Supply teaching - twelve week rule

[Greaterwaterparsnip]

Hi
I've just taken on a long term role and am employed by a supply agency. I know I am entitled to be paid at my pay scale rate after twelve weeks.
I'm wondering though, whether in reality, if I ask for it, the agency might just stop giving me work because I cost too much.

Bump😊

Bump 2

To be fair it does happen but not always…

One complication is that you only have to be paid at the rate school would pay you if they had appointed you. Read up on your schools Recruitment and Pay policies. Some specify smallest pay point they can get away with…though should be less of a problem if automatic annual pay rises restored..

Most schools I’ve worked in have honoured the 12 week rule but some are reluctant to pay up or employ you subsequently…

You do have to chase agencies up on this though - it’s not automatically put in your pay packet

Good luck

Sorry, just realised I didn’t answer your question. My agency does still get me work after I’ve gone over 12 weeks

By law, you must be paid to scale after 12 weeks in the same post. My advice would be to say nothing until you have got to the 12th week. Your agency and / or school can't stop giving you work, the moment you reach 12 weeks because a court would see straight through that! This would be unlawful and you could sue them for lost earnings.

Your agency and school will most likely keep quiet hoping you won't know the rule, but this can be to your advantage too. I was in a long term supply role once, and I was in the role from October to Christmas but was just paid a daily rate in that period. When they asked me to continue after Christmas, I did a couple of weeks then mentioned to the school and the agency that I had now completed 12 weeks and was entitled to be paid to scale. They couldn't move me to another school, because the school I was at had already asked for me, on record. They needed a teacher, they asked me, so obviously wanted me. They couldn't get away with changing their mind the moment I mentioned the 12 week rule. I got paid to scale from about a week after that, until July. They had to by law. It's called the agency workers regulations.

Just be aware though, that as far as I am aware, the school would be entitled to advertise for a permanent teacher and appoint if they wanted to, say from Christmas. But if they ask you to continue, they would be on dodgy grounds if they didn't want you the moment you mentioned the 12 week rule. So think carefully about when you mention it!

Can I ask a question? Which point would I be paid at? When I left my last full-time job, I was UPS3. Since then, every school I have done year-long contracts at have only been willing to offer M6. It seems round here that no school will offer more than M6 unless you are applying for management. What would i get paid after 12 weeks of supply?

Thanks for the replies.
I thought it would be the agency paying me the extra rather than the school. Is that wrong then?

That makes it more awkward then if I like the school and would like to stay.

I'm also UPS. It seems wrong not to be paid the going rate for my talent and long experience but at the same time, on supply I am not doing the full job.🤷

Am I right in thinking then that the school would have to cough up the difference and might well be pissed off because they didn't know they were getting a UPS teacher who would eventually become expensive?

They might well then advertise the job and get someone cheaper or get someone cheaper from the agency in subsequent years.

The school pays the agency and the agency pays you. The agency will receive about £200 to £250 from the school per day. Out of that, you will get what you're paid per day and the agency will keep the rest, to pay their staff and to keep their agency going, and make a profit! The agency will approach the school and ask them to pay more to the agency, in order to pay you to scale.

However, schools do not have to give teachers an incremental rise each year any more, and can employ teachers on any pay scale, regardless of what they were in before, so this is where it gets complicated. They will have to pay M1 at least, so the equivalent of about £160 a day, as they could argue that this is what they would pay a teacher, had they appointed permanently instead of having you (saying they want an Ect). If they felt forced to pay you to your actual scale, and / if the school didn't have the money, they would without a doubt try to find loopholes to reduce the bill. So, you would definitely get at least the equivalent of M1, and they could probably get away with that. The alternative would be for them to advertise and invite you to apply for a contract.

Ultimately, you wouldn't stay there as a class teacher with a class on supply for too long anyway, as any school would want to appoint a permanent teacher at some point. You might be invited to apply. But the law remains the same that you must be paid to scale after 12 weeks.