer is at fault… Legal Claims won by the EIS Accident to member – slipped on ice sustaining injuries to vertebrae: £11,805 Assault  by pupil - £1,000 Accident to member - blackboard fell onto head sustaining injuries to neck - £2,500 Accident to member - tripped over raised floor tiles sustaining head cut and injuries to knee - £23,035 Assault on member – £230,207 Accident to member - tripped on uneven pavement - broken ankle - £1,825 Accident to member - doors of apparatus cupboard in Gym came off runners resulting in injuries to back, neck & shoulder - £6,956

  27. If the teacher is at fault… Teacher fined £2,000 for girl’s death (2002) Failure to take adequate precautions to protect children in his care (HSWA) Teacher jailed for 12 months for boy’s death Manslaughter: behaviour that was “unbelievably foolhardy and negligent” Nightmare scenarios

  28. What is the EIS?

  29. Support Support for members • collective bargaining • legal advice and representation • GTC probation panel Services for members • EIS Financial Services Ltd – 0141 332 8004 • Free and confidential helplines • stress or bereavement – 08705 234729 • personal legal – 0141 332 2887 • victim support – 08705 234729

  30. Services – insurance cover • Personal Effects (£500 loss, £50 cash) • Malicious Damage to Motor Vehicles (£500) • Third Party Insurance (£2,000,000) • Personal Accident (£4000)

  31. Cost of membership • FREE for all probationer teachers until 1January 2020 • Currently the subscription in Falkirk is £11.93 per month or £127.74 per annum

  32. Which trade union?

  33. A final word of warning… • trade unions are membership organisations • you have to be a member before a problem starts happening

  34. Contact Details Colin Finlay EIS Local Association Secretary 01324 506698 falkirk@eis.org.uk Leah Franchetti, EIS Area Officer EIS Edinburgh Area Office: 0131 225 3155 lfranchetti@eis.org.uk

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