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GUIDANCE ON MANAGING COLLEAGUES’ WORKING TIME FROM SINGLE STATUS IMPLEMENTATION (ADDITIONAL HOURS GUIDANCE)

1. Introduction

This guidance has been designed to help headteachers and governing bodies to manage the implementation of the Single Status changes in their schools. In order to ensure compliance with equal pay law, Governing bodies are responsible for ensuring that colleagues work all the hours they are contracted to work and that they are paid the correct rate for the work they do, as determined by a job evaluation process.

Under the Single Status proposals, many employees have chosen to increase their total contracted hours per week and weeks per year. The principles outlined in this document apply to schools-based employees whose contracted hours are increasing. For these employees, their hours will comprise:

• Core contracted hours (CCH) – minimum set hours that the employee is required to work each week during term time. For many colleagues, these will be 37 hours per week, 39 weeks per year.

• Additional contracted hours (ACH) – the remaining total of contracted hours an employee needs to work across a year, arising from Single Status implementation.

Changes to employees’ contracted hours under Single Status will be permanent and will take effect from 1 May 2013, the date of implementation.

At the start of each school year, the head teacher/line manager and employee will confirm the employee’s CCHs as well as plan how some or all of their ACHs may be used throughout the year. It is likely that the majority of ACHs will be worked during school term-time and may also include known out of hours activities, such as seasonal performances, school trips or residentials, parents’ evenings and staff meetings. In some cases it may be agreed that some ACHs can be worked outside of term time.

Once the hours of work have been agreed these should be confirmed in writing by the head teacher/line manager and a copy retained on the employee’s personal file (Appendix A contains a suggested template letter). This letter should confirm the total number of contracted hours that the employee must work.

2. Agreeing Hours

An employee’s standard working pattern (CCH) should be agreed before implementation and formalised in writing as described above (Appendix A). It is likely that many colleagues will increase their standard working hours to 37 per week in line with their new contracted hours. Examples of working patterns which may be worked to achieve these hours can be found in Appendix B.

ACHs are likely to comprise hours from contracted weeks to be worked above the standard 39 weeks of term time. These will be worked flexibly and according to the needs of the school/service.

It is recommended that as many ACHs as possible are agreed in advance, to assist both with school management and planning, and to help the individual to meet their ACHs undertaking. However, it is also acceptable for a portion of ACHs to be allocated on an ad hoc basis as the year progresses. It is anticipated that ACHs are planned by mutual agreement and employees can request to work their ACHs at times that are most convenient for them. However, these need to be appropriate for the school and the overriding consideration will be the teaching requirements of the school. Headteachers must take into consideration an individual’s personal circumstances.

It is imperative that an accurate record is maintained of actual hours worked for both equal pay and audit purposes. It is recommended that headteachers/line managers check and sign this record on a monthly basis. A screen print of a sample timesheet is included at Appendix C (The actual timesheet will be circulated for use shortly).

In some schools it may be possible for an employee to work some of their additional hours during school holiday periods. This will be dependent of a number of factors, including availability of suitable and meaningful work and, not least, health and safety and security: headteachers are responsible for risk assessing the situation before allowing colleagues to work during holidays.

3. Transitional period (May- Sept) guidance on hours to be worked

Each new year for recording hours will coincide with the start of the academic year - i.e. will run from the first day of the academic year until the last day of the summer holidays,

As Single Status is being implemented part way through a year, employees will be expected to work their new core contracted hours (CCH) from 1 May 2013. They will also be expected to work an amount of the ACHs proportional to the remainder of the school year. These additional hours may be worked flexibly during term time or in the holidays, subject to caveats described above.

Example 1: An employee currently works 32.5 hours per week, 39 weeks per year. As agreed under Single Status, they are contracted to work 37 hours a week, 42 weeks per year.

From 1 May they will increase their minimum hours worked per week to 37 hours during term time.

The employee is contracted to work an additional 3 weeks per year outside of term time. In a full year, this would equate to an additional 111 hours (3x37).

As there are 10.8 working weeks remaining in the 2012/2013 academic year from 1 May, the number of additional hours for this period is calculated proportionally. This equates to an additional 30.74 hours (10.8 term weeks / 39 working weeks per year x 3 additional weeks x 37 hours per week) that the employee will need to work. See Appendix E for more examples.

4. Monitoring Working Hours

Head teachers/line managers are responsible for regularly monitoring the hours actually worked to ensure that, at the end of the school year, an employee has not worked over or under their contracted hours. All hours must be formally recorded and will be subject to audit requirements. It is imperative that attendance records be completely transparent and easily auditable.

It is recommended that employees record their hours worked on a timesheet which is submitted for sign off on a termly basis as a minimum. (A screen shot of a model timesheet is shown in Appendix C).

Recording hours worked is done on the basis of trust. It is up to employees to note their start and finish times and how long they take for unpaid breaks, including the 20 minutes required by the Working Time Regulations if working 6 ½ hours or more (see section 5 below). Employees abusing the hours recording system, may be subject to disciplinary action. Please refer to the People Management Handbook for Schools.

4.1 Monitoring/carrying forward hours

Working hours should be monitored and reviewed regularly by managers and employees so that colleagues do not develop an unplanned large deficit/credit in hours during any one term. However, it is recommended that employees should not have a credit or deficit of more than one week’s worth of hours at the end of each term. Where a credit/deficit exists, this balance should be carried forward into the next term.

A greater credit/deficit is permitted where additional hours have been planned and agreed with the headteacher for a specific purpose, e.g. for a seasonally fluctuating piece of work such as a concert or trip.

It is expected that an employee’s hours will balance at the end of the school year. Where, at the end of a term, colleagues are found to be in credit/deficit by an unexpectedly high amount of hours, a plan should be put in place to rectify this and a programme of more frequent monitoring should be introduced. Headteachers should also explore how hours are being logged. For example, where a colleague is in credit by a large number of hours, checks should be undertaken to ensure that additional hours logged had been agreed in advance and that no errors in recording are taking place (for example, the employee is not recording lunch breaks).

4.2 Employees exceeding their contracted hours at the end of the year

As mentioned above, it is expected that an employee’s hours will balance at the end of the school year. Arrangements may be made to carry some or all of the hours forward into the next academic year (equivalent to a maximum of 1 week’s contracted hours, as described above).

The governing body/headteacher may approve payment for additional hours worked above the employee’s annual total of contracted hours, although this must be agreed in advance. Any payment agreed for additional hours will be at plain time until the employee becomes eligible for enhanced rate overtime. To qualify for enhanced rates, the employee needs to have worked the equivalent of 37 hours for each week of all of their CCH and ACH (pro-rata’d for part weeks). .The overtime threshold amounts, which are based on length of service, are detailed in appendix D. Eligibility for enhanced rate overtime entitlement should be reviewed at the end of each school year.

4.3 Employees in deficit of their contracted hours at the end of the year

Regular monitoring throughout the year will allow for any major unexpected

deficit in hours to be identified. Where this is the case, headteachers should manage this situation by putting in place a plan, as soon as possible, to address the potential shortfall, so that this can be resolved before the end of the year. This could include looking at and scheduling how additional hours can be worked to make up the shortfall before the end of the year or during holidays, or an agreement on the amount of deficit to be carried forward.

4.4 Employees starting/leaving mid year

Employees leaving the school should ensure that they have worked the correct number of hours, pro rated to their leaving date. This amount should include their additional hours, which is proportional to the number of weeks worked in that year. This includes employees moving from one post to another within the school, or leaving by reason of redundancy. Hours owing should be taken into consideration when agreeing an employee’s final working day, so that additional hours can be taken off in lieu.

Employees will not be paid for hours in credit at the point of leaving (unless by prior agreement with their headteacher/governing body). The Council reserves the right to deduct payment for hours in deficit at the date of leaving (please see Section 8 of the School Core Contract).

If an individual commences part way through a school year, the calculation of their ACH will be proportionate to the number of working weeks from the date of commencement to the end of the school year (as per the transition guidance in section 3 above). See Appendix E for further guidance.

4.5 Additional hours and sickness

If an employee is sick their average weekly hours (over the course of the year) should be used for the duration of the absence. This should be pro rata’d by the number of days worked.

Example 2: An employee contracted to work 37 hours per week, for 40 weeks per year is off for 1 week and 1 day.

- Their CCHs are 37 per week

- Their ACHs are 37 per year (1x37 hours)

The employee’s average contracted hours per working week are therefore 37 hours 57 minutes per week. This total comprises their 37 contracted hours plus the additional 37 hours (ACH) worked across 39 weeks of term time (37/39 = 0.95 hours or 56.9 minutes per week)

Hours of sickness will therefore be recorded as follows:

Week 1 of sickness: 37.95 hours

1 day of sickness: 7.59 hours

This approach has been designed to prevent irresolvable deficits of hours over the year when a colleague is off sick for an extended period of time.

The formula used to calculate average hours for sickness can be found in Appendix E.

4.6 Maternity/adoption leave

Maternity/Adoption leave pay will be based on the equated salary, which will include any additional hours.

Normal rules with credits and deficits of hours apply. However, headteachers should carry out risk assessments in relation to hours and duties, and agree alternatives with employees, which could include carrying over deficit to their return from maternity leave, although this would be deducted from any leaving pay if the employee chose not to return.

4.7 Overtime payments

To qualify for overtime payments, term time employees at SCP 30 and below will need to have worked the equivalent of 37 hours for each week of all of their CCH and ACH (pro-rata’d for part weeks). This is the figure used in their individual equated pay calculation and will be supplied for each relevant employee at the start of each school year (or date of engagement if part way through a year). Enhanced rate overtime entitlement will be reviewed at the end of each school year, and calculated using the formula provided in Appendix D, which will calculate the entitlement.

Overtime will be paid at the following rates:

Monday to Saturday - time and a half

Sundays and Bank Holidays - double time

Please note that overtime rates will not ordinarily be paid for employees at SCP 31 or above.

5. Working hours – compliance with Working Time Regulations (WTR)

During a working day, employees are required to take a minimum break of 20 minutes if they work continuously for more than a 6½ hour period. This is an unpaid break in working time and should not be taken at the start or end of the day. It should not be recorded as working hours.

Providing that colleagues take this 20 minute break where applicable, they may work through other breaks during the school day (for example, play times) which could count towards their working time. All lunch breaks will be unpaid unless colleagues are required to work during these.

An employee’s hours each week (combined total for all paid work) should not total over 48 hours per week, when averaged over a 17-week period. Where employees have more than one job, or where they change the hours that they work and the combined total of working hours exceeds 48 hours when averaged over a 17-week period, either within the Council or combined with another employer, they must inform their head teacher.

Employees who want to work longer than 48 hours on a regular basis must sign an opt-out form to confirm that this is voluntary on their part. A copy of this form can be found in Appendix F

The Council will only agree to voluntary opt-outs if a satisfactory health assessment is undertaken and a risk assessment carried out by a competent person indicates that working long hours would not jeopardise the health and safety of the employee or others, including children in their care. If the risk assessment indicates that the Council would be failing in its duty of care to the employee and public in allowing the voluntary variation, the Council reserves the right to unilaterally vary a worker’s contracted hours to effect a reduction. For more information, please refer to the People Management Handbook for Schools* (*Schools buying back NCC HR only).

6. Working from home

An employee may, on occasion, work some of their contracted hours at home. Home-working should not take place on a regular basis and must be in response to a specific need. The following guidelines must also be followed:

• requests should be made and confirmed by the employee’s line manager in advance, including a predicted number of hours to be worked

• the work to be undertaken at home must be focused and progress on the task measurable

• the work must be for the benefit of the school and must be suitable to be carried out away from school premises

• the employee must have suitable facilities and equipment to carry out this work from home and there should be no adverse effects to the level and quality of their work

• the work must be suitable to be carried out alone and with minimal or no direct supervision

• working at home should normally only take place outside of contact time and weekly core contracted hours

• if applicable, employees should have suitable child or dependant care arrangements in place whilst working at home

• additional costs must not be incurred by the school/authority as a consequence of home working arrangements.

• the employee must comply with confidentiality and data protection requirements at all times and needs to ensure confidential information (including pupil information) is not removed from the school.

The head teacher/line manager needs to know in advance where the employee will be when home working and have accurate contact details for the period of work. The employee’s output should be clearly measurable in terms of quality and quantity and hours must be recorded accurately. The headteacher is responsible for assessing health and safety issues and carrying out any risk assessments required.

7. Additional hours: suitable work

In implementing the changes to an employee’s hours and weeks it is necessary to ensure that any additional tasks and duties performed are in line with the responsibilities described in the post holder’s job description and are therefore commensurate with their grade. For teaching assistants (TAs), for example, these tasks should be in line with the core purpose of the role which is to support teaching and learning. Training days, parents evenings and regular attendance at planning and staff meetings may all assist TAs in accruing additional hours.

Consideration should be given when finding additional work to ensure that this is meaningful and colleagues are not being asked to frequently undertake duties which would not be expected of their role and are outside of their job description. Although it is acknowledged that all post holders undertake some element of lower level work during their working time, paying colleagues to work outside their job description on a regular and scheduled basis, may cause a potential equal pay liability by creating a comparator for colleagues in these roles who are paid at a lower grade. For example, you would not expect a TA to undertake regular hours working in a breakfast club, if they are undertaking exactly the same duties as colleagues doing the same work on a lower grade.

7.1 Residentials and school trips

Where colleagues are away on residentials, they are able to accrue additional hours above their standard contracted hours in agreement with the headteacher.  In line with working time regulations, the additional hours which are accrued should be capped so that an employee is working no more than the equivalent of 48 hours per week (when averaged over a 17-week period).

In addition to the above, colleagues will also receive the Client Holiday payment of £50 per day. It is not possible to forego the Client Holiday payment in return for accruing further additional hours.

Additional hours can be accrued through school day trips, where colleagues are working above their normal daily contracted hours. The Client Holiday payment does not apply to day trips.

Further information on accruing additional hours through residentials and school trips, and the Client Holiday payment can be found in Appendix G.

7.2 Training

Colleagues undertaking training courses (including unqualified TAs taking advantage of the Single Status opportunity to gain a qualification) may be able to count some of their study hours towards any additional hours that they are contracted to work. This should be discussed and agreed in advance with head teachers, applying similar principles to those for working from home.

8. Hours Changes

Requests for changes to hours after implementation

From the 1 May 2013, the hours colleagues have accepted to work under Single Status will become their permanent contracted hours. If colleagues wish to change their contracted hours at any point after implementation, they should submit a request in writing to their governing body, as per the usual process. Any changes to employees’ hours after implementation are subject to decision by the school’s governing bodies in light of individual school needs and budget.

Where a reduction in hours request is agreed by the governing body, colleagues will not receive any pay protection for the loss in salary resulting from this change and their pay will reduce from the date their change in hours becomes effective.

Those colleagues who did not accept the additional hours under Single Status but opted to receive an ongoing incentive payment will receive this for a three year period (subject to certain conditions being met), at which point their salary will be reduced. These colleagues should not automatically be given the opportunity to increase their hours to offset this loss in salary at the end of the three year incentive period.

Headteachers should be aware that if colleagues receiving the ongoing incentive payment increase their hours during the three year incentive period, they will continue to receive the incentive payment at its full rate in addition to their increased salary for the duration of the incentive period.

If it is found that an employee is having difficulties in working their contracted hours after implementation, they may request a reduction in hours, as described above. Advice should be sought from your HR Advisor/Single Status Team.

9. Appointing colleagues to post after Single Status

The standard working week after the implementation of Single Status for term time only colleagues will be 37 hours per week, although headteachers/governing bodies may choose to offer fewer hours dependent on the needs of the school.

When offering term time only colleagues additional weeks above the standard 39, consideration should be given to how/whether these hours can be worked flexibly and if so, whether suitable and meaningful work is available. This option should generally only be offered if it is in the school’s interest and not to protect a Single Status arrangement granted to the individual when they were in a different post.

10. Useful documents

Pay policy (PMH4S)

Annual Leave policy (PMH4S)

Working Time Regulations (PMH4S)

Single Status Team

16 April 2013

Appendix A: Confirmation of Hours Letter

Dear

Subject: Confirmation of hours for academic year 2013-14

Further to our meeting on [DATE], I am writing to confirm your Core Contracted Hours (CCH) of [NO. OF HOURS] per week for the coming year as:

|Day |Start/Finish Times |

|Monday | |

|Tuesday | |

|Wednesday | |

|Thursday | |

|Friday | |

In addition, we also discussed how your annual [NO. OF HOURS] Additional Contracted Hours (ACH) would be worked over this year. Although some further flexibility may be required, the following is anticipated:

|Date |Activity |Approx number of hours |

| | | |

| | | |

| | | |

| | | |

| | | |

| | | |

| | | |

[DELETE AS APPROPRIATE] The remaining [NO. OF HOURS] hours will be used flexibly throughout the year and I undertake to give as much notice as possible and to take into consideration any personal circumstances.

[DELETE AS APPROPRIATE] At the meeting you raised [SUMMARISE ANY ISSUES RAISED AND OUTCOMES OF FURTHER CONSIDERATION]

If you have any queries, please do not hesitate to discuss these with me.

Yours sincerely

Headteacher

Appendix B: Examples of how 37 hours may be worked (The Middleton Primary models)

Model 1 - TA Hrs Following Single Status

(based on *45 mins unpaid lunch break)

|Day |Time |Activity |Hrs |

|Monday |8.15am-8.45am | |30 mins |

| |8.45am-12.00pm | |3 hrs 15 mins |

| |12.00pm-12.45pm |LUNCH |* |

| |12.45-1.15pm | |30 mins |

| |1.15pm-4.30pm | |3 hrs 15 mins |

|Day |Time |Activity |Hrs |

|Tuesday |8.15am-8.45am | |30 mins |

| |8.45am-12.00pm | |3 hrs 15 mins |

| |12.00pm-12.45pm |LUNCH |* |

| |12.45-1.15pm | |30 mins |

| |1.15pm-4.30pm | |3 hrs 15 mins |

|Day |Time |Activity |Hrs |

|Wednesday |8.15am-8.45am | |30 mins |

| |8.45am-12.00pm | |3 hrs 15 mins |

| |12.00pm-12.45pm |LUNCH |* |

| |12.45-1.15pm | |30 mins |

| |1.15pm-4.30pm | |3 hrs 15 mins |

|Day |Time |Activity |Hrs |

|Thursday |8.15am-8.45am | |30 mins |

| |8.45am-12.00pm | |3 hrs 15 mins |

| |12.00pm-12.45pm |LUNCH |* |

| |12.45-1.15pm | |30 mins |

| |1.15pm-4.30pm | |3 hrs 15 mins |

|Day |Time |Activity |Hrs |

|Friday |8.15am-8.45am | |30 mins |

| |8.45am-12.00pm | |3 hrs 15 mins |

| |12.00pm-12.45pm |LUNCH |* |

| |12.45-1.15pm | |30 mins |

| |1.15pm-4.00pm | |2 hrs 45 mins |

Model 2 - TA Hrs Following Single Status

(based on *30 min unpaid lunch break)

|Day |Time |Activity |Hrs |

|Monday |8.15am-8.45am | |30 mins |

| |8.45am-12.00am | |3 hrs 15 mins |

| |12.00pm-12.30pm |LUNCH |* |

| |12.30-1.15pm | |45 mins |

| |1.15pm-4.15pm | |3 hrs |

|Day |Time |Activity |Hrs |

|Tuesday |8.15am-8.45am | |30 mins |

| |8.45am-12.00am | |3 hrs 15 mins |

| |12.00pm-12.30pm |LUNCH |* |

| |12.30-1.15pm | |45 mins |

| |1.15pm-4.15pm | |3 hrs |

|Day |Time |Activity |Hrs |

|Wednesday |8.15am-8.45am | |30 mins |

| |8.45am-12.00am | |3 hrs 15 mins |

| |12.00pm-12.30pm |LUNCH |* |

| |12.30-1.15pm | |45 mins |

| |1.15pm-4.15pm | |3 hrs |

|Day |Time |Activity |Hrs |

|Thursday |8.15am-8.45am | |30 mins |

| |8.45am-12.00am | |3 hrs 15 mins |

| |12.00pm-12.30pm |LUNCH |* |

| |12.30-1.15pm | |45 mins |

| |1.15pm-4.15pm | |3 hrs |

|Day |Time |Activity |Hrs |

|Friday |8.15am-8.45am | |30 mins |

| |8.45am-12.00am | |3 hrs 15 mins |

| |12.00pm-12.30pm |LUNCH |* |

| |12.30-1.15pm | |45 mins |

| |1.15pm-3.45pm | |2 hrs 30 mins |

Model 3 – F1 TA Hrs Following Single Status

(based on * 20 min unpaid lunch break)

|Day |Time |Activity |Hrs |

|Monday |8.10am-8.35am | |25 mins |

| |8.35am-11.35am | |3 hrs |

| |11.35pm-12.05pm | |30 mins |

| |12.05pm-12.25pm |LUNCH |* |

| |12.25pm-3.35pm | |3 hrs 10 mins |

| |3.35pm-4.00pm | |25 mins |

|Day |Time |Activity |Hrs |

|Tuesday |8.10am-8.35am | |25 mins |

| |8.35am-11.35am | |3 hrs |

| |11.35pm-12.05pm | |30 mins |

| |12.05pm-12.25pm |LUNCH |* |

| |12.25pm-3.35pm | |3 hrs 10 mins |

| |3.35pm-4.00pm | |25 mins |

|Day |Time |Activity |Hrs |

|Wednesday |8.10am-8.35am | |25 mins |

| |8.35am-11.35am | |3 hrs |

| |11.35pm-12.05pm | |30 mins |

| |12.05pm-12.25pm |LUNCH |* |

| |12.35pm-3.35pm | |3 hrs 10 mins |

| |3.35pm-4.00pm | |25 mins |

|Day |Time |Activity |Hrs |

|Thursday |8.10am-8.35am | |25 mins |

| |8.35am-11.35am | |3 hrs |

| |11.35pm-12.05pm | |30 mins |

| |12.05pm-12.25pm |LUNCH |* |

| |12.25pm-3.35pm | |3 hrs 10 mins |

| |3.35pm-4.00pm | |25 mins |

|Day |Time |Activity |Hrs |

|Friday |8.15am-8.35am | |20 mins |

| |8.35am-11.35am | |3 hrs |

| |11.35pm-12.15pm | |40 mins |

| |12.15pm-12.35pm |LUNCH |* |

| |12.35pm-3.35pm | |3 hrs |

| | | | |

Appendix C: Timesheet

N.B. This is a screen shot of the timesheet which runs in Excel. Copies of the timesheet, along with guidance on how to use this will be circulated shortly.

Appendix D: Overtime thresholds for term time employees

Overtime payments are only usually available to employees at SCP30 or below.

Where colleagues work extra hours above their total annual contracted hours, these hours will be paid at plain time until the following hours thresholds have been reached:

|Length of Service |Hours to be worked before overtime enhancement is paid (per year) |

| |which includes annual leave/bank holiday entitlement factored in |

|0 - 5 years |1,685 hours |

|5 - 10 years |1,655 hours |

|10 + years |1,633 hours |

Employees with 0 – 5 years service

An employee with less than five years’ service needs to work 37 hours per week for 45.54 weeks before they qualify for overtime payments. This amounts to 1,685 hours per year.

For example: A teaching assistant with fewer than 5 years service working 37 hours per week for 43 weeks per year would have to work an additional 94 hours before qualifying for the overtime rate.

37x43 = 1591 contracted hours

1685 – 1591 = 94 hours

So if the employee works 100 hours additional hours above their contracted hours:

94 hours will be paid at plain time

6 hours will be paid at the enhanced rate

Employees with 5 – 10 years service

An employee with five to ten years’ service needs to work 37 hours per week for 44.74 weeks before they qualify for overtime payments, which amounts to 1,655 hours per year.

For example, a teaching assistant with 5 to 10 years service working 37 hours per week for 43 weeks per year would have to work an additional 64 hours before qualifying for overtime.

37x43 = 1591 contracted hours

1655 – 1591 = 64 hours

So if the employee works 100 additional hours above their contracted hours:

64 hours will be paid at plain time

36 hours will be paid a the enhanced rate

Employees with 10+ years service

An employee with ten years’ service or more needs to work 37 hours per week for 44.14 weeks before they qualify for overtime payments, which amounts to 1,633 hours per year.

For example, a teaching assistant with 10 + years service working 37 hours per week for 43 weeks per year would have to work an additional 64 hours before qualifying for overtime.

37x43 = 1591 contracted hours

1633 - 1591 = 42 hours

So if the employee works 100 additional hours above their contracted hours:

42 hours will be paid at plain time

58 hours will be paid a the enhanced rate

Appendix E: Calculating additional contracted hours (ACH) to be worked for part years.

To calculate the proportion of additional hours that relates to a part-year period, firstly divide the working weeks in the part-year by the 39 working weeks in a school year. Then multiply this by the employee’s additional hours (the employee’s additional weeks multiplied by the employee’s contracted hours per week).

Remember that a working day is 0.2 of a working week because there are five days in a working week. Please note that the values below are approximate due to rounding in the calculations. What is important is the method of calculation.

The general formula to calculate the number of additional hours to be worked in a part-year period is below:

Examples of how to proportion an employee’s additional contracted hours (ACH) for the transitional period (1 May – September 2013) – Section 3 of guidance document:

Example a) Under Single Status, if an employee has to work 37 hours per week and 40.12 weeks per year, the proportion of additional hours that the employee has to work in the transitional period will be:

10.8 working weeks for May 2013 to August 2013 divided by 39 working weeks per year equals 0.27693.

1.12 additional weeks per year multiplied by 37 hours per week equals 41.44 additional hours per year.

0.27693 multiplied by 41.44 additional hours per year equals 11.476 additional hours to be worked between the May and the beginning of September. To convert the decimal part into minutes, multiply it by 60. In this example, 0.476 x 60 = 28.56 minutes, so the additional time to be worked will be 11 hours and 29 minutes.

Example b) Under Single Status, if an employee has to work 29.6 hours per week and 39.37 weeks per year, the proportion of additional hours that the employee has to work in the transitional period will be:

10.8 working weeks for May 2013 to August 2013 divided by 39 working weeks per year equals 0.27692.

0.37 additional weeks per year multiplied by 29.6 hours per week equals 10.95 additional hours per year.

0.27692 multiplied by 10.95 additional hours per year equals 3.032 additional hours to be worked between the May and the beginning of September. To convert the decimal part into minutes, multiply it by 60. In this example, 0.032 x 60 = 2 minutes, so the additional time to be worked will be 3 hours and 02 minutes.

Examples of how to proportion an employee’s additional contracted hours (ACH) for employees starting or leaving part way through a school year – Section 4.4 of guidance document:

Example a) Under Single Status, if an employee has to work 37 hours per week and 40 weeks per year, and they start part way through a term so that there are 9.6 working weeks left in that term, the proportion of additional hours that the employee has to work in that term will be:

9.6 working weeks left in the term divided by 39 working weeks per year equals 0.24615.

1 additional week per year multiplied by 37 hours per week equals 37 additional hours per year.

0.24615 multiplied by 37 additional hours per year equals 9.108 additional hours to be worked between the employee’s start date and the end of term. To convert the decimal part into minutes, multiply it by 60. In this example, 0.108 x 60 = 6 minutes, so the additional time to be worked will be 9 hours and 6 minutes.

Example b) Under Single Status, if an employee has to work 29.6 hours per week and 43 weeks per year, and they finish before the end of term so that they have worked 7 weeks in that term, the proportion of additional hours that the employee should have worked in that term will be:

7 working weeks before leaving divided by 39 working weeks per year equals 0.17949.

4 additional weeks per year multiplied by 29.6 hours per week equals 118.4 additional hours per year.

0.17949 multiplied by 118.4 additional hours per year equals 21.252 additional hours to be worked between the May and the beginning of September. To convert the decimal part into minutes, multiply it by 60. In this example, 0.252 x 60 = 15 minutes, so the additional time that should also have been worked is 21 hours and 15 minutes.

Examples of how to proportion an employee’s additional contracted hours (ACH) for employees who are off sick – Section 4.5 of guidance document:

Example a) Under Single Status, if an employee has to work 37 hours per week and 41 weeks per year and they are off sick, the additional contracted hours to be recorded in addition to the core contracted hours can be calculated on a daily rate as follows:

2 additional weeks per year multiplied by 37 hours per week equals 74 additional hours per year.

74 additional hours per year divided by (39 working weeks x 5 days per week) equals 0.379 additional hours per sick day. To convert the decimal part into minutes, multiply it by 60. In this example, 0.379 x 60 = 23 minutes, so the additional time that should be recorded for sickness is 23 minutes.

Example b) : Under Single Status, if an employee has to work 12 hours per week and 40 weeks per year and they are off sick, the additional contracted hours to be recorded in addition to the core contracted hours can be calculated on a daily rate as follows:

1 additional week per year multiplied by 12 hours per week equals 12 additional hours per year.

12 additional hours per year divided by (39 working weeks x 5 days per week) equals 0.062 additional hours per sick day. To convert the decimal part into minutes, multiply it by 60. In this example, 0.062 x 60 = 4 minutes, so the additional time that should be recorded for sickness is 4 minutes.

Appendix E: Working time regulations – opt out from 48 hour ruling

WORKING TIME REGULATIONS - OPT OUT FROM 48 HOUR RULING

SIGNED: …………………………………… DATED: ...………………………………….

FULL NAME: (please print) ……………………………………………………................

JOB TITLE: ……………………………………………………………………...................

SCHOOL/DEPARTMENT: .………………………………………………........................

Appendix G: Examples of client holiday payment and accrual of additional hours

Example A – Sally goes to Hathersage

Sally works 37 hours a week over 5 days, which means her standard working day is 7 hours 24 minutes per day.

Sally is accompanying a Year 6 trip to Hathersage for 5 days. She leaves at 8.00am on Monday morning & returns at 6.00pm on Friday evening.

As Sally is away for 4 nights she will receive a Client Holiday payment of £200 (4 x £50) on top of her normal pay.

She is scheduled to work the following hours each day:

|Day |Scheduled working hours |Total hours worked |Total additional hours (based |

| | | |on Sally’s 7 hours 24 standard |

| | | |working day) |

|Monday |8.00am - 1.00pm |11 hours |3 hours 36 minutes |

| |1.30pm – 6.00pm | | |

| |7.30pm – 9.00pm | | |

|Tuesday |8.00am - 1.00pm |11 hours |3 hours 36 minutes |

| |1.30pm – 6.00pm | | |

| |7.30pm – 9.00pm | | |

|Wednesday |8.00am - 1.00pm |11 hours |3 hours 36 minutes |

| |1.30pm – 6.00pm | | |

| |7.30pm – 9.00pm | | |

|Thursday |8.00am - 1.00pm |11 hours |3 hours 36 minutes |

| |1.30pm – 6.00pm | | |

| |7.30pm – 9.00pm | | |

|Friday |8.00am - 1.00pm |9 hours 30 minutes |2 hours 06 minutes |

| |1.30pm – 6.00pm | | |

Sally will therefore accrue a total of 16 hours 30 minutes additional hours for the duration of the trip which may be taken as time off in lieu or count towards her additional contracted hours.

Sally may also accrue ad hoc additional hours, in agreement with her headteacher, during the trip (e.g. when tending to an incident during the night).

Example B – Jordan goes to London

Jordan works 15 hours a week (5 hours a day over 3 days).

He is accompanying a group of Year 8s on a 3-day trip to London. The trip leaves at 9.30 on Thursday morning and returns at 7.30pm on Saturday evening.

Jordan is scheduled to work the following hours each day:

|Day |Scheduled working hours |Total hours worked |Total additional hours (based |

| | | |on Jordayn’s 5 hour standard |

| | | |working day) |

|Thursday |9.30am – 12.00pm |2 hours 30 |5 hours 40 minutes |

| |12:20pm – 5.30 pm |5 hours 10 | |

| |6.30pm – 10.00pm |3 hours 10 | |

| | | | |

| | |10 hours 40 mins | |

|Friday |8.00am - 1.00pm |11 hours |6 hours |

| |1.30pm – 6.00pm | | |

| |7.30pm – 9.00pm | | |

|Saturday |7.30am - 1.00pm |5 hours 30 mins |6 hours 10 minutes |

| |1.20pm – 7.00pm |5 hours 40 mins | |

| | | | |

| | |11 hours 10 mins | |

Jordan will therefore accrue an additional total of 17 hours and 20 minutes for the duration of the trip which may be taken as time off in lieu or count towards his additional contracted hours.

As Jordan is away for 2 nights he will receive a Client Holiday payment of £100 (2 x £50) on top of his normal pay.

Example C – Priti goes on a day trip to York

A Year 3 class is going on a day trip to the Yorvik Viking Centre on Thursday.

Priti’s standard working hours on a Thursday are 5 hours (9.00 – 2.30)

The trip leaves at 8.30 and returns on schedule at 4.30pm, meaning Priti works 7 hours 40 minutes (including a 20 minute unpaid lunch break) that day.

Priti therefore accrues an additional 2 hours 40 minutes that day (7 hours 40 minus her standard 5 hours).

Priti does not receive a client holiday payment as she is not required to stay the night.

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(Working weeks per part year / working weeks per full year) x (Additional weeks x Hours per week) = number of additional hours to be worked

The Working Time Regulations came into effect on 1 October 1998. The Regulations state that employees may not be required to work in excess of 48 hours per week averaged over a seventeen week period for all jobs they may hold. This includes all paid employment including that with other organisations.

It is recognises that individual employees may wish to opt out of the 48 hour ruling contained within the Working Time Regulations. Employees wishing to opt out should complete this form and return it to their Head Teacher/line manager who will retain a copy.

I _________________________(name) agree that I may work for more than an average of 48 hours a week. I understand that in normal circumstances I will be required to give four weeks' notice in the event that I wish to withdraw from this arrangement.

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