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February 2006

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TEACHERS’ WORKING TIME AND DUTIES – AN NUT GUIDE


CONTENTS PAGE

INTRODUCTION    3

THE SCHOOL TEACHERS’ PAY AND CONDITIONS DOCUMENT (STPCD)    

THE STPCD AND PART-TIME TEACHERS    

SECTION 1 – TEACHERS’ WORKING TIME    

Discharging Professional Duties
    
The Teacher Decides    
Worklife Balance    
Absence    
Morning and Afternoon Breaks    
Non-Contact Time/Planning, Preparation and Assessment Time    
Leadership and Management Time    
Headship Time    

SECTION 2 – PROFESSIONAL DUTIES 
   

Reasonable Direction    
Professional Duties – Teaching (paragraph 73.1 of Section 2 of the 2005 STPCD)    
NUT Policy on Schemes of Work and Lesson Plans    
Professional Duties – Other Activities (paragraph 73.2 of Section 2 of the 2005 STPCD)    
Professional Duties – Staff Meetings (paragraph 73.8 of Section 2 of the 2005 STPCD)    
NUT Policy on Meetings    
Professional Duties – Assessments and Reports (paragraph 73.3 of Section 2 of the 2005 STPCD)    
NUT Policy on Performance Management Bureaucratic Burdens    
Teachers’ Professional Duties – Cover (paragraph 73.9 of Section 2 of the 2005 STPCD)    
Duties of Head Teachers as They Affect Teachers    
Administrative and Clerical Tasks    

SECTION 3 – OTHER PROFESSIONAL ISSUES AFFECTING WORKLOAD    

Written Documents/Policies/Reports    
OFSTED/Estyn    
Schools in Special Measures and with a Notice to Improve    
Target Setting    
National Curriculum and Assessment    
The Foundation Stage in Wales    
Excessive Class Size    
Changes to School Session Times    

SECTION 4 - CONCLUSION    


 INTRODUCTION

The NUT has campaigned tirelessly over the years to seek to establish effective limits to teachers’ workload.  There is no shortage of evidence about the extent of the problem.  Most recently, the School Teachers’ Review Body undertook a diary survey to obtain a picture of the average total hours worked by full time teachers in a particular week in March 2005.

The findings were alarming – classroom teachers in the primary sector were working on average 50.9 hours per week.  The figure for secondary classroom teachers was 49.3 hours.  The figures for head teachers were even higher, with primary head teachers working an average of 52.9 hours and secondary head teachers 62.6 hours.

It is against this background of excessive workload and the NUT’s campaign to reduce teachers’ workload that changes to teachers’ statutory conditions of service in England and Wales have been introduced.

These include:

* from September 2003 no requirement to routinely undertake tasks of a clerical or administrative nature;

* from September 2004, a limit of 38 hours on the amount of cover that can be required of an individual teacher in each academic year; and

* from September 2005 an entitlement to at least 10 per cent of timetabled teaching time for planning, preparation and assessment (PPA).

The NUT did not sign the Workforce Agreement, because of its emphasis on the use of unqualified staff to take whole classes.  The NUT, however, is determined to ensure that its members benefit from their contractual entitlements and to protect their professionalism.

In addition to these recent provisions, teachers’ working time has for many years been governed by the working time provisions of the School Teachers’ Pay and Conditions Document (STPCD).

This guide  includes both a detailed summary of teachers’ conditions of service, as set out in the STPCD, and NUT policy and advice.


 
1. Advice and support on any of the issues raised in this guide is available from NUT regional offices in England, NUT Cymru in Wales or from the appropriate NUT division.

ACTION SUPPORT

2. The NUT will provide advice and assistance to school representatives and members seeking to have NUT policy implemented.  In most cases, as a result of negotiations, agreement will be reached.  Where negotiation fails to resolve the problem, and where there is sufficient support amongst members, the NUT will consider a ballot of members for industrial action to seek to achieve a resolution.

THE SCHOOL TEACHERS’ PAY AND CONDITIONS DOCUMENT (STPCD)

3. Where the STPCD applies, there is a legal obligation upon school management to give NUT school representatives access to it.  This is best effected by schools keeping up-to-date copies for reference purposes.  Additional copies can be downloaded from www.teachernet.gov.uk/management/payandperformance/pay. The provisions are statutory and schools cannot choose to ignore them.

4. The STPCD contains the statutory requirements for teachers’ pay and conditions for maintained schools in England and Wales and local authorities and schools must abide by these.  It applies to teachers employed by a local authority or by the governing body of a foundation or voluntary aided school.  Academies and independent schools may have different arrangements.

5. The STPCD also contains guidance on salaries and conditions of service issues.  Local authorities and governing bodies are required to have regard to the guidance and a court or tribunal may take any failure to do so into account in any legal proceedings.  In effect, this means that any school not following the guidance would need to have good reason not to do so and would need to be able to justify any departure from it.

THE STPCD AND PART-TIME TEACHERS

6. The NUT is opposed to all forms of discrimination against part-time teachers.  It is often the case that part-time teachers are not adequately paid in respect of the total number of hours they work. 

7. The School Teachers’ Pay and Conditions Document’s provisions on teachers’ working time do not refer directly to part-time teachers.  This is because the part-time nature of the contract should itself define the limits on working time.  However, because these limits are not explicitly detailed, uncertainties remain for many part-time teachers who find themselves called upon to work more hours and receive proportionally less pay than their full-time colleagues.  Any such difficulties are dealt with by the NUT with reference to the Part Time Workers (Prevention of Less Favourable Treatment) Regulations.

8. The DfES’s Circular of Guidance on Teachers’ Pay and Conditions makes clear that the working time obligations of part-time teachers, including job-sharers, should be defined in their contracts of employment.  Schools and Local Authorities must ensure that part-time teachers have an entitlement to terms and conditions pro-rata to those enjoyed by comparable full-time teachers.

9. A detailed NUT briefing note ‘Part-Time Teachers: Pay and Conditions’, which includes detailed advice on working time arrangements, is available from the NUT website at www.teachers.org.uk.

SECTION 1 – TEACHERS’ WORKING TIME

10. The provisions described below apply to teachers other than head teachers, deputy head teachers, assistant head teachers and advanced skills teachers. 

How Many Days?

11. Paragraph 75.2 of Section 2 of the 2005 STPCD states that a full-time teacher, “shall be available for work” for 195 days in any school year of which 190 days shall be days on which the teacher, “may be required to teach pupils in addition to carrying out other duties”.  The 195 days shall be specified by the employer or, if the employer so directs, by the head teacher.

12. The STPCD states that teachers must be available for work for 195 days in any school year.  It does not state that teachers must be present at school for 195 days.  There is room for employers and for head teachers to exercise flexibility.

13. A head teacher cannot direct a teacher to undertake duties on any of the 170 calendar days, 171 in a leap year, not specified as working days by the employer.

14. The NUT believes that there should be no variation from the working days specified by the employer for schools generally or within individual schools without consultation with the teachers concerned.  NUT members facing variations which do not meet with their ready agreement should consult the Union.

15. Paragraph 75.3 of Section 2 of the STPCD states that a full time teacher, “shall be available to perform such duties at such times and such places as may be specified by the head teacher…for 1265 hours in any school year,” those hours to be “allocated reasonably” throughout those days in the school year on which the teacher is required to be available for work.  It is important to remember that the 1265 hours is an absolute maximum and that teachers do not have to be directed to work right up to that limit.

Flexibility Within Limits – A Summary

16. To summarise, under the terms of the STPCD, as indicated above, the contractual working time of teachers is subject to specific limits:

 the number of days on which teachers shall be available for work in any school year is 195;

 the number of days on which teachers may be required to teach pupils is 190, i.e. 5 days as non-contact;

 teachers cannot be directed to undertake duties on any of the 170 calendar days, 171 in a leap year, not specified as working days by the employer – this includes holidays and weekends; and

 the number of hours within which teachers can be directed to undertake teaching or other professional duties is subject to the absolute limit of 1265.

17. Under the STPCD, the 195 specified days do not have to be identical for all teachers in the school.  If they are different, however, individual arrangements must be made for the time to score against the 1265 hour and 195 day limits.

18. These limits must not be exceeded.  Members who are called upon to undertake directed time which would exceed these limits should consult the Union as soon as the situation arises or, preferably, seems likely.  It is essential that schools keep accurate records of the demands upon their teachers, in terms of directed time.  In advance of each academic year teachers should be provided with a directed time calendar or diary, setting out their commitments in terms of teaching, PPA time, leadership and management time and meetings.  NUT members should contact the Union if they believe that they are likely to exceed 1265 hours of directed time or pro-rata if part-time.  An example of such a calendar is set out below.
Example of a directed time budget for a full-time classroom teacher in the primary sector without the responsibilities

Please note this is simply an example.  The way in which the time is allocated for different aspects of a teacher’s working day will clearly vary between schools.  What is important is that the issue is given careful consideration and that the total directed hours, including contingency time, does not exceed 1265 hours.  Note that the teaching time figure is what remains after PPA time has been allocated.  Prior to the introduction of PPA time, teachers in this school taught for 22.5 hours per week.  Their allocation of PPA time is slightly over 10 per cent of this figure.

Use of Hours                            Number of Hours                                                                       per Year

Registration                ½ hr x 190 days        95

Mid-Session Break            ¼ hr x 190 days        47½

Teaching Time            20 hrs per week        760
                                                      (4 hrs x 190 days)

PPA Time                2½  hrs per week        95

INSET days                5 hrs x 5 days            25

Supervisory duties            30 mins x 190 days        95
(includes 10 minutes before the
start of the morning session,
5 minutes at either end of the
lunch break and 10 minutes
at the end of the school day.)

Parents meetings and        3 hrs x 4 days            12
Open evenings

Staff meetings            1 hr x 38 days        38

Other duties of the            25 mins x 190 days        79 hrs 10 mins
Teacher (e.g. individual
pupil issues)
TOTAL                   
1246 hrs  40 mins


Contingencies (a cushion of        19 hrs 40 mins        18 hrs 20 mins
time available for unforeseen
circumstances.)                               

Note that the head teacher in this school has not allocated 1265 hours of directed time to this teacher.  A cushion of just over 18 hours has been reserved for emergencies and unplanned events.  It is only if the teacher is directed to work during this cushion of time that the 1265 hour limit will be reached.
19. Head teachers have the power to direct teachers in the school on every one of the 195 specified days to undertake duties, “at such times and in such places as specified”.  This is the significance of the word “directed”.  Hours devoted to all such duties qualify as directed time and count towards the overall limit of 1265.

20. Thus teachers may accrue hours of directed time and reach the limit of 1265 hours within fewer than the 195 days when teachers must be “available” for work.  In these circumstances, head teachers, according to DfES advice, may conclude that an individual teacher or group of teachers need undertake no duties on one or more of the 195 days, in recognition of the professional duties undertaken at other times.  This has particular relevance to the deployment of the five non-contact or INSET days, some of which can, subject to staff agreement, take place in ‘twilight sessions’ after school.  For example, a session beginning at the end of a school day and continuing until 6pm could count as half a day’s INSET.

21. Time spent in these sessions will accrue and score against the 1265 hours.  The teachers involved in these sessions cannot be required to attend on all of the five non-contact days if such a requirement would mean exceeding the 1265 hours limit.

Discharging Professional Duties

22. Paragraph 75.7 of Section 2 of the 2005 STPCD requires that a teacher undertakes to work, “such reasonable additional hours as may be needed to enable him, sic, to discharge effectively his professional duties.”  This includes, in particular, the marking of work carried out by pupils assigned to him, the writing of reports for those pupils and the preparation of lessons, teaching materials and teaching programmes”.  Although this may be time spent doing work under the general direction of the head teacher, it is not “directed time” within the 1265 hours.

The Teacher Decides

23. Paragraph 75.7 of Section 2 of the 2005 STPCD provides that the amount of time for professional duties beyond the 1265 hours of directed time, “shall not be defined by the employer”

24. The teacher will decide, under paragraph 75.7, the number of additional hours necessary and where and when such duties will be performed.

25. Neither the place where the work is undertaken nor the number of hours required to discharge the teacher’s professional duties under paragraph 75.7 and outside the 1265 hours of directed time can be determined by the head teacher, the governors, any relevant voluntary body or the local authority.

26. The duties undertaken in additional hours will be those that are necessary for the individual teacher and which can be undertaken by that teacher alone.  They include marking and preparation, will relate solely to the teacher’s own teaching, and will exclude activities which require the involvement either of staff or pupils.  They will exclude duties that the teacher is required to undertake at a time determined by the head teacher, which would be part of directed time.

27. This element of the STPCD is not a licence for head teachers to require teachers to undertake additional work or activities outside directed time. Though evidently this is work done as part of the teacher’s whole job, and is a consequence therefore of general direction by the head teacher, the time spent on professional duties cannot be subject to the head teacher’s specific direction.  All work undertaken in this period of non-directed time must be determined by, and be relevant to, the teaching commitments and duties of the individual teacher.

Worklife Balance

28. Head teachers are required to ensure that teachers experience a reasonable work/life balance (paragraph 60.3.1 ‘Management of Staff’, Section 2 of the 2005 STPCD refers).  The head teacher has a duty to maintain, for each teacher, a reasonable balance between work carried out in school and work carried out elsewhere.  Head teachers also have a duty to have regard to the desirability of teachers at the school being able to achieve a satisfactory balance between the time required to discharge their professional duties and the time required to pursue their personal interests outside of work.  There is no requirement that all the available hours and days must be called on.  Indeed in many cases of teachers with substantial marking and preparation responsibilities, heads should adjust their demands on directed time.

Absence

29. Teachers cannot be required to make up any directed time not worked as a result of absence through illness, or absence for any other reason. 

Morning and Afternoon Breaks

30. Morning and afternoon breaks count as directed time.  A small proportion of the staff might be on duty on a rota basis but, in an emergency, staff would be expected to respond and clearly they are available for work at such a time.

Travel To/From Work

31. Time spent in travelling to or from the place of work is not included within the 1265 hours, except in the case of peripatetic teachers or those who work at a split-site school.

Mid-Day Break

32. A teacher cannot be required to undertake midday supervision and “shall be allowed a break of reasonable length either between school sessions or between the hours of 12 noon and 2.00 p.m.”.  Paragraph 75.6 of Section 2 of the 2005 STPCD refers.  Any teacher who volunteers to undertake mid-day supervision is entitled to a free school lunch.
 
33. Head teachers, deputy head teachers, assistant head teachers, advanced skills and fast track teachers are also entitled to a break of reasonable length, but the STPCD is silent on the issue of whether such staff can be required to undertake midday supervision. NUT policy is that midday supervision should be undertaken by lunchtime supervisors. 

34. The NUT’s view of the “break of reasonable length” is that teachers should have an entitlement of at least one hour when they cannot be required to undertake duties, attend meetings or remain on school premises.  The lunch break cannot be included in the 1265 hours of directed time.

35. NUT members are strongly advised not to attend meetings convened by management during their lunch break.

Non-Contact Time/Planning, Preparation and Assessment Time
36. As of 1 September 2005 all teachers with timetabled teaching commitments have a contractual entitlement to planning, preparation and assessment (PPA) time, set as a minimum of at least 10 per cent of a teacher’s timetabled teaching time.  (Paragraph 76.1 to 76.5 of Section 2 of the 2005 STPCD refers.)  This time counts towards the maximum 1265 hours of directed time.  Any teacher who is already in receipt of more than this amount of time must not have his/her existing allocation reduced to 10 per cent.  Paragraph 88 of Section 4 of the 2005 STPCD refers.  PPA time must be allocated in blocks of no less than 30 minutes and should take place during the time in which pupils are taught at the school and must not be bolted on before or after pupil sessions.  PPA time must not be used for provision of cover.  Newly qualified teachers are entitled to a reduced teaching timetable, equivalent to no more than 90 per cent of the time other teachers without management responsibilities spend in the classroom.  Such teachers are entitled to PPA time, equivalent to 10 per cent of their reduced teaching timetable. 
    The NUT’s position on the use of support staff in relation to PPA time, along with general advice on the implementation of PPA time, is set out in the NUT guidance document ‘Planning, Preparation and Assessment Time; Leadership and Management Time’, available from the NUT website at www.teachers.org.uk.  It is important to note that teachers do not have a duty to set or mark work for support staff who cover their classes while they are taking their PPA time.

Leadership and Management Time

37. There are major issues of workload affecting the Leadership Group.  To already onerous burdens have been added; their direct responsibilities for responding to OFSTED school self-evaluation forms; any new requirements in relation to the ‘Every Child Matters’ agenda; responsibilities with respect to TLR staffing reviews; monitoring the application of school policies; and taking on excessive additional workload as a result of having to respond to funding shortfalls for PPA time.

38. Every teacher with leadership and management responsibilities is entitled to Leadership and Management Time.  This includes members of the leadership group and those outside the leadership group with some form of leadership and management responsibility, including subject leaders and coordinators, heads of department, SEN coordinators and advanced skills teachers.  Unlike PPA time, there is no minimum entitlement but the NUT would expect schools to provide adequate amounts of time, commensurate with levels of responsibility.  For such teachers with a teaching timetable, Leadership and Management Time must be allocated in addition to PPA time.

39. Further information on Leadership and Management Time is contained in the NUT guidance document ‘Planning, Preparation and Assessment Time: Leadership and Management Time’, available from the NUT website at www.teachers.org.uk.

Headship Time

40. Head teachers must have dedicated time to lead their schools as well as manage them.  From September 2005, governing bodies are expected to ensure that head teachers have ‘dedicated headship time’.

41. The amount of ‘headship time’ is not specified in the STPCD but reference is made to those head teachers with significant teaching loads defined as those who teach for more than 50 per cent of the school timetable.  As of September 2005 head teachers’ teaching load should be reduced by 10 per cent in order to provide PPA time.  Dedicated leadership time should be allocated in addition to time for PPA.

SECTION 2 – PROFESSIONAL DUTIES

43. This section lists teachers’ professional duties as currently set out in the STPCD.  It also includes details of NUT policy which relates to those duties.  Italics are used to indicate the professional duties of teachers as they appear in the STPCD.

44. The School Teachers’ Pay and Conditions Review Body has suggested in its 2005 report, that there should be a reconsideration of the value of including lists of duties within the STPCD.  The NUT will seek to protect members’ interests and the professionalism of teachers.

    The letters DT are placed against the duties identified below which may only be required within the specified 1265 hours of directed time.  The unmarked duties may be undertaken either within the specified 1265 hours (including PPA time) or during additional hours under paragraph 75.7 of Section 2 of the 2005 STPCD.

Reasonable Direction

45. The STPCD sets out the professional duties of teachers.  They are to be carried out, “as circumstances require” under the “reasonable direction of the head teacher”.  It would not be reasonable for any teacher to be required to undertake all of the duties set down below.

Professional Duties – Teaching (paragraph 73.1 of Section 2 of the 2005 STPCD)

46. In each case having regard to the curriculum of the school, the professional duties of teachers include:

        planning and preparing courses and lessons.

    Note that other than the guaranteed minimum of at least 10 per cent of each teacher’s timetabled teaching time for planning, preparation and assessment is included in directed time; Paragraph 73.1.1 of Section 2 of the 2005 STPCD refers.

NUT Policy on Schemes of Work and Lesson Plans

47. Medium-term planning should involve all staff in a key stage or phase working together to ensure coherence and curriculum continuity.  Individual teachers should not be expected to produce such plans independently.  Joint guidance on planning from OFSTED, the DfES and QCA can be downloaded from hhtp://www.teachernet.gov.uk/docbank/index.cfm?id=3179 and provides useful background to the NUT’s guidance.

48. It is not reasonable to expect teachers to write new plans for every group or cohort of pupils.  Plans can be stored and revised and, often, only minor amendment is necessary.

49. Plans can be photocopied from the relevant QCA or other curriculum documents or downloaded from the internet.  It is quite acceptable to annotate, highlight, date and amend these.

50. Planning is the professional responsibility of all individual teachers, who can use medium-term plans by taking into account the particular needs of their class or groups.

51. Plans should be ‘fit for purpose’.  They should be useful to individual teachers and reflect what they need to support their teaching of particular classes.  Other teachers should be able to understand the plans.

52. Plans should be kept to a minimum length.  They can be set out in the form of bullet points or notes, including how learning objectives will be achieved.  This is a matter of professional judgement.

53. Plans are working documents and do not need to be beautifully presented or copied out for others.  Separate weekly and daily lesson plans are not necessary.  As the OFSTED, DfES and QCA guidance says, for medium-term planning, ‘QCA schemes of work contain the detail you need for each subject’.  Annotations or post-it notes can be used to convert medium-term plans into lesson plans.

54. Teachers should use their professional judgement on whether to use non-mandatory schemes of work.  Any use should be determined by the application of the professional judgement of the teacher concerned.

55. Plans do not have to be very long or complex.  They should be updated only when necessary and not more than once a year.  NUT members, applying their professional judgement, should determine whether reporting back on lessons involves undue bureaucracy and, if so, to decide whether or not to decide to continue with such practice.

56. With the exception of some children with specific needs or special educational needs, lesson plans for individual pupils are not necessary. 

DT    teaching “according to their educational needs”, pupils assigned to the teacher;

setting and marking pupil’s work – school and homework, other than the guaranteed minimum of at least 10 per cent of each teacher’s timetabled teaching time for planning, preparation and assessment which is included in directed time;

assessing, recording and reporting on the development, progress and attainment of pupils, other than the guaranteed minimum of at least 10 per cent of each teacher’s timetabled teaching time for planning, preparation and assessment which is included in directed time.

Professional Duties – Other Activities (paragraph 73.2 of Section 2 of the 2005 STPCD)

57. The professional duties of teachers include:

DT    promoting the general progress and well being of individual pupils and of any classes or groups of pupils assigned to them;

DT    giving guidance and advice on educational and social matters and on careers;

DT    making records and reports on pupils’ personal and social needs;

DT    communicating and consulting parents;

DT    communicating and co-operating with outside bodies or individuals; and

DT    participating in meetings arranged for any of the purposes described above.

Professional Duties – Staff Meetings (paragraph 73.8 of Section 2 of the 2005 STPCD)

58. The professional duties of teachers may include:

DT    participating in meetings at the school which relate to the curriculum or the administration or organisation of the school, including pastoral arrangements.

Attendance at meetings can only be required in the context of STPCD.  Meetings must be within the 1265 hours annual maximum of directed time and within the 195 days when the teacher is required to be available for work.

NUT Policy on Meetings

59. The Government issued advice in 1998 addressing the issue of meetings in the context of management convened meetings other than those arranged for the purpose of communicating with and consulting parents:

    “Well-run meetings are essential to the internal management of and communications of a school.  Schools need to have flexibility to determine the pattern and number of meetings.  These are matters for sensible professional judgment.  But schools do need to establish a pattern of meetings that is fully justified”.

60. In its December 2004 report ‘Remodelling the School Workforce – Phase 1’, OFSTED commented on the number of meetings teachers were required to attend during the year and noted that it was rare for anyone to ‘review the rationale for this significant investment of time’.

Making Meetings Effective

61. The Union believes that it is the responsibility of those who call and direct meetings to organise the meetings with proper attention to sound time management.

62. Meetings must be “well-run”, having a clear focus.  Only those staff whose presence is essential should attend.  Agendas must be prepared and circulated in advance.  There should be clear options for decisions.

63. Only recommendations or action points should be recorded, rather than full minutes.

64. The prioritisation of issues should enable all essential business – including items of urgency – to be covered adequately within a limited time.

65. Meetings should not be called simply to conform to a pre-arranged calendar.  Each meeting should have a purpose and should terminate when that purpose has been achieved.

Limiting the Number of Meetings

66. Adherence to these principles facilities the achievement of NUT policy in respect of meetings.  The NUT believes that meetings should last no more that 60 minutes, being held on no more than an average of one evening per week during a term, with a maximum of two evenings in any one week. 

67. Evening meetings, may be conducted in a single session or sub-divided sessions for teachers in pre-defined groups but in the NUT’s view the total duration should not exceed 60 minutes on that evening.

68. Where the pattern of meetings includes two meetings in a particular week, the NUT’s view is that there must be one week without meetings to ensure that the average of no more than one meeting a week is maintained.  Parents’ consultation evenings are not to be included in the averaging.  See section below on Parents’ evenings.

Agreeing the Pattern

69. It is the head teacher’s duty to ensure that the overall workload of each teacher, made up of directed time and time as defined under paragraph 67.7 of Section 2 of the STPCD, is reasonable.  Meetings are the main consumer of directed time outside the pupil day.  It follows that effective management of time allocated to meetings is central to the head teacher’s obligation and will be of significant benefit to teachers.  The use of calendars to record directed time will assist in this respect.  See paragraph 18 of this document for further information and an example of a directed time calendar.

70. Head teachers must consult their teaching staff on the pattern and number of meetings.  The pattern and number of meetings should be agreed, within the limits explained above.

71. Attendance at meetings should be required only of staff who are involved in, or affected by, the business at hand.  If evening meetings involve movement between groups or venues, the time for movement must be included within the 60 minute maximum.

72. Attendance at meetings can be required only in the context of the STPCD.  Meetings and parents’ consultations must be within the 1265 hours annual maximum directed time within the 195 days when the teacher is required to be available for work.  Teachers cannot be required to attend meetings during their lunch break.  Where meetings do not start immediately at the end of the school day, any ‘trapped time’ before the meeting starts should count as directed time.

Pre-School Briefings

73. Pre-school briefings, prior to the pupil day, have become a feature of the organisation of some schools.  Some teachers may consider them unproductive and not supportive of their preparation for teaching.  Other teachers consider them helpful in ensuring good internal communication with limited disruption.

74. The NUT will provide support to NUT members who do not wish to take part in pre-school briefings which they believe to be unnecessary.  The school briefings must be included in any pattern of meetings and directed hours.

75. Time devoted to pre-school briefings should be within the 60 minutes maximum for meetings.

76. Pre-school briefings are subject to the criteria in the Government’s Circulars on Bureaucracy in Schools as regards justification, purpose, attendance and procedures.

Parents’ Evenings

77. Evenings for parental consultation have a different structure and purpose to other evening meetings.  They cannot be limited to a maximum of 60 minutes.  They should be few in number during the school year.  They must be included in any agreed pattern of meetings.

78. If, in any week, there is one parents’ evening, then in that week there should be no more than one further evening call on teachers, whether for parental consultations or otherwise. 

79. Parents’ consultation evenings should not be taken into account when calculating whether there will be more than one evening meeting per week averaged out over a term.  They are, however, subject to the limit of no more than two evening meetings in any one week.

Attendance at Meetings/INSET: Part-Time Teachers’

80. Part-time teachers often experience problems in relation to attendance at activities outside the classroom, such as staff meetings and INSET, on days when they do not normally work.  Many part-time teachers find that their head teacher expects them to attend all staff and parents’ meetings and all INSET days.  Where this is not taken into account in the terms of their contracts then part-time teachers are likely to find that their salaries do not reflect the actual time which they work in comparison to full-time teachers.

81. Due to other commitments, part-time teachers may be unable to work on those days when they do not teach.  The NUT believes that head teachers should respect this position.  Head teachers may not direct teachers to work in circumstances where such a direction would be unreasonable.

82. For professional development reasons, part-time teachers should be offered the opportunity to attend all INSET days, including those which take place on days when they do not normally teach.  Where they agree to do so, they should receive additional pay.  Failure to allow part-time employees the opportunity to attend training available to full-time employees is unlawful. 

83. The NUT supports the right of part-time teachers to access the full extent of professional development opportunities available to their full-time colleagues.  Where part-time teachers attend INSET on days when they do not normally work, their total contractual working hours should be reflected in their salary.  Where this is not the case, part-time teachers should be paid on a supply basis for attending INSET on days when they do not normally teach.

    Further guidance on how part time teachers’ contacts should be set out is included in the NUT briefing document.  ‘Part-Time Teachers: Pay and Conditions’, available from the NUT website at www.teachers.org.uk.

Professional Duties – Assessments and Reports (paragraph 73.3 of Section 2 of the 2005 STPCD)

84. The professional duties of teachers include:

providing or contributing to oral and written assessments, reports and references relating to individual pupils and groups of pupils.

NUT Policy on Writing Reports

85. NUT members should not be expected to write more than one report on each pupil in each academic year.  Reports include written documents and proformas with tick boxes.  Unless the reports are computer-generated, the targets for the maximum number of words should be:

* whole reports: 400 words
* individual subjects: 40 words

86. Members are reminded that they should not be routinely required to collate and photocopy reports following changes to the STPCD in September 2003.

Professional Duties – Appraisal, Further Training, Educational Methods, Discipline, Health and Safety (paragraphs 73.4, 73.5, 73.6 and 73.7 of Section 2 of the 2005 STPCD)

87. The professional duties of teachers include:

DT    participation in arrangements for the appraisal of their own performance and that of others;

DT    reviewing, from time to time, their individual methods of teaching and programmes of work;

DT    participating in arrangements for their further training and professional development as teachers;

DT    advising and co-operating with the head and other teachers on the preparation and development of courses, materials, teaching methods and on assessment and pastoral arrangements;

DT    maintaining good order and discipline amongst pupils; and

DT       safeguarding the health and safety of pupils both when they are authorised to be on the school premises and when they are engaged in authorised school activities elsewhere.

NUT Policy on Performance Management Bureaucratic Burdens

88. The NUT will not accept:

 the allocation to team leaders of unreasonable numbers of reviews.  The NUT proposes a maximum of four, but all reasonable attempts to allocate a smaller number should be made.

 the setting of more than three objectives for each reviewee.  It is recommended that no objective should exceed 40 words.

 the setting of inappropriate objectives.  No member should agree to objectives that would lead to unreasonable burdens or be unachievable.

 rigid performance targets linked to pupil results;

 attempts to impose more than one Performance Management observation per year on any teacher;

 attempts to impose classroom observations lasting more than 60 minutes;

 increases in class size/reductions in support time caused by the reallocation of staff time in order to facilitate any aspect of performance management;

 attempts to impose requirements to complete documentation in relation to performance reviews outside the NUT’s recommended classroom observation checklist; and

 attempts to set classroom observations at times with which reviewees disagree.

Teachers’ Professional Duties – Cover (paragraph 73.9 of Section 2 of the 2005 STPCD)

89. The professional duties of teachers include:

DT    supervising and “so far as is practicable”, teaching any pupils whose teacher is not available to teach them.

 There is, however, an absolute limit of 38 hours on the amount of time for which a teacher can be required to provide cover each year.  The only exception is where a teacher is employed wholly or mainly for the purpose of providing cover.

 The 38 hour limit applies to all teachers, including head teachers, those on the leadership spine and ASTs, whether on permanent, fixed term or temporary contracts.  It applies on a pro-rata basis to part-time teachers.

 Head teachers are required to seek to ensure, as far as practicable, an even spread of cover throughout each term.  They also have a duty to ensure that cover is shared equitably among all teachers.

 Notwithstanding the introduction of the 38 hour limit, paragraph 46 of Section 4 of the 2005 STPCD, recognises that covering for absences is not an effective use of teachers’ time and that schools should continue to aim for a situation where teachers, other than supply or cover teachers, only rarely cover for absent colleagues.

Detailed NUT advice on the operation of the 38-hour cover limit is available in the document ‘Guidance for NUT School Representatives on the Introduction of the Annual Cover Limit and Guaranteed Planning, Preparation and Assessment Time’.  This is available on the NUT website at www.teachers.org.uk.

Gained Time

90. During the academic year, particularly in the summer term, teachers with examination classes are often released from some of their timetabled teaching commitments as a result of pupils being on examination or study leave.  This time is known as ‘gained time’.  The 2005 STPCD, Section 4, paragraph 57, makes it clear that if teachers are directed to cover during gained time, it must count towards the 38 hour limit.  There are, however, certain activities which a head teacher can reasonably direct a teacher to undertake in ‘gained time’.  Paragraph 56 of Section 4 of the 2005 STPCD lists these activities.  They are:

 developing/revising departmental/subject curriculum materials, schemes of work, lesson plans and policies in preparation for the new academic year.  This may include identifying appropriate materials for use by supply staff and/or cover supervisors;

* assisting colleagues in appropriate, planned team teaching activities;

* taking groups of pupils to provide additional learning support;

* supporting selected pupils with coursework;

* undertaking planned activities with pupils transferring between year groups or from primary schools; and

* where the school has a policy to release staff for CPD during school sessions, gained time may be used for such activities.

Duties of Head Teachers as They Affect Teachers

91. The STPCD sets out the professional duties of head teachers, some of which directly affect the duties of teachers.

* Head teachers have a duty to provide teachers with information they need to carry out their professional duties effectively.

* Head teachers have a duty to maintain relationships with organisations representing teachers and other persons on the staff of the school.

* Head teachers have a duty to ensure that all staff have access to advice and training appropriate to their needs in accordance with the Local Authority or governing body’s policies.



* Head teachers have a duty to ensure that the duty of providing cover for absent teachers is shared equitably among all teachers in the school, including the head teacher, taking account of their teaching and other duties and of the desirability of not using a teacher at the school until all other reasonable means of providing cover have been exhausted.
* Head teachers have a duty, under paragraph 25 of Section 4 of the 2005 STPCD to ‘have regard to the desirability of teachers at the school being able to achieve a satisfactory balance between the time required to discharge their professional duties…and the time required to pursue their personal interests outside work’.  This is known as the ‘work life balance clause’.  See also paragraph 28 above.

Tasks Not Included in the Professional Duties of Teachers

Administrative and Clerical Tasks

92. Such tasks are not part of the professional duties of a teacher.  Paragraph 73.12.3 of Section 2 of the 2005 STPCD specifies that teachers are not required routinely ‘to undertake tasks of a clerical or administrative nature which do not call for the exercise of a teacher’s professional skills and judgment’.  A list of such tasks is contained at Annex 5 to Section 2 of the 2005 STPCD and is set out below.  This list should is indicative only.  Teachers cannot be routinely required to undertake any clerical tasks not just those on the list of examples set out below.

* Collecting money from pupils and parents.

*Investigating a pupil’s absence.

* Bulk photocopying.

* Typing or making word-processed versions of manuscript material and producing revisions of such versions.

* Word-processing, copying and distributing bulk communications to parents and pupils.

* Producing class lists on the basis of information provided by teachers.

* Keeping and filing records, including records based on data supplied by teachers.

* Preparing, setting up and taking down classroom displays in accordance with decisions taken by teachers.

* Producing analyses of attendance figures.

* Producing analyses of examination results.

* Collating pupil reports.

* Administration of work experience but not selecting placements and supporting pupils by advice or visits.

* Administration of public and internal examinations.

* Administration of cover for absent teachers.

* Setting up and maintaining ICT equipment and software.

* Ordering supplies and equipment.

* Cataloguing, preparing, issuing and maintaining materials and equipment and stocktaking the same.

* Taking verbatim notes or producing formal minutes of meetings.

* Co-ordinating and submitting bids, for funding, school status and the like, using contributions by teachers and others.

* Transferring manual data about pupils not covered by the above into computerised school management systems.

* Managing the data in school management systems.

93. NUT advice is that teachers should exercise their professional judgment in deciding whether a particular task requires their input.  For example, it is up to individual teachers to decide whether putting up and maintaining displays is a task which involves their professional skills and judgment, or whether it is an administrative task that should be transferred to support staff.  The time saved by the transfer of administrative and clerical tasks should not be replaced by additional teaching time.

    In respect of the September 2003 changes to the STPCD, the NUT advises members to limit workload by applying the Government’s ‘key questions approach’:

(a) Does the task need to be done at all?

(b) Is the task of an administrative or clerical nature?

(c) Does it call for the exercise of a teacher’s professional skills and judgement?

If the answers to (a) and (b) are ‘yes’, and the answer to (c) is ‘no’, then the task should be transferred from teachers.


SECTION 3 – OTHER PROFESSIONAL ISSUES AFFECTING WORKLOAD

94. Set out below is NUT advice on a variety of other professional issues which impact upon teachers’ workload.

Written Documents/Policies/Reports

95. Documents should be kept to the minimum length necessary.  Professional judgement should be applied in determining the length of the document.  A reasonable amount of time must elapse between requests for contributions to school documents.

96. The NUT believes that members should not be expected to write or rewrite policies, unless they are provided with model policies.

97. The NUT believes also that members should not be expected to write more than one report on each pupil in each academic year.  See also paragraph 85 above on Assessments and Reports.

OFSTED/Estyn

98. Schools should not opt for, or be subjected to, pre-OFSTED/ESTYN practice inspections.  Where these inspections take place, no preparation additional to teachers’ normal workload should be undertaken.  NUT members should not produce policy statements or substantial documentation specifically for inspection.

“OFSTED neither requires nor expects teachers to engage in extra work of any sort because of a forthcoming inspection.”
(OFSTED Framework for Inspecting Schools 2003)

“It is important that schools do not feel that they have to produce documents or analysis specifically for the inspection.”
(Estyn Guidance on the Inspection of Secondary Schools 2004)

99. OFSTED and Estyn inspectors must not do anything which would encourage teachers to prepare or plan material especially for the inspection.  The NUT will pursue cases where OFSTED or Estyn inspectors or local authority advisors place unnecessary demands on members.

100. School self-evaluation procedures, where they have been subject to thorough consultation with teaching staff for the purposes of school development, can be valuable.  Both the school’s own self-evaluation procedures, and the methods used by each school to respond to OFSTED school self-evaluation forms should not, however, lead to additional workload for teachers.

101. NUT members should not be expected to be involved in excessive data inputting into the OFSTED self-evaluation form.



Schools in Special Measures and with a Notice to Improve

102. In England, schools under special measures, or with notice to improve, do not face standard OFSTED inspections, but are expected by HMI to implement action plans.  In addition, schools categorised as “under-achieving” must submit further national test data and any analysis they have undertaken to OFSTED.  They may also be visited by HMI.  All these demands create additional workload for teachers.  NUT school representatives in such schools should refer to NUT regional offices for advice where they believe they are facing excessive demands in these circumstances.

103. In Wales, schools with notice to improve are expected to work with the local authority to address these.  About 12 months after the publication of the report, Estyn will undertake an inspection visit to the school and decide whether to remove it from the list of schools with notice to improve, whether it shows the capacity to improve or to consider placing the school in special measures.  NUT school representatives in such schools should refer to the NUT Cymru office for advice where they believe they are facing excessive demands in these circumstances.

Target Setting

104. Excessive target setting, including setting and reviewing targets in schools, is a problem for many members.  As part of assessments of pupils’ learning, members will necessarily set objectives.  This should be distinguished from the setting of targets for whole school purposes.  The setting of targets, including benchmarking for such purposes, should not take place more frequently than once a year, unless teachers to whose classes the targets apply seek to change those targets.

School Governors

105. NUT members should not undertake administrative work for school governing bodies.  Unless they are teacher governors and wish to contribute voluntarily, NUT members are advised not to contribute to the writing of the school prospectus/governors’ annual report.

Bidding for Grants

106. Members are advised not to become involved in monitoring the application of external grants, nor in writing bids, unless such activities are included within their job description.

Professional Development Portfolios

107. Members need to maintain a brief record of the professional development they have undertaken, but a complicated portfolio is not necessary.




Special Educational Needs

108. Members should not be expected to write from scratch Individual Education Plans.

National Curriculum and Assessment

109. Under the provisions of the 2005 STPCD teachers are protected from being required to transfer test results to OMR forms and from being required to complete the application forms required to request additional time for completion of the end of Key Stage tests.  Teachers should also not be required to undertake administrative work in relation to test papers for pupils, for example, emboldening text or diagrams.  (See paragraph 105 on Administrative and Clerical Tasks.)

Teacher Assessment

110. In determining a National Curriculum teacher assessment level, teachers should need to refer only to a minimum level of evidence.  Where members believe that teacher assessment arrangements cause bureaucratic burdens, they should contact their NUT regional office, or in Wales, NUT Cymru.

Key Stage 1 Tests in England

111. The arrangements for assessment at the end of Key Stage 1 require the National Curriculum tests and tasks to be used to inform teacher assessment.  Only teacher assessment levels are reported nationally.

112. Decisions on the allocation of subject levels for the purposes of teacher assessment should rest with the professional judgement of each teacher.  Teacher assessments are based on teachers’ overall knowledge of each child’s progress.  In determining a National Curriculum teacher assessment level, NUT members should need to refer only to a minimum of evidence.

113. Decisions on when National Curriculum tests and tasks should be taken should involve teachers’ professional judgement in consultation with their head teachers.  The best interests of children in each class should inform those decisions.  It is the school’s decision on when tests and tasks should be taken, not that of the local authority.  It is important that head teachers reach agreement with Year 2 teachers about when the tests and tasks should be taken.  The head teacher will need to take the wider interests of the school into account.  The teacher will have the closest knowledge of the needs of their class.

114. Moderation arrangements should not increase the demands on teachers, compared with existing auditing arrangements. 

115. No NUT member should be expected to attend an additional meeting at the end of the school day for the purposes of moderation.  Such meetings should be arranged during the school day with the supply cover provided.

116. NUT members should not be expected to produce additional material for the moderation process.  The DfES/QCA guidance makes it clear that schools are not expected to, “compile special portfolios”, for the moderation exercise.  The NUT believes that local authority moderators should seek agreement with head teachers and Year 2 teachers on whether further information, such as “teachers’ current plans and classroom displays and/or a brief discussion with individual children”, is necessary.

Key Stage 2 and 3 Tests in England

117. External markers conduct all marking of the end of Key Stage 2 and 3 tests.  Teachers are not required to be involved in this process.  In addition, there is no statutory requirement on local authorities to audit Key Stage 2 and 3 tests.  Teachers are not required to undertake any voluntary audit activities that a Local Authority might seek to introduce.

At the Foundation Stage in England

118. The Qualifications and Curriculum Authority’s (QCA) Curriculum Guidance for the Foundation Stage is the core reference document for supporting the learning and teaching of children, from age 3 until the end of the reception year.

119. The expectation within the guidance is that the literacy hour and daily maths lessons should be in place by ‘end of the reception year’ and not throughout the reception year.

120. OFSTED, in their guidance to inspectors emphasises that in the Foundation Stage “evaluation must focus on quality and impact, whatever method is being used by the teacher”.

Foundation Stage Profile Assessment

121. How the Foundation Stage Profile is used is a matter for teachers’ professional judgement.  The Profile booklet is not a statutory document.  Provided that assessment is recorded against the scales and reported to parents and the local authority, schools will have met their statutory requirements.  NUT members are not required to use any or all of the Profile booklet.

122. Teachers are required to seek contributions to the Profile from parents on any relevant aspects of their child’s development.  This should be integrated with settings’ existing practice: there is no requirement for additional meetings to be held.  The NUT’s guidance to members in relation to meetings, see paragraphs 58-79 of this document, applies to meetings in connection with the Profile.






Moderation

123. Moderation of the Profile is a statutory requirement and local authorities are responsible for the moderation process.

124. Moderation of the Profile is not about auditing marketing, but about helping teachers identify what they should observe when the assessment criteria are being fulfilled.  There is no need for teachers to collect moderation evidence for each child.

Reporting Arrangements

125. Completed profiles must be shared with parents, in any format the school chooses.  Profiles can be used as the required written report at the end of the reception year but each school is free to decide whether to share the actual scores with parents.

126. NUT members are advised not to complete more than one written report per pupil a year.  See paragraph 85 of this document.  The Profile should form part of that report.

Optional and Progress Tests in England

127. Optional tests at the end of Year 3, 4, 5, 7 or 8 are already in place in many schools in England.  As the description suggests, they are optional.  Head teachers have the option of deciding whether or not to use the tests.  There are no external marking arrangements for the optional tests, such as those in place for the statutory, end of Key Stage 2 and 3 tests.

128. In addition, the DfES expects pupils who enter secondary schools with attainment below National Curriculum Level 4, or who are ‘insecure’ at Level 4 in English and mathematics, to take progress tests.  The progress tests are the same as the statutory end of Key Stage 2 tests and will, therefore, change each year.  Progress tests are available in English and mathematics but not in science.  They will be marked by external markers in the same way as Key Stage 2 end of Key Stage tests.  The use of progress tests is optional to each secondary school.

129. If progress tests are used then school funding allocations can be used to pay external markers or to pay for supply teachers to cover teachers marking the tests.  Members are advised to ask their NUT school representative to request what external support, either of supply cover or as external marker support, is available for the marking of the optional or progress tests.

130. The NUT believes that decisions on the use of optional and progress tests should be a matter for consultation between head teachers, teaching staff and, in particular, Year 3, 4, 5, 7 and 8 teachers.  Members may find the factors set out below a useful checklist in considering whether the optional and progress tests bring additional bureaucratic burdens.  The factors are:

* whether staff consider that the tests will bring educational benefits;

* whether implementation is consistent with existing school policies and practice on assessment;

*whether it would be appropriate to release sufficient school personnel to undertake responsibilities for test administration and marking;

* whether sufficient accommodation can be found within the school to implement the tests alongside other demands on space, including other internal and external testing and examination arrangements;

* whether any benefit which might be accrued from implementing the tests would be sufficient to warrant the loss of teaching time; and

* whether existing responsibilities allocated to teachers can be replaced by identified time for implementing and marking the tests.

131. Where the above criteria are not met, the NUT will support members who do not wish to carry out the optional and progress tests.

132. Where optional tests take place, NUT members should not be expected to mark the tests unless sufficient time has been allocated within their schools’ timetabled teaching day, to enable marking to take place without members receiving additional workload.  NUT members should also not be expected to use the optional and progress tests in addition to similar tests devised within the school.

133. The Qualifications and Curriculum Authority (QCA) sends schools in England a minimum number of copies of the optional tests, with the advice that they can photocopy the materials or purchase additional copies from the QCA.  Under the relevant provision within the 2005 School Teachers’ Pay and Conditions Document (paragraph 73.12.3 of Section 2), teachers are protected from being required to carry out bulk photocopying.  See paragraphs 105-106 on Administration and Clerical Tasks for further information.

“Booster”, Revision and Other Additional Programmes

134. Decisions on the use of ‘catch-up’ programmes should arise from consultation with teaching staff on the specific learning needs of relevant pupils.  Decisions on whether the ‘catch-up’ programmes are appropriate for pupils who speak English as an additional language, for example, should involve appropriate staff, such as Language Support teachers.  See Section 1 on ‘Teachers’ Working Time’

135. NUT members should not be required to teach ‘catch-up’ programmes at lunchtimes, during morning sessions, before the start of the school day, during twilight sessions or during school hours where this represents an increase in their number of contact hours.

136. In addition, schools in England have been encouraged by the Government to establish Easter school for pupils, particularly for “borderline” pupils.  The NUT points out that participation by teachers is entirely voluntary.

National Curriculum Assessment in Wales

Key Stage 1 Tests

137. End of Key Stage 1 tests were abandoned in November 2001.

Key Stage 2 and 3 Tests in Wales

138. Key Stage 2 tests are no longer statutory in Wales.  The tests are provided to schools on a non-statutory basis, supported by arrangements to externally mark the tests, where schools wish this to be done.  Arrangements will also be made to provide optional tests in 2006, but external marking will not be offered to schools.  A new style of test, which focuses on skills, will be developed and introduced in Year 5.

139. At Key Stage 3, the tests will become non-statutory.  In 2006 only, optional external marking will be available for the statutory tests.

140. The NUT believes that decisions on the use of optional tests should be a matter for consultation between head teachers and teaching staff.  For the criteria to be followed, see the section above on Optional and Progress Tests in England.  Where the tests are used, following consultation with staff, NUT members should not be expected to mark the tests unless adequate and specific time has been allocated within the school timetable with the appropriate cover.

141. Statutory Teacher Assessments will remain at the end of Key Stage 2. In Key Stage 3, they take place a term earlier and will be accompanied by the new moderation and accreditation arrangements.  In both Stages, an additional INSET day to enable teachers to familiarise themselves with the new arrangements will be made available in 2005/06 and 2006/07.

142. The NUT is concerned that workload may increase as a result of establishing the new arrangements.  Teachers, however, have already had a decade of experience in making assessments based on ‘best fit’ professional judgements against the National Curriculum scale, and in doing so have had access to materials produced by ACCAC to promote consistency.  In proposing to abolish the tests, the Minister and the Daugherty Review Group recognised that teachers’ judgements are consistent.

143. Members are advised that all professional development relating to the changes in National Curriculum assessment should take place during working time, with cover provided as necessary.  NUT members should not be required to attend such training outside schools hours.


144. NUT members should not be asked to cover for others who are released for training unless either the time lost is compensated for elsewhere in the school timetable in the same week or there is agreement on other arrangements.  Where difficulties arise, advice and support should be sought from the NUT.

The Foundation Stage in Wales

145. The Foundation Stage in Wales encompasses pupils from age 3 to age 7.  It is based on a less formal approach to learning through practical play.  The intent, as it develops, is to introduce it nationally on a ten-year rolling programme.

146. The development of new assessment arrangements, especially the skills tests for Year 5, will be taking this development into account.

Class Sizes

147. The NUT’s policy objectives and aspirations with regard to class sizes which it regards as educationally desirable are set out in the NUT’s Minimum Staffing Establishment policy.  This is available in the Conditions of Service Section of the Union’s website at www.teachers.org.uk. The NUT has also set figures for class sizes which it regards as excessive and requiring reduction.

Excessive Class Size

148. All teachers are aware of the impact of large classes on their overall workload.  Support is available from the NUT for negotiations to reduce class sizes.  Where such negotiations are not successful, industrial action will be considered by the NUT if the class sizes exceed the limits set out below.

* 26 pupils in the case of nursery classes with one teacher supported by an appropriately qualified nursery assistant.

* 27 pupils in the case of reception classes.

* 24 pupils in the case of mixed age classes.

* 20 pupils in the case of practical classes.

* 15 pupils in the case of classes of pupils needing particular small group or individual attention.

* 30 in other cases.

Changes to School Session Times

149. In England, governing bodies of community, voluntary controlled or community special schools are obliged to follow the procedure set out in the Session Times (England) Regulations if they wish to make changes to the time of school sessions.

150. Under these regulations, the governing body is required to consult all teaching and non-teaching staff at the school, as well as the head teacher and local authorities before taking any further steps.

151. Where a governing body is proposing changes which effect the times at which the school day begins or ends, then the governing body must give at least 3 months’ notice to parents and staff and the change can take effect from the beginning of the school year.  Where a proposed change affects only the time of the end of the morning sessions, or the start of the afternoon session, consequently affecting the length of the lunch break, the governing body only has to give 6 weeks’ notice and the change can take effect from the beginning of any term.

152. Where any proposals are put forward which will lengthen the working day for teachers’ there will clearly be workload implications.  Teachers may lose part of their lunch break (see paragraph 32-35) or there may be implications in terms of total directed time worked (see paragraph 16).  In such circumstances, support from divisions or regional offices/NUT Cymru will be available.

SECTION 4 - CONCLUSION

153. Wherever necessary the NUT will act to ensure that these guidelines are applied and to protect members from excessive workload demands.  Members in England experiencing problems, whether on an individual or whole school basis, are advised to contact their NUT division, or regional office.  Members in Wales should contact NUT Cymru.  Where issues cannot be resolved through negotiation and where there is sufficient support among members in any school, the NUT will not hesitate to ballot members for industrial action.