Advice on Teaching agency work?

[chriswood_7]

Hey guys,

Bit of a mini rant here, im absolutely disgusted at the way my girlfriend has been treat during her work as a supply teacher.

She works for a large education agency, and is being told she is not being paid. Basically in a nut shell, she has worked at this school since a week Monday (equating to 8 full days of agency work) and yesterday she was told by the school administration that they no longer required her services as the children "were out of control" for last few days under her. Now she qualified recently as an NQT and hasnt really got that much experience (other than PGCE placements and the last 5 months working in Supply) but she has never had any complaints up to now.

The school have now turned round and told the agency that they are not paying for any of the time she has spent teaching at the school, even though she was doing a good enough job for them last week. Now, im sorry, but im my opinion they have no right to do that. It states in her contract that unless the agency get paid, she doesnt get paid. What sort of a clause is that? She wouldnt even be doing supply if she had a full time post, but as many NQT's find there just arent any jobs around, and ones that do turn up get 500 applicants

Obviously right now, she is pretty distraught at the thought of her getting a bad reputation, but this all boils down to money to me. The agency owe her just under £800 for the time she has worked so far, and im damned not letting them get away with not paying.

Has anyone got any experience of this type of thing? Any teachers/supply/NQT roam these parts?

Rant over, I just wish I could actually step in in this one, but I cant

Thanks all

[ikonia]

why did she sign a contract that says if the agency don't get paid she doesn't ?

Why are the agency not getting paid ? have they questioned her work other than ability to control the kids ?

The blunt of it is, the school are saying shes not up to it and basiclly firing her, if your fired with backup (proof of substandard services/out of control kids etc) then i'm afraid thats about it.

[TiG]

The Law on Employment Agencies

Employment agencies must comply with the minimum standards of conduct set by the Employment Agencies Act 1973 and regulations.

If you are a worker:

*
An agency must not charge for finding or trying to find you work (with some exceptions, mainly in entertainment and modelling)
*
An agency employing you to do temporary work must give you written terms, and must pay you, even if it has not been paid
*
An agency which collects your pay from an employer must pass it to you within ten days, unless you request otherwise. Normally this only applies to entertainment and modelling.

The law would indicate otherwise.
http://www.dti.gov.uk/employment/emp...page26998.html

For full link

But supply teacher is definitely temporary work in my opinion, which should mean they have no right not to pay up.

TiG

[ikonia]

well from the sounds of it she's being fired for not being competant - which as I read it if you don't have authorised time sheets or commitment from the employer of "satisfactory work" for the week she did - then they don't have to pay her.

Being fired is the only reason I can think of for withholding pay, and the question is due you want to push the issue for the school to make a formal complaint about her that may follow her, rather than just learn from it for the reasons she was "no longer required"

[chriswood_7]

As far as im concerned, regardless or whether they decided to let her go, she done 8 days of full supposedly satisfactory work. Not one complaint was made about her during that time. If that was the case, then everyone would be doing it.

Working for an agency for two weeks in IT, then on the last day they say "by the way you were crap so were not paying you". SUrely thats against your statutory rights.

She paid to get to and from the school, so now she is not only £800 down, she is also minus the travelling expenses/car depreciation which equates to around 40p/mile (around £8 a day)

[TiG]

I'd be thinking the same as you, i'd be on the phone asking for the money to be paid, using comments like that on the dti web site as arguements for why they should pay me.

If that failed i'd go to citizens advice and see where i stood and then follow advice to take them to the small claims court with the hope of getting them to pay up.

TiG

[ikonia]

Did she have anything in writing to say that her work for the 8 days (not 2 weeks) she did stating that it was satisfactory.

The reason I ask is thats pretty much the "yes i'll pay" sign.

Most temporary work of any kind will provide some sort of time sheet format stating "yes I'm happy with this weeks work". Thats the part I'm asking about - if shes not got anything like that then its shakey ground.

Then the question of how far you want to push it as from a bleak view.

New teacher - little experience - got fired for not being good enough chased 8 days pay when she wasn't good enough - is how it could be painted on her.

[chriswood_7]

8 days pay that she is owed, regardless.

She done the work and no formal complaint was issue until 3 minutes before she was asked to leave. That is the unprofessionalism that this school have portrayed. They didnt tell her equivocally why they didnt require her anymore. They simply said "are you meant to be working here tomorrow?". To which she replied "yes", and they replied "no your not, we dont want you here any more".

Not an explanation. No formal review/grilling. Nothing. They didnt even have the decency to ring the agency to inform them they were unhappy. When she rang them in the car outside, they hadnt heard anything and as far as the agency were concerned she was doing fine.

Thats what gets me. She done nothing but run round for them in that school, she even ran an ICT club during her dinner hour and went without dinner most days. Now that doesnt express an unprofessional attitude.

So as far as im concerned, she rose above and beyond the call of duty. And because they decided one day that too much noise was coming from her classroom, she couldnt control the kids and was dismissed.

She has no evidence that she was doing a good job, but they dont have any evidence that she was doing a bad job in the first 8 days.

[ikonia]

I suspect it will come down to that, she can complain to the agency to query why they are not being paid, and the school will provide evidence of why they where unhappy.

[Thoku]

It doesnt seem possible to me that a company could just call your work crap and be able to get a way without paying you for it.

[ikonia]

seen it happen on temporary employement many times. Hire people that arn't up to the job and they are let go quick sharp, normally get a days pay or so unless they are terrible.

[this_is_gav]

but as many NQT's find there just arent any jobs around, and ones that do turn up get 500 applicants

I can't give any advice or opinions on the immediate matter in hand, but looking at your location, I'm assuming your girlfriend is local to you too.

If she's after getting her feet settled in the job to gain some experience, then you could do much worse than looking north a bit for a middle school. You/she probably knows that Northumberland have recently started phasing in the 2-tier system, and as such middle schools are closing. The way the county-council are doing it is by essentially making redundant all middle school staff, forcing them to reapply for jobs and crossing their fingers. It's a horrible mess, but it's the perfect time for NQTs to get into the job, as more qualified/experienced staff aren't interested in having no chance of any long-term stability.

We've taken on a couple of NQTs in recent years (we only employ 9 teachers... (though a strong helping of teaching assistants)) as they want to get some experience and get on the career ladder. She'd also likely find that kids in Northumberland are a LOT easier to manage than those in the Newcastle area - the further north you go, the easier it gets, excepting perhaps the Ashington and Blyth area.

I work at Seahouses Middle School, and it's a cracking little place. Really, really laid back - seriously, there's barely a need for discipline at all - I can just be myself laughing and joking with the kids as if they were my own.

Even if travelling daily were an issue it need only be for a year or so to get some confidence back, build up a good reputation and take the first major step before heading back to a career nearer Newcastle.

//edit: if she, or perhaps even both of you want to head up for a day and get a feel for the more rural style and see if it would suit her, then feel free to ask. I'm sure I could get the bosses approval quite easily.

[chriswood_7]

Hi there,

Thanks very much this_is)gav, I have read this out to her and that sounds a bit more optimistic compared to what we have been facing this last 5 months.

Id love to come up to Northumberland to get a feel for the area, and I think a rural post would probably suit her down to the ground as she has worked in a few during her supply rounds. I currently work in Sunderland, but I dont think Northumberland is that bad a commute from where we are at present.

Thanks for the advice, hopefully we can get this little episode sorted

[ikonia]

be very interested to see how this pans out, keep us updated if its not too rude to request.

[Hasnath]

Is she part if any of the teaching unions?

even a trainee teacher i've joined the ATL union to keep me covered during my teaching practices.

I'd recommend you should contact them, i've seen loads of supply teachers not being asked to return because they were deemed unsatisfactory however they still get paid.

[this_is_gav]

Thanks very much this_is)gav, I have read this out to her and that sounds a bit more optimistic compared to what we have been facing this last 5 months.

Id love to come up to Northumberland to get a feel for the area, and I think a rural post would probably suit her down to the ground as she has worked in a few during her supply rounds.

Should I be having a word with the boss on Tuesday week (5th June as next week is the Whit half-term holidays) and see if we can come up with a potential visit?

Don't getting any hopes raised about there being any potential for a placement at Seahouses itself, but as you say it'll give her a feel for what the area's about.