How to fulfil a resourcing need - Resourcing options

Full-time working (permanent or fixed term)

When an employee works 37 hours per week (or an average of 37 hours per week) - the council’s “normal working week”.

How does it work

Hours can be worked in varying patterns from a standard week of office-type hours to compressed hours eg. an average of 37 hours per week across two or four weeks.

When to use it

Many roles suit full-time working (assuming sufficient business need).

Part Time working (permanent or fixed term)

When an employee works fewer than 37 hours per week.

How does it work

Hours fit business need and support work-life balance.

When to use it

Part-time working can apply to a wide variety of roles subject to the needs of the service.

Term Time working (permanent or fixed term)

Where an employee works for an agreed number of weeks per year which coincide with school terms.

How does it work

Generally hours are worked as follows: 38 weeks during term time and 2 weeks during school closure periods. (but may be different subject to the needs of the service). 

When to use it

The main users of term-time contracts are school-based staff, however, term-time hours can be used for other staff groups to support work-life balance where this can be accommodated in the service area.

Part Year working (permanent or fixed term)

Where an employee works for an agreed number of weeks per year not in line with school terms.

How does it work

Generally hours are worked as follows: 38 weeks during term time and two weeks during school closure periods. (but may be different subject to the needs of the service)

The employee receives a pro rata salary (including pro rata holiday entitlement), but this is paid all year round in equal instalments (equated pay).

When to use it

Part year hours can be used to support work-life balance as an alternative to term-time working or annualised hours where this can be accommodated in the service area.

Annualised hours (initially fixed term with option to be made permanent assuming business need is met)

Weekly hours (whether full or part-time) are calculated across the year (52.14 weeks). For example, 37 hours per week equates to 1929 hours per year; and 18.5 hours per week equates to 964.5 hours per year. Nb Contracted annual hours should always.

How does it work

Generally hours are worked as follows: 38 weeks during term time and 2 weeks during school closure periods. (but may be different subject to the needs of the service)

The employee receives a pro rata salary (including pro rata holiday entitlement), but this is paid all year round in equal instalments (equated pay).

When to use it

Areas which might benefit from annualised hours include seasonal work; project work; where work is ad hoc but there is a need for an experienced retained staff group - for example cover for absence across the year; fluctuations in the needs of service users etc.

Managers or headteachers must ensure that, during more intense working weeks, the provisions of the working time regulations are observed - for example, daily and weekly breaks; average 48-hour week (over 17 week).

Zero hours contract (fixed term)

Where hours are worked on an “as and when required” basis where there is an ongoing need but weekly hours cannot be determined and contracted on a weekly or annualised hours basis.

How does it work

Zero hours contracts can only be offered on a fixed term basis (max one year duration). In the event of continuing need after oe year, Managers/Headteachers must review hours worked and determine future need. Individuals on Zero hours contracts are employees and have full employment rights. Where hours are ‘reasonably offered’ (i.e. in line with an employee’s stated availability) there is an expectation that these will be accepted under normal circumstances. Failure to accept hours ‘reasonably offered’ on three occasions will normally result in no future offers of work. Pay is based on hours worked. 

When to use it

Areas which might benefit from zero hours arrangements are where there is an on-going need for short-term ad hoc shifts to be worked.

Managers or headteachers need to regularly review hours worked under a zero hours contract and ensure that staff are not actually working on a regular part-time basis.

Managers or headteachers are required to closely manage base level demand and look to contract hours where a regular pattern of work is established – on a fixed term basis if necessary.

Managers or headteachers must act upon a reminder which will be issued from the HR, Payroll and Recruitment Admin prior to the end of the fixed term appointment.

Where a regular pattern of work develops and / or where there is an expectation that hours will be offered / should be accepted, the arrangement must be reviewed and a different resourcing option may be more appropriate, eg annualised hours; part-time; fixed term.

Managers ot headteachers must ensure the provisions and requirements of the Working Time Directive are met, particularly where individuals work over a number of different posts either within or between service areas.  Relevant Managers or headteachers are expected to liaise accordingly with each other.

Casual worker agreement (fixed term)

Where hours are worked on an ‘as and when required’ basis where there would otherwise be a significant impact on service provision - for example, to cover sickness absence, unforeseen circumstances or short term peak workloads.

Not to be used for ongoing or regular working patterns or where there is an intention of continual employment. Encompasses all casual, relief, “supply”, “bank” worker requirements.

How does it work

Casual worker agreements can only be offered on a fixed term basis (max one year duration)Casual workers are “workers” not employees; they have no “contract of employment” and have limited employment rights. No hours are guaranteed; there is no obligation on the Council to offer work and where hours are offered there is no obligation on the worker to accept them (no mutuality of obligation). 

Failure to accept hours ‘reasonably offered’ on three occasions will normally result in no future offers of work Pay is based on hours worked. Leave entitlement is accrued based on hours worked and is “earned” at statutory levels only, ie 20 days annual leave + 8 days’ bank holidays.

When to use it

Areas which might benefit from casual worker agreements are where there is an on-going need for short-term ad hoc shifts to be worked.

Where current employees undertake additional work in another post or establishment in order to provide “relief” cover this should be undertaken under a Casual Worker Agreement (may be set up retrospectively in emergency situation)

Managers or headteachers must review hours worked on casual agreements regularly and must ensure that casual workers are not actually working on a regular part-time basis or could be deemed to have become employees through a regular working pattern.

Where a regular or ongoing pattern of work develops and/or where there is an expectation that hours will be offered / should be accepted, it is likely that a Tribunal would consider there to have been a change in the employment relationship regardless of the casual worker agreement (ie has become an employee with full employment rights) and the arrangement must be reviewed.  It may be that a different resourcing option may be more appropriate, eg, annualised hours, part-time, fixed term, zero hours.

Whilst the nature of a Casual Worker Agreement means it is unlikely that workers will exceed 48 hours pw over a 17 week reference period, Managers/Headteachers must ensure the provisions and requirements of the Working Time Directive are met, particularly where individuals work over a number of different posts either within or between service areas.

Supply Staff in Schools – Teaching Assistants

To provide short/long term cover on an as and when required basis eg to cover sickness, unforeseen circumstances.

To provide short/long term cover to meet the needs of a SEN statement.

It is strongly recommended that Headteachers/SENCo’s consult the local authority LSS Service.  Contact details are on the Council website.

How does it work

The Learning Support Service - Teaching Assistant service is a professional staffing agency providing qualified and skilled teaching assistants to work with schools, and other educational establishments, in the support of pupils with statutory and non-statutory educational needs.

All staff have a DBS Enhanced check for regulated activity (which includes the barred list), DBA clearance and are qualified to the relevant TA/STA minimum standard.

The service undertakes regular checks on the skills/knowledge of the Teaching Assistants and update necessary renewals.  All Teaching Assistants are required to have Safeguarding Level 1 as a minimum before they are deployed to schools.

This service can provide schools/establishments with Teaching Assistants, Senior Teaching Assistants and Higher Level Teaching Assistants.

The deployment of a Teaching Assistant can be on a short term (i.e. number of days to two to three weeks) or longer term (i.e. on a termly basis, or academic year basis).

Schools/Settings have the option to purchase absence cover, which requires the service to cover sickness/absence of their employee free of charge to the school/setting.

When to use it

When schools/settings do not directly employ Teaching Assistants and need short term/longer term support.

When schools/settings require immediate short term deployment to cover one of their own staff absences to ensure business continuity.

When school/setting has a pupil with an SEN Statement and require the relevant support for the time covered in the statement.

Supply teachers in schools

To provide short/long term cover on an as and when required basis eg to cover sickness, unforeseen circumstances. It is strongly recommended that headteachers or managers consult the local authority supply register in the first instance.

How does it work

The local authority supply register gives headteachers or managers access to qualified and skilled Teachers who are available to work in schools, and other educational establishments.

All staff have a DBS Enhanced check for regulated activity (which includes the barred list), DBA clearance and are qualified to the relevant minimum standard. All pre-employment checks have been carried out.

When to use it

This service may be of benefit where there is a need for an experienced and qualified teacher to cover for absence at short notice across the year or for other fluctuations in the requirements of the school.

Managers or headteachers are required to regularly review working arrangements (for example, changes in demand / working pattern) and ensure the most appropriate resourcing options are being utilised.