The Department for Education has published final guidance for the application of the Agency Workers Regulations 2010 (“AWR”) on supply teachers and other teaching and support staff.
It is available by clicking here
The revised guidance provides some assistance in the question of ‘who is the hirer’ although it still leaves areas of uncertainty which the tribunals will have to resolve, especially where doubt remains as to which entity ‘supervises and directs’ the work being done. For example this could be the school itself or the Local Education Authority for the area the school is in.
In addition it does not address the operation of a Regulation 10 contract (the ‘Swedish Derogation’) with respect to teachers and other workers operating within the academic year.
Lawspeed can advise you on all aspects of the AWR. In addition, we are running an informative seminar on the AWR in London on 13th September 2011. Please call us for further assistance on 01273 236 236 or for details about the seminar please click here.