INSET on non-working days

[Babysteps123]

Hi, can anyone help me work this out? I am starting at a new school with a 0.8 contract. The first day back is INSET on a Monday and I queried whether I would be paid for that day as Mondays will be my non-working day this year. I was originally told that I would be paid, but I have just received an email saying that I will only be paid for anything that goes above 80% of the INSET for the year. I understand that in theory, but not how that works when I don't usually work Mondays. This is the first time I will have Monday as my non-working day, so I've not had to consider it before. Thanks if you can help me get my head around it! (I don't suppose it matters, but it is a private school).

It sounds like they're expecting you to do 80% of INSET days regardless of whether they fall on your working days or not, so if you work this one, you can take a different one off. Usually it's the day they do safeguarding training on though so you wouldn't want to miss it?

It's a private school so they aren't bound by the teacher pay and conditions document.

When are the other inset days? If the others are all on your normal working days, then it won’t be an issue, you can just claim overtime for the 5th one and it’ll balance out. If not, I’d definitely ask more questions. Clearly it’s not fair to be working 5 days and only get paid for 4 of them.

INSETS always fall on my working days. I only work my contracted percentage of them and have the other days off.

As a 0.8 teacher, you’re paid 80% of a full-time salary. That 0.8 covers all contractual duties: teaching, directed time, meetings, and INSET days.
You are not paid per day of the week, but rather as a a proportion of the whole year.

A full-time teacher has to do all INSET days.
A part-time teacher has to do the same proportion as their contract. If the school has 5 INSET days, you are then expected to attend 4 of them.

It sounds like what they are saying is technically correct. You are not being “underpaid”; you’re just required to attend 80% of INSET across the year, regardless of what day they fall on.

Private schools are not bound by STPCD.
Your rights depend on your contract of employment.

Thank you for all of your responses, I think I understand it now.

Hi @Babysteps123 . I'm a union rep in an independent school. The position is that you attend INSET days which fall on your usual working days. Forget about being on a 0.8 contract & attending 0.8 INSETs. If INSET occurs on a day when you do not usually work, you cannot be ordered to attend. If school would like you to be there, and it's convenient for you, then go. Check in advance that they will pay you or give TOIL. You mustn't work for free.

It took me getting quite stroppy with our Head, plus bringing in a rep from regional centre, before she accepted this. As @NobleGiraffe said, indies are not bound by the STPCD, but in my school we have a union recognition agreement, and hence more clout.

Oh dear, that's what I originally thought but then everyone else disagreed so I thought I was wrong. It's also what I was told initially (that I would be paid) and now that has been retracted. As a new member of staff I really don't want to start making waves, but I also don't feel like I should be working for free. I guess I'll have to find out who our union rep is on the first day...
Thanks for your input.

It's completely understandable that you don't want to make waves in a new post. Ascertaining ASAP who is the union rep is a sensible move.

Unfortunately, 'grey areas' such as these are where indies which don't follow the STPCD regularly take this piss. We managed to get a Trade Union Recognition Agreement some years ago after a bitter fight over the TPS, and that's made a significant difference for the better. Negotiations over a new contract are currently under way, whereas previously management would have simply imposed whatever they liked.

I think it entirely depends on your contract doesn't it? I work in an indie, and it clearly states in my contract that I am expected to attend all INSET days but I am paid extra if they are over and above my working hours...

For 0.8 you would be expected to work 4 out of 5 INSET days but NOT if they are on days when you are not contracted to work. You could have another job on that of the week, or caring responsibilities. If they want you to attend on a non-working day then they must pay you, or give you negotiated time in lieu, regardless of how many INSET days you will attend for the rest of the year. STPCD is very clear on this.

But the OP is in a private school, who don't have to follow STPCD...I think it comes down to their contract.

Ah… Private school. Should have read more carefully, thank you. In that case they can ask you to do whatever your contract says. I still think it is very dodgy to expect someone to work on a ‘non-contracted day’… but then, again, your contract may say that you are expected to attend regardless. Do you have your contract?

If they're all on your working days, then that means you must be doing less than your contracted percentage of teaching days. If you're getting to skip insets then you must be working fewer days altogether!

Not if you work every teaching day.

This is why teachers on a patchwork timetable are shafted by this sort of thing. The assumption in these discussions is always that 0.8 means you get a full day off a week, where in my school that wouldn't be any full days off at all.

Depends on whether your contract explicitly states your actual working days or just 0.8 fte.

I work 0.6 fte with specific days (Tuesday-Thursday). I was asked to come in on Monday, which I did. But then was owed a day off in lieu.

In the end, I only did half day Monday and half day Tuesday, so I wasn't owed any time back!

If you are contracted to work 4 inset days but 1 day falls on your non-working day how do you make up that day?

You do not have to attend on your non working day. If you do it should be paid or time off in lieu.