Employing Tutors Guidance

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One to One Tuition

Employing Tutors

Qualifications

A Tutor employed to provide one to one tuition should:

have qualified teacher status (QTS); or,

be an NQT in the summer before gaining QTS; or

be an overseas trained teacher qualified to teach in schools in England: o European Economic Area teachers qualified in their home Country: and/or, o Other overseas qualified teachers engaged as unqualified teachers in England for less than 4 years and who are currently working in a maintained school (ie for whom tuition is ‘supplementary employment’)

Be an FE or HE trained teacher with appropriate subject qualifications.

Schools may engage tutors:

who already have a teaching contract with your own school;

who already have a teaching contract with another school;

who are not currently employed;

through a supply or private tutor agency.

Safeguarding

Schools should ensure all normal employment checks are carried out on tutors

Tuition may take place in school, at another location or in the pupil’s home. Clearly, schools must protect staff and pupils and should discuss tuition arrangements with staff, parents and pupils and undertake appropriate risk assessments. All tutors should receive a full induction, particularly around safeguarding, health and safety and behaviour management.

Workload issues

Schools are obliged to have regard to employees ’ work life balance and to ensure that additional work will not impact on their health or their performance in their main job where applicable. Teachers are required to seek permission from their home school to undertake external employment.

Where a school wishes to support tuition for its own pupils and/or for its teachers to be tutors, consideration may be given to reviewing directed time to facilitate reasonable opportunities for staff to have breaks between the normal school day and after school tuition.

Terms, Conditions, Pay and Contracts

Terms and conditions

Tutors engaged directly by schools are acting as teachers and are therefore bound by the

Teachers’ Pay & Conditions Document.

Contracts

Tutors should be issued with a contract when they start and this will serve for all future tuition.

Where subsequent pupils are allocated, the school need only confirm this further allocation in a brief letter.

Tutors may be engaged to work across a number of schools. In such cases the contracts should include the name of any school at which the tutor may be required to work.

April 2015

One to One Tuition

Full- or part-time teacher tutoring outside of the normal school day at own school

Pay:

Tutors should be paid an ‘Out of school Learning Activity Allowance’. The school should determine the hourly rate. (National rate was £25.82 in Sept 13)

Payment : Actual hours worked should be claimed in the usual way for additional hours stating £xx.xx per hour as the payment rate.

Essex Payroll use Code ED5.

Pension: Such allowances are pensionable.

Contract: A model letter is attached (Appendix A).

Other: Amend HR Model Pay Policy Section 10.1.3 as follows:

 The hourly rate will be £xx.xx

Payments as outlined above will be paid to tutors under the One to One

Tuition programme

Full- or part-time teacher tutoring outside of the normal school day at another school to their own or

Tutoring as only employment outside of the normal school day

Pay: Tutor should be paid at an hourly rate determined by the school. (National rate was £25.82 in Sept 13)

Payment : Set up on payroll as relief worker. Actual hours worked should be claimed in the usual way for additional hours.

Essex Payroll use Code ED5 (pensionable) – see below

Pension: Teachers in the Career Average Pension Scheme

 all hours pensionable in Teachers’ Pension Scheme

Teachers in Final Salary Pension Scheme

Part-time Teachers – Teachers Pension Scheme up to full time hours then

Local Government Scheme for any additional hours

Full Time Teachers - eligible to join Local Government Pension Scheme for

Tuition work.

Contract: Model letter is attached (Appendix B).

Part-time teacher tutoring during the school day at any school or

Tutoring as only employment during normal school day

Pay: Salary should be assessed in accordance with TPCD.

Payment : Tutoring at own school - Actual hours worked should be claimed in the usual way for additional hours.

Tutoring at another school or only employment - Set up on payroll as relief worker and claim in the usual way for hours worked.

Essex Payroll use Code ED5 (pensionable) – see below

Pension: Teachers in the Career Average Pension Scheme

 all hours pensionable in Teachers’ Pension Scheme

Teachers in Final Salary Pension Scheme

Part-time Teachers – Teachers Pension Scheme up to full time hours then

Local Government Scheme for any additional hours

Full Time Teachers - eligible to join Local Government Pension Scheme for

Tuition work.

Contract: Model letter is attached (Appendix c).

April 2015

One to One Tuition

Retired Teachers

Some teachers who are in receipt of their pension may incur abatement or cessation of their pension benefits if they undertake one to one tuition. Teachers should verify the position with

Teachers’ Pensions 0845 6066166. Teachers in receipt of ill-health benefits should also seek advice about whether they are permitted under the terms of their retirement to undertake this employment.

Pupil non-attendance

Schools will want to have agreements with pupils and parents about attendance at tuition sessions and may want to make continued tuition dependent upon regular attendance. There will be occasions however when a pupil is unable to attend and the school should be clear in the offer letter whether the tutor will be paid for planned session which the pupil fails to attend or whether it is expected that these session will be re-arranged.

Agency tutors

Where a school uses an agency for the provision of tutors, there is no contractual relationship between the school and the tutor. Schools will however wish to seek reassurances from the

Agency that the same tutor will provide all of the tuition for each individual pupil.

The Essex tuition website contains details of Agencies which have agreed to meet the funding parameters.

If an Agency tutor is engaged, schools must follow the usual safe recruitment guidance for any

Agency staff to ensure all the checks have been carried out by the agency. The school should undertake its own identity check. (see HR Guidance on pre-employment checks)

Self-employed tutors

The rules on self-employed status are very complex and schools should consult financial guidance to ensure any arrangements they enter into are sound.

Schools should ensure that all safe recruitment checks are carried out in respect of selfemployed tutors. (see HR Model Recruitment Policy)

April 2015

One to One Tuition

APPENDIX A: LETTER FOR FULL- OR PART-TIME TEACHER TUTORING OUTSIDE

OF THE NORMAL SCHOOL DAY AT OWN SCHOOL

Dear «Title» «Surname»

«ENGLISH/MATHS»

TUTORING

School:

Thank you for agreeing to work as a Tutor for the One to One Tuition Programme.

Initially you have been allocated [ insert number ] pupils. Further allocations may be made by agreement between the tutor and the school and will be confirmed in writing. However, funding for each pupil is from a central budget and there is no obligation on the school to allocate further pupils for tuition and no obligation on you to accept them.

Where pupils are allocated for tuition, you will work and be paid for 12 hours per allocated pupil and this will consist of 10 hours pupil contact time and up to 2 hours preparation and liaison time.

Hours will be worked beyond the normal school day. The actual timing of these hours is by agreement with the headteacher.

You will be paid an Out of School Learning Activity Allowance of £ xx.xx

per hour for hours worked. Your hourly rate is inclusive of a payment for annual leave. Due to the nature of your employment, your holiday entitlement will be deemed to be taken at times when tutoring is not taking place. Payments are pensionable and are subject to the usual deductions.

Payment will be made monthly in arrears for actual hours worked only. Your first payment may be made at the end of the second month after your first tuition.

Where it becomes clear that there is no further work available under this arrangement we will endeavour to give you at least one week’s notice of the termination of the arrangement.

Similarly, should you be unavailable for any further work we would hope that you would give at least one week’s notice to the headteacher.

The Governing Body is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects you to share this commitment by complying with national standards and School policy. It is a requirement of undertaking tuition that you have a valid CRB check and you will be expected to undertake the Tutor Induction training.

The general duties and professional respon sibilities of tutors are covered by the Teachers’ Pay &

Conditions Document. You are also bound by the policies and procedures of the Governing

Body, copies of which are available from the headteacher. If you have a grievance relating to your employment you should discuss the matter initially with your immediate line manager.

Further steps are governed by the Grievance Procedure. The disciplinary rules that are applicable to you are contained in the Disciplinary Procedure. There is no entitlement to sick pay or maternity, paternity etc benefits in respect of this work.

April 2015

One to One Tuition

Where reasonable notice is given that a pupil will not attend a planned session, it is expected that the session will be re-arranged and no payment will be paid for the missed session.

( school to amend or delete if other arrangements agreed )

If you have any queries relating to this letter, please do not hesitate to contact me.

If you wish to accept this offer, I should be grateful if you would kindly sign the statement at the foot of the copy of this letter and return it to the Headteacher as soon as possible.

Yours sincerely

Headteacher

I accept the appointment described in this letter on the terms and conditions indicated in the letter, of which the foregoing is a true copy.

Date .................................... Signature ...........................................................................

April 2015

One to One Tuition

APPENDIX B: LETTER FOR

FULL- OR PART-TIME TEACHER TUTORING OUTSIDE OF THE

NORMAL SCHOOL DAY AT ANOTHER SCHOOL TO THEIR OWN

TUTORING AS ONLY EMPLOYMENT OUTSIDE OF THE NORMAL

SCHOOL DAY

Dear «Title» «Surname»

«ENGLISH/MATHS»

TUTORING

School:

Thank you for agreeing to work as a Tutor for the One to One Tuition Programme.

Initially you have been allocated [ insert number ] pupils. Further allocations may be made by agreement between the tutor and the school and will be confirmed in writing. However, funding for each pupil is allocated from a central budget and there is no obligation on the school to allocate further pupils for tuition and no obligation on you to accept them.

Where pupils are allocated for tuition, you will work and be paid for 12 hours per allocated pupil and this will consist of 10 hours pupil contact time and up to 2 hours preparation and liaison time.

Hours will be worked beyond the normal school day. The actual timing of these hours is by agreement with the headteacher.

You will be paid at the rate of £25.82 per hour for actual hours worked only. Your hourly rate is inclusive of a payment for annual leave. Due to the nature of your employment, your holiday entitlement will be deemed to be taken at times when tutoring is not taking place.

If you are protected in the Final Salary Teachers’ Pension Scheme, you cannot pay into the

Teachers’ Pension Scheme for hours above full time and so will be entered into the Local

Government Pension Scheme (LGPS) for hours in excess of full time (taking account of all contracts held). You can opt out of the LGPS if you wish to do so by completing the opt-out form obtainable from http://www.essexpensionfund.co.uk

.

If you are in the Career Average Teachers’ Pension Scheme all of your hours are pensionable in the Teachers’ Pension Scheme. You can opt out of the Teachers’ Pension Scheme if you wish to do so by completing the opt-out form obtainable from http://www.teacherspensions.co.uk

.

You should verify your position with Teachers

’ Pensions.

Payment will be made monthly in arrears for actual hours worked only. Your first payment may be made at the end of the second month after your first tuition.

Where it becomes clear that there is no further work available under this arrangement we will endeavour to give you at least one week’s notice of the termination of the arrangement.

Similarly, should you be unavailable for any further work we would hope that you would give at least one week’s notice to the headteacher.

The Governing Body is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects you to share this commitment by complying with national standards and School policy. It is a requirement of undertaking tuition that you have a valid CRB check and you will be expected to undertake the Tutor Induction training.

April 2015

One to One Tuition

The general duties and professional responsibilities of tutors are covered by the Teachers’ Pay &

Conditions Document. You are also bound by the policies and procedures of the Governing

Body, copies of which are available from the headteacher. If you have a grievance relating to your employment you should discuss the matter initially with your immediate line manager.

Further steps are governed by the Grievance Procedure. The disciplinary rules that are applicable to you are contained in the Disciplinary Procedure. There is no entitlement to sick pay or maternity, paternity etc benefits in respect of this work.

Where reasonable notice is given that a pupil will not attend a planned session, it is expected that the session will be re-arranged and no payment will be paid for the missed session.

( school to amend or delete if other arrangements agreed )

If you have any queries relating to this letter, please do not hesitate to contact me.

If you wish to accept this offer, I should be grateful if you would kindly sign the statement at the foot of the copy of this letter and return it to the Headteacher as soon as possible.

Yours sincerely

Headteacher

I accept the appointment described in this letter on the terms and conditions indicated in the letter, of which the foregoing is a true copy.

Date .................................... Signature ...........................................................................

April 2015

One to One Tuition

APPENDIX C: LETTER FOR

PART-TIME TEACHER TUTORING DURING THE SCHOOL DAY AT

ANY SCHOOL

TUTORING AS ONLY EMPLOYMENT DURING THE SCHOOL DAY

Dear «Title» «Surname»

«ENGLISH/MATHS»

TUTORING

School:

Thank you for agreeing to work as a Tutor for the One to One Tuition Programme.

Initially you have been allocated [ insert number ] pupils. Further allocations may be made by agreement between the tutor and the school and will be confirmed in writing. However, funding for each pupil is allocated from a central budget and there is no obligation on the school to allocate further pupils for tuition and no obligation on you to accept them.

Where pupils are allocated for tuition, you will work and be paid for 12 hours per allocated pupil and this will consist of 10 hours pupil contact time and up to 2 hours preparation and liaison time.

Hours will be worked during the normal school day. The actual timing of these hours is by agreement with the headteacher.

You will be paid at the rate of £[ teacher’s normal hourly rate ] per hour for actual hours worked only. Your hourly rate is inclusive of a payment for annual leave. Due to the nature of your employment, your holiday entitlement will be deemed to be taken at times when tutoring is not taking place.

If you are protected in the Final Salary Teachers’ Pension Scheme, you can pay into the

Teachers’ Pension Scheme for hours up to one full time equivalent (taking account of all contracts held) and for any additional hours you will be entered into the Local Government

Pension Scheme (LGPS) for hours in excess of full time. You can opt out of the LGPS if you wish to do so by completing the opt-out form obtainable from http://www.essexpensionfund.co.uk

.

If you are in the Career Average Teachers’ Pension Scheme all of your hours are pensionable in the Teache rs’ Pension Scheme. You can opt out of the Teachers’ Pension Scheme if you wish to do so by completing the opt-out form obtainable from http://www.teacherspensions.co.uk

.

You should verify your position with Teachers’ Pensions.

Payment will be made monthly in arrears for actual hours worked only. Your first payment may be made at the end of the second month after your first tuition.

Where it becomes clear that there is no further work available under this arrangement we will endeavour to give you at least one week’s notice of the termination of the arrangement.

Similarly, should you be unavailable for any further work we would hope that you would give at least one week’s notice to the headteacher.

The Governing Body is committed to safeguarding and promoting the welfare of children, young people and vulnerable adults and expects you to share this commitment by complying

April 2015

One to One Tuition with national standards and School policy. It is a requirement of undertaking tuition that you have a valid CRB check and you will be expected to undertake the Tutor Induction training.

The general duties and professional responsibilities of tutors are covered by the Teachers’ Pay &

Conditions Document. You are also bound by the policies and procedures of the Governing

Body, copies of which are available from the headteacher. If you have a grievance relating to your employment you should discuss the matter initially with your immediate line manager.

Further steps are governed by the Grievance Procedure. The disciplinary rules that are applicable to you are contained in the Disciplinary Procedure. There is no entitlement to sick pay or maternity, paternity etc benefits in respect of this work.

Where reasonable notice is given that a pupil will not attend a planned session, it is expected that the session will be re-arranged and no payment will be paid for the missed session.

( school to amend or delete if other arrangements agreed )

If you have any queries relating to this letter, please do not hesitate to contact me.

If you wish to accept this offer, I should be grateful if you would kindly sign the statement at the foot of the copy of this letter and return it to the Headteacher as soon as possible.

Yours sincerely

Headteacher

I accept the appointment described in this letter on the terms and conditions indicated in the letter, of which the foregoing is a true copy.

Date .................................... Signature ...........................................................................

April 2015

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