Lockdown happened really quickly last Tuesday and caught everyone unawares, even the Government. Many supply staff are now out of work and will be wondering where their next bit of money is coming from. In this post, The Supply Network will try to cover all of the possibilities with links to the relevant documents.

Where do you attempt to secure income? Agency, Furlough or School?

Your main emphasis should always be to approach your school first, before you attempt to get furloughed by the agency/umbrella/payroll company. In light of recent letters sent to the government by the REC, the professional body of the agencies, there is still doubt as to how many supply teachers will be furloughed. The Government’s view is that the schools have not had their budgets cut and will continue to be funded in expectation of paying their supply teachers. The government do not expect to have to fund supply teachers again through Furloughing and the Benefit system, unless necessary. The Heads Unions, NAHT and ASCL, are supporting the NEU and NASUWT in this view.

1.            If you have worked more than 12 weeks (at least one day in any given week counts but not school holidays) then you have some protection under the Agencies Workers Regulations (AWR 2010) and should be treated the same as permanently employed staff. The school should continue to pay and engage you.

2.            If you are a number of weeks into a ‘long term engagement’, the contract should continue to be honoured and paid via the school.

3.            If you were pre-booked for a ‘defined engagement’ prior to the lockdown, this should continue to be honoured.

4.            If you work regularly, direct for a school, LEA or MAT, you should continue to be paid as an          average of the work you normally do.

5.            If your ‘defined engagement’ has been cancelled, under the previous lockdown rules   (procurement note 02/20), you should be re-engaged at 80% of your pay rate. This isn’t called ‘furloughing’ but was meant to have the same impact.

6.            If none of these apply, then furloughing from your agency/payroll company will hopefully           apply.

7.            There is also then benefits and grants that are available.

Going Into Work

Some schools are still open for key worker and vulnerable children. However, the definition for which children are classed in these categories has broadened, so much that some schools are still quite full.

While that might provide more opportunities for work, it also risks school safety too. If you are offered work and wish to go into school, just make sure that you keep yourself as safe as possible. The NEU have created a Check list (click here) to make sure your workplace is as safe as possible. If you are concerned about safety, contact the local union Branch for urgent advice.

Long Term Work Assignments

If you were on a ‘live’ work assignment from before Christmas or were supposed to start one at the beginning of term or start a new long term/short term assignment during the lockdown period, then according to the Government:

The DfE advice, which states that “where schools have terminated contracts with contingent workers due to coronavirus (COVID-19) earlier than the original terms set out … schools should reinstate these contracts on the terms previously agreed”, can be found here.

According to the DfE, the Local Government Association (see here), the NAHT and ASCL and the NEU, if you are on a long term placement or were about to begin a long-term placement during the lockdown period, then that contract should be honoured and paid in full: you have no need to be furloughed.

If you were in a long term placement from before Christmas or were just about to start a new placement after Christmas and they were cancelled last week, use this letter from the NEU (amend if not NEU):

Dear [NAME OF HEADTEACHER],

I am writing to you about my engagement with [NAME OF SCHOOL/COLLEGE].

I am very pleased to be working with you and have very much enjoyed my work so far.

I have been working with you since [DATE].  The engagement is a long term one and it was agreed that the placement will last until [DATE].   On the basis of this commitment, I have not taken up offers of work in other schools. 

I have now been informed, however, that my engagement has been terminated early.

My union, the NEU, has advised me to contact you regarding my position. The DFE’s formal advice to schools and colleges is that they have a responsibility to protect the livelihood of all education staff who have been engaged to provide an ongoing service to them.  They should treat supply staff engaged to work at the school in the same way as permanent staff and continue to pay them for the duration of the engagement.  Their employment will have been budgeted for, from public funding which has not been reduced or withdrawn.  This advice is strongly supported by the NEU and by ASCL and NAHT.

The DfE advice, which states that “where schools have terminated contracts with contingent workers due to coronavirus (COVID-19) earlier than the original terms set out … schools should reinstate these contracts on the terms previously agreed” [https://www.gov.uk/government/publications/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care].

As I have been engaged with the expectation that my employment will continue until [DATE], I am asking you to confirm you will treat me in the same way the school is required to treat permanent staff in relation to pay and working conditions and in particular to continue to pay me until the expected end of my engagement.  

I would be very grateful if you could send me your response by email within 24 hours, in order that I can discuss the position with my local NEU representative.

Thank you for reading my email today.

With very best wishes.

Yours sincerely,

[INSERT NAME]

If you are at a school and they are just, at the moment, talking about whether you will still be needed, send in this letter (amend if not NEU):

Dear [NAME OF HEADTEACHER],

I am writing to you about my engagement with [NAME OF SCHOOL/COLLEGE].

I am very pleased to be working with you and have very much enjoyed my work so far.

I have been working with you since [DATE].  The engagement is a long term one and it was agreed that the placement will last until [DATE].   On the basis of this commitment, I have not taken up offers of work in other schools. 

I am concerned, however, that it is possible that my engagement may now be terminated early.

My union, the NEU, has advised me to contact you regarding my position. The DFE’s formal advice to schools and colleges is that they have a responsibility to protect the livelihood of all education staff who have been engaged to provide an ongoing service to them.  They should treat supply staff engaged to work at the school in the same way as permanent staff and should continue to pay them for the duration of the engagement.  Their employment will have been budgeted for, from public funding which has not been reduced or withdrawn.  This advice is strongly supported by the NEU and by ASCL and NAHT.

The DfE advice, which states that for live assignments “schools should continue to pay these workers from their existing school budgets and not furlough them” [https://www.gov.uk/government/publications/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care].

As I have been engaged with the expectation that my employment will continue until [DATE], I am asking you to confirm you will treat me in the same way the school is required to treat permanent staff in relation to pay and working conditions and in particular to continue to pay me until the expected end of my engagement. 

I would be very grateful if you could send me your response by email within 24 hours, in order that I can discuss the position with my local NEU representative.

Thank you for reading my email today.

With very best wishes.

Yours sincerely

[INSERT NAME]

If you are employed directly by your school and it is looking like they will terminate your contract, then send in this letter (amend if not NEU):

Dear [NAME OF HEADTEACHER],

I am writing to you about my regular supply work with [NAME OF SCHOOL/COLLEGE].

I am very pleased to be working with you and have very much enjoyed my work so far.

I am, of course, concerned, however, that the current situation may lead to a reduction or removal of the opportunity of further work.

My union, the NEU, has advised me to contact you regarding my position. The DFE’s formal advice to schools and colleges is that they should protect the livelihood of all education staff who are providing an ongoing service to them.  They should support supply staff who have been directly engaged by the school on a regular basis in the same way as the national furlough scheme supports other employees who are temporarily unable to work.  Their employment will have been budgeted for, from public funding which has not been reduced or withdrawn.  This advice is strongly supported by the NEU and by ASCL and NAHT.

The DfE advice, which advises that “where … work is no longer needed due to coronavirus (COVID-19), we encourage schools to pay the staffer at 80% of their typical pay” [https://www.gov.uk/government/publications/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care/coronavirus-covid-19-financial-support-for-education-early-years-and-childrens-social-care?fbclid=IwAR1CoMm_Z1PPtnG4AAUbMLq5WHQznilWr5nPxj3LiZ0ghY06yTsjGwZn-P0″ \l “sector-specific-guidance].

As I have been engaged on a regular basis by you since [DATE], I am asking you to confirm you will treat me as recommended by the DFE advice in relation to payment. 

I would be very grateful if you could send me your response by email within 24 hours, in order that I can discuss the position with my local NEU representative.

Thank you for reading my email today.

With very best wishes.

Yours sincerely

[INSERT NAME]

Furlough

The current furlough scheme is called the Flexible Furlough Scheme: it was designed to get people back into work and off furlough. To this end, unlike the old furlough scheme, you can work and be furloughed by the same employer. As with the old furlough scheme, you can be furloughed by multiple employers and you can work for one employer while being furloughed by another.

To qualify for furlough, you need to have been paid either wages, holiday pay or a furlough payment by the employer between the 20^th March and the 30^th October 2020. If that is the case, then you qualify. If your agency say you don’t qualify, use the (HMRC Digital Assistant) to verify that you qualify and then screenshot the proof and send to your agency.

As you are probably aware, furlough is voluntary: the employer can choose to furlough you or not, that is their decision. In Lockdown 1, only 40% of eligible supply staff were furloughed. The Supply Network think that furlough should be made mandatory for education supply staff and we suggest you write to your MP and ask them to bring it up in parliament. The model letter can be found (here).

The Flexible Furlough Scheme is different to the furlough scheme introduced last year during Lockdown 1. There is more money for the employer to contribute to the scheme: notably Employer’s National Insurance and Employer’s Pension contributions. Because of this, many agencies are not furloughing this time or are saying they won’t furlough until the scheme is changed back to be like the furlough scheme in Lockdown 1. Letters have already been sent to the Secretary of State for Education (Gavin Williamson) and the Chancellor (Rishi Sunak) from the REC (see here), the FCSA (see here) and the NEU, all asking for the rules of the scheme to be changed.

So far, these agencies have agreed to furlough:

If you have asked for furlough and your agency/umbrella company have said no, then this is a model letter which you can send to your agency/umbrella company. It is from the NEU, so if you are with another union or no union, then you can adapt it as you see fit:

Dear [NAME OF AGENT/BRANCH MANAGER/AGENCY],

I am writing to request that you take advantage of the financial assistance available from the Government and place me on furlough.

We are now in a position similar to that in March 2020 with the vast majority of schools closed. As a result, assignment opportunities will, once again, be few and far between.

Under the extended furlough scheme, furloughing can be flexible, so utilising the scheme will not prevent you from offering me suitable assignments, nor I from accepting them.

I do appreciate that under the extended scheme you are required to pay the employer’s national insurance and, where applicable, the employer’s pension contributions but given the financial gains you have made in the past as the result of our relationship, I trust you will agree that this is a very small amount. Whereas securing 80% of my normal salary has a huge impact on me.

Many supply educators are leaving the profession because current levels of work are making life financially unsustainable. Hopefully, however, and in the not too distant future, normal life will resume. Therefore, I urge you to make the claims under the CJRS necessary to provide some financial assistance to your supply staff now and ensure they are available to work for you once the number of assignments available returns to pre-coronavirus levels.

If you are not prepared to furlough me, I would be most grateful if you could kindly explain why you feel it is not appropriate.

Yours sincerely

[INSERT NAME]

Grants/Benefits

If you cannot manage to remain employed in your long-term placement or get furloughed by your agency/umbrella company, then you may need to apply for benefits or grants.

The financial support available for a supply teacher who cannot work depends on the individual’s situation. As well as state benefits that you may be eligible to claim, there are also several Union and charity grants available.

Even if you manage to get furloughed but you are struggling financially, it is worth reading the charity grants section below and do a benefits calculation to check your eligibility for state benefits:

Benefits Calculator

BENEFITS

Statutory sick pay

If you are employed (school direct, agency or payroll company) and have to take time off work due to self-isolation, you could be eligible for Statutory Sick Pay (£95.85 per week) from the first instance, if you meet the criteria:

You need to meet the criteria:· be classed as an employee (also applies to some other types of workers) and have worked for your employer, earning an average of at least £120 per week, over the previous 8-week period. From the employer’s point of view, have been ill, self-isolating or ‘shielding’ for at least 4 days in a row (including non-working days). Application for SSP is via your employer and needs to be applied for within 7 days of starting self-isolation.

https://www.gov.uk/statutory-sick-pay/eligibility

Note:· You must usually tell your employer you are unable to work before the deadline they set (or within 7 days if they have not set one).· You could lose some of your SSP if you do not tell your employer.· If you’re self-isolating and cannot work because of coronavirus, you can get an ‘isolation note’ online from NHS 111 

https://111.nhs.uk/isolation-note/·

You can qualify for sick pay from more than one job.· If you have more than 3 months prior employment (at any point) with the employer, SSP entitlement will continue for the whole of the period of self-isolation.· If you have less than a 3 months period of employment with the employer, SSP entitlement will continue to the end of any assignment you had agreed to work.

https://www.gov.uk/…/statutory-sick-pay-how-different…

If an employee is not eligible or their SSP ends

If you do not meet the criteria for Statutory sick pay, you may be able to apply for Universal Credit https://www.gov.uk/universal-credit or Employment and Support Allowance (ESA – up to £74.35 per week) https://www.gov.uk/employment-support-allowance/eligibility. To support your claim, you will need a SSP1 form https://www.gov.uk/…/statutory-sick-pay-employee-not…

Test and trace support payment

If you are told to self-isolate after 28 September 2020, you are under a legal obligation to do so and could be eligible for a £500 Test and Trace Support Payment if you live in England and meet all the following criteria:

· You have been told to stay at home and self-isolate by NHS Test and Trace, either because you have tested positive for coronavirus or have recently been in close contact with someone who has tested positive.

· You have an 8-digit code from NHS Test and Trace.

· You are currently employed (school direct, agency or payroll company).

· You are unable to work from home and will lose income as a result of self-isolating.

· You are currently receiving at least one of the following: Universal Credit, Working Tax Credit, income-based Employment and Support Allowance, income-based Jobseeker’s Allowance, Income Support, Housing Benefit, Pension Credit.

If you do not fulfil the above criteria for the Test and Trace Support Payment, you could be eligible for a £500 discretionary payment if you live in England, subject to meeting set criteria. Application via unitary authorities and district councils, with NHS Test and Trace 8 digit number, a bank statement and proof of employment.

https://www.gov.uk/…/claiming-financial-support-under…

*****Unfortunately this payment is not available if a supply teacher is ordered by a school (acting on behalf of Public health England) to self-isolate*****

This (ordered by a school) has been challenged in parliament and is awaiting update.

UNION & CHARITY GRANTS: NEU Hardship fund 

The NEU Hardship Fund provides grants to those members with no salary as a result of school closures or those on supply contracts/via agencies and on fixed term contracts that have not been renewed as a result of the Covid-19 crisis.

https://neu.org.uk/neu-hardship-fund

NEU Trust fund give confidential support and financial assistance to members in times of illness or hardship. 

https://neu.org.uk/trust-fund

Education Support Partnership provide counselling and financial assistance to all education staff. 

https://www.educationsupport.org.uk/

Teaching Staff Trust provide financial support when something’s happened that you couldn’t have expected. 

http://www.teachingstafftrust.org.uk/

The Elizabeth Finn Fund (EFF) provides financial assistance for people who are British and have a professional or similar background. 

https://grants-search.turn2us.org.uk/

More shortcuts to grants can be found at https://supplyeducators.wixsite.com/seac/grants

Hopefully this survival pack with give you as many options as possible to survive through this current lockdown. Please apply for more than you require and accept the few that are agreed to be paid. Best of luck and stay safe.