Working hours and pay

[jorainbow]

I received some excellent advice here earlier in the year regarding a contract issue. I ended up leaving the company and got a position back in education with the same Trust worked for previously but at a different school. I have come across a slight issue and I think I know the answer but would like confirmation if at all possible.

The salary calculations works on a 37.5hr week which as a member of admin staff I worked to at the old school. My hours for this school which I was aware of but assumed we got entitled breaks, total 45.5 less breaks however we are expected to cover lunch duty. I do three days a week for 30 mins but no other breaks and have two days where I take the 30 mins. Even if I took off the 2.5hrs lunch I still work over what the payments are calculated on (43hrs as opposed to 37.5). Apparently we can take a 15 mins break morning and afternoon but I am on duty every morning break.. I assume this is totally unacceptable! Everyone mutters about it but no one has actually challenged it so its more of a custom and practice.
My contracts states my daily hours not a total but a new contract is being brought in to the Trust which states 37.5hrs. I assumed that it would be pro rata increased to take the additional hours into consideration but that does not happen. Difficult as I don't want to rock the boat BUT......

[ULA]

What does your contract state your daily hours are?

[jorainbow]

Hi Ula - it states the daily worked hours i.e Mon-Wed 7.30-4.30 Thurs/Fri 7.30-3.30. No total

[jorainbow]

As an update, I spoke to one of the other admin staff and she said its just done as unpaid hours but surely that cant be right?

[jorainbow]

Hi Ula - could you advise if possible please? Aprreciated

[ULA]

I presume your contract states your salary for the hours that you are contracted to do less any lunch breaks. So currently the salary you have been offered/agreed covers a 4 days of 9 hours less breaks and 1 day of 8 hours less any breaks. What does your contract state about breaks for lunch and morning/afternoon? What does it say about payment for these?

Is there any thing in your job description in regard to covering play-ground duty?

[jorainbow]

Morning Ula and thank you!

The contract mentions nothing about breaks. Contract and conditions of service both state pay is as per salary scales based on 37.5hr week. There is nothing about covering duty unless it comes under the usual any other duties caveat. I work 3 days at 9 hrs and 2 at 8hrs less breaks which are not specified. Hope that makes sense

[ULA]

Effectively the difference between your contract hours and paid hours is 5.5 which should equate to the time you have off for breaks each week.

I think the best way forward, if there is nothing in our contract, is to ask the most appropriate person in authority what happens when you are on play ground duty in regard to you getting a lunch break and see what there response is. Once you know what the situation is then it may be clearer as to whether there is an issue.

As the new person it would seem perfectly acceptable for you to ask clarity on this aspect of what you are being expected to do - better to enquire now rather than after you have been there for a while.

[jorainbow]

thanks Ula - the lunch break involves eating with the students and supervising whilst we eat. I have already asked for clarity when I started and was told this is the expectation - the half hour lunch duty I do each week (3 days) is effectively my lunch break. The other two days I take half an hour away from my desk so that is an hour leaving 3.5 hours where I don't get a break as such nor am I paid. It just expected. The Trust are issuing new contracts to all staff and in that it specifies 37.5hrs a week though.

[Amethyst]

The unions seem to have a fair bit about this subject which might be worth looking at - are you a member of any union at all?
https://www.nasuwt.org.uk/advice/con...pervision.html
and forum discussion all over the place...
https://community.tes.com/threads/tl...vision.735241/
Just thinking it seems to be a wider issue in schools and teaching than simply contract/employment law.

[jorainbow]

Unfortunately as a free school unions are not recognised! Sadly it seems it will be a case of put up or shut up