Supply teachers! Have you got an AWR claim?
In the last six months, have you worked in the same LA school or academy group without a break of six weeks in term time?
If you have, call Leicester District NEU on 0116 2555311 or Advice Line 0345 8118111.
You only have three months to make a claim.
Agency Workers Regulation facts
Many supply teachers are not receiving AWR entitlement to parity pay. Often supply teachers have worked for 12 weeks in the same role, for the same Hirer in accordance with AWR definition.
There appears to be misinformation regarding what is the same role, who the Hirer is, the 12-week qualification period, and parity pay entitlement.
Below are definitions from multiple sources including Gov/DfE, NEU, NASUWT AND ACAS.
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 periiod. The NEU also argues that all local authority-maintained schools within the same authority should be regarded as Connected Hirers, which would also enable this.
What is the 'Same Role'?
The 12-week qualifying period must be spent in the same role. A role will be considered the Same Role unless it involves a substantially different type of work. In order for the 12-week qualifying clock to be reset to zero, the Hirer must notify the employment agency that the work or duties have changed, and this information must be confirmed in writing to the agency worker (Regulation 7 (3)). The union considers that all classroom teaching conducted by a supply teacher would be the Same Role irrespective of the subject and the age range of the pupils being taught in any school.
Calculating the 12-week qualifying period
A week runs for 7 days from the day on which the assignment began. So, if the assignment began on a Wednesday, the week would finish on the following Tuesday.
An agency worker will accrue a week towards the qualifying period:
• for any week in which they do any work in the role
• if they are unable to work due to pregnancy, childbirth or maternity breaks which take place during pregnancy and up to 26 weeks after childbirth
• if they are unable to work due to paternity leave, adoption leave or shared parental leave
The 12-week qualifying period will pause for:
• breaks from the role that last for 6 weeks or less
• sickness-related absence (that lasts for 28 weeks or less)
• annual leave
• workplace shutdowns, eg. for Christmas or industrial action
• jury service (that lasts for 28 weeks or less)
The 12-week qualifying period will start again for:
• any new role
• the same role after a break of 6 weeks or more
• the same role after 28 weeks' sickness-related absence or jury service
See ACAS, Rights while working as an agency worker