Leicester District
National Education Union

Leicester NEU District Supply Teachers’ Officer, Samina Randall, 21st April 2019

Agency Workers Regulations - some definitions

Supply teachers working in some local schools via agencies are still not receiving Agency Workers Regulations (AWR) entitlement to parity pay. These supply teachers have worked for 12-weeks in the same role, for the same Hirer in accordance with AWR definitions.

We have become aware of some misinformation regarding what is the same role, who the Hirer is, the 12-week qualification period, and parity pay entitlement. Below is an extract from the NEU regarding the same role, Gov definition and NEU guidance on the same Hirer, from ACAS defining the 12-week qualifying period and parity pay entitlement by the DfE.

What is the 'same role'?

The 12 weeks' work must be undertaken in the same role. A role will be considered the 'same' role unless it involves a substantially different type of work. The agency must send written notification to you if it intends to move you to a 'new' role. However, all classroom teaching is substantively the 'same' role for the purposes of the Regulations.

Who is the 'hirer'?

The NEU argues that the local authority should be regarded as the hirer in community and voluntary controlled schools, enabling all continuous periods of work in such schools to be aggregated for the qualifying period. The NEU also argues that all local authority maintained schools within the same authority should be regarded as 'connected hirers', again enabling continuous periods of work to be aggregated for the qualifying period.

Gov states:

Community schools are maintained schools which do not fall into more specialised categories such as foundation school, pupil referral unit, voluntary aided or voluntary controlled school.

Maintained schools are schools funded by a local authority. They have to follow and are regularly inspected by Ofsted. They generally follow the local authority's rules on admissions, special educational needs and exclusions. Maintained schools are overseen by governors and are held to account by their local authority.