Terms & Conditions

[Andy Thurman]

We have an ongoing 2AR case where the non-dep is a supply teacher working through 2 different agencies – copy of ‘contract’ with agency supplied showing no guarantee of work.
As you would expect in this line of employment, he does not work during the school holidays.
The non-dep makes a Jobseekers claim during each employment break and mother claims 2AR.
Should this be treated as per “ancillary” staff at schools (averaging annual income) or accepted as not working/earning during the periods not in work? 😕
JC+ have made awards of JSC on most occasions but they did refuse last year – are we ‘bound’ by their decision if JSC awarded? (Or could we add the JSC income to an averaged wage for the period?)

Any views/pointers to CD’s etc appreciated.

[markp]

My wife used to be a supply teacher (before getting a permanent contract and then getting ou, in that order). I always had this battle with Oxford “A” UBO as it was then as they always refused all supply teachers as being on a customary holiday. (Never had that problem with Oxford “B” UBO, Funny that!).

A supply teacher is paid for the hours they work and so during school holidays are not paid at all, unless the contract they hold is through an agency which pays something by way of a retainer. Therefore during school holidays they are genuinely unemployed and should be eligible to sign on. To my mind therefore the inclusion of a wage would be incorrect, unless of course they have earnings from another source at the time.

Lit the blue touch paper, stood back and watched and waited!!

Do I know what I'm doing? The jury's out on that........................

[Andy Thurman]

Thanks Mark – confirmed my thinking (although [i:c87c7199d9]in this particular case only [/i:c87c7199d9]I wish it wasn’t!! 😈 – tax payer has large PRP & £30k+ savings, second adult also has c.£30k savings & appears to work all of every term. 2AR claim every holiday, incl half terms – we’ve even had letters before appealing number of days paid, complaining underpaid by £0.86!!!!)

Re agency terms – there is an amount (10%) of daily rate paid in lieu of leave. As it doesn’t relate to any period, however, I don’t think it has any relevance to the claim for periods unemployed. Does it?[/i]

[markp]

Don’t think so, but I suppose the agency would have to confirm the basis on which they are paying the individual. If she is paid during the holiday period then a wage must be included (as originally described?) but if non dep is a supply teacher then I would doubt that the agency would pay a retainer but would issue new contracts every half term.

Sorry can’t be any more help as my wife left teaching approx 11 years ago and has no intention of returning to it, given the mess that the NC has created. Best not to get me started on that though!!!!!!……………..

Do I know what I'm doing? The jury's out on that........................

[Andy Thurman]

Thanks Mark. Going to check some further details & then expect to pay.

Real shame (but very understandable!) your wife’s left teaching – my elder daughter is just starting school in Oxford and there’s definitely a shortage of good teachers 🙄 🙄

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