INSET days for part time teacher

[MissusBea]

I am a job-share primary teacher contracted 0.6. I work Wed - Fri and the hours between 8am and 4:30pm are defined in my contract as 'directed time'. The school are 'requiring' me to attend an INSET on a Monday which will be unpaid.

To make matters worse, I have two toddlers at home who don't go to any form of childcare (DH - also a teacher - and I both work PT to share their care). DD is 20 months and will be distraught if left with a stranger and we have no local family or childcare, yet my boss has said that I have six weeks to sort the childcare out so he expects me to do that.
Can they really ask me to work unpaid and to put my toddlers into paid childcare - especially given that my toddlers will be very distressed? I offered to come and bring them but they said 'that wouldn't be ideal'- I agree, it will be a nightmare. But I am thinking of doing that nonetheless as I think there are no other options.

Are others of you PT teachers required to work INSET days unpaid and pay for childcare? I am not sure what the current expectations are these days but it seems really unreasonable of them to ask this. My job share partner is paid on Mondays and she will of course be there.

[HuckleberryGin]

No, they can't direct you to work on a day you don't normally work. You might have another job. If you agree to come in they need to pay you. Is it a local authority school or academy? If it's local authority it specifically says they have to pay you in the School Teachers' Pay and Conditions.

I work for a teaching union advising on this stuff.

[MissusBea]

That's really helpful! No it's a prep school and the it seems (verbally) that the directors are defining any time outside of my contracted teaching as 'undirected time',

[MissusBea]

Sorry - posted too soon. They seem to be saying that 0.6 of the year (even holidays) I can be asked to work. But given that my job - share partner works on this day (and is paid) it seems to me that effectively they are already getting their money's worth! Which Union do you work for Huck? I think I need to join one!

[HuckleberryGin]

I work for the NUT. OK, so even though it's a private school the basic employment law would say you can't be directed to work outside normal working hours. For the same reason as above, you could have a second job. You certainly shouldn't be at a loss in terms of childcare in order to attend.

Do you have a copy of your contract? Even though 0.6 might go into the holidays it would only be the days you currently work. Do they change year on year? Even so, this academic year those are your usual working hours.

I would just say "thank you for offering, but I am unable to attend outside my normal working hours."

[MissusBea]

Thank you! I do have a copy of the contract and have been trying to decipher it. No I always work Wed - Fri. Since you are being so helpful, here is the relevant part from my contract

"Your contractual directed hours of work are Wednesday to Friday 8am until 4:30pm during Term dates as defined by the school and to include teacher INSET days as arranged throughout the year. You are working under a 0.6 FTE Contract. The School has agreed that if your class is dismissed and your duties have been carried out, you may leave the school premises earlier then 4:30pm. This is subject to ensuring the correct number of adults remain in the building until such time as all children have left. Undirected hours are not defined by the school but must ensure that hours worked enable him / her to discharge effectively his / her professional duties, including in particular, the marking of pupils’ work, the writing of reports on pupils and the preparation of lessons, teaching material and teaching programmes. Hours may be subject to change for business reasons. "

[HuckleberryGin]

I would say from that that you shouldn't have to attend as it is outside your normal contracted hours. It doesn't say INSET is additional, it is included in your normal working hours.

[Seachangeshell]

When I had this exact same issue my Union told me that my employer needed to ensure that inset days occurred within my contracted hours if they wanted me to attend. The problem was they only ever organised them at the beginning of the week. I didn't go.

[pieceofpurplesky]

INSET should be .6 of a full timetable however they cannot insist you come in on a day you are not working.

[HuckleberryGin]

Actually INSET isn't pro rata, even in local authority schools. This is a common misconception. In theory if all the INSET was on a weds and you worked a weds you could be made to attend. However it would be worth in that case checking directed time, as it would be likely over.

[Bertieboo1]

I am also 0.6 and need to do 0.6 of our inset days. Luckily as I work MWF I have been able to fulfil this within my normal days but I can imagine how tricky it would be to do it outside. I once went in on a non working day for exam prep session but I volunteered for this as my nursery were willing to do a one off switch. The school know if you can't switch childcare, you can't switch your days!

[harryblackberry]

This happened to me in my previous job. I worked Wednesday to Friday and my head told me I had to come in for staff meetings on a Monday night. I explained that I couldn't as I had a young baby. She then told me I'd have to bring the baby in with me. I contacted my Union who wiped the floor with her. They said I shouldn't have to go in on my days off. It would be like telling a full time member of staff they had to go in on weekends. Hope this helps.

[MissusBea]

That's really helpful. Did any of you work for an independent school when this happened? our school is run very much as a business for profit, and the bottom line is always money not education.

[Jessesbitch]

Yes me! Independent school. Same issue. Unions in, head still adamant that we must come in on non-contact days for INSET unpaid. Ongoing dispute.

[LuluJakey1]

Are they getting round this by the phrase in your contract 'to include INSET days as arranged throughout the year' ?

[MissusBea]

Jesse oh that's not encouraging! Have you gone in for any? Lulu yes I think that is exactly what they will use to try to force my hand. I only saw the contract this year but they have back dated it and swear that they issued it when they employed me last year. It's unsigned though which may help my case?

[HuckleberryGin]

No, there is no need to have a written contract at all. You have agreed to it by fact of working. I read that as including INSET as in on your normal days.

[Jessesbitch]

My DC are older so no child care issues. I have been in to all except 1.
Lulu yes something along those lines. (Not wanting to out myself).

[ElizaSchuyler]

Dh is now full time for an independent school but he was part time for several years.

He often coudnt do inset on non normal working days as he did work elsewhere on those days. If he did go in he was paid.

[HuckleberryGin]

Sorry Euphemia I should have said in England and Wales. Terms and conditions of service are different in Scotland.

[neveradullmoment99]

I work the same as you except Monday - Wednesday. If your contract states that you work those days, i dont think they can make you do work outside your contract without paying you. For the best advice, contact your union for info. You should be doing inset days pro rata i.e. only a third of them, since that is what you work. If you owe them a day because you are expected to do for example 3 out of 6 [ the way the school year works out sometimes] but one falls on a non- work day for you, then that is where they may have a case for you to work. Otherwise, definetly not.

[neveradullmoment99]

Not the case in Scotland. We do pro rata of the Inservice days.

I am from Scotland and this is the way it works here and always has.

[HuckleberryGin]

It doesn't work pro rata in England and Wales. If all the staff meeting go were on a Monday and you didn't work Mondays, then they can't direct you to attend any of them. You can negotiate to attend some and be paid extra.

When I was a teacher (for 12 years until 14 months ago) I once missed all but one of the INSET days when I was 0.6, as they were all but one on Thurs and Fri.

[neveradullmoment99]

I don't think they can direct you here either. I have never worked a day that i wasn't contracted to do unless i was either owed a day off or paid for it. However it is prorata. For me, i only ever have to do a third of them, even if they fall on my work days!