Teaching staff - incl absence, bank staff & zero hours contracts

Summary

The Department of Education, Sport and Culture provided data on teaching staff numbers, absences, and supply teacher usage and costs for February 2016 and February 2017. The response clarified that no staff are employed on 'zero hours' contracts as supply teachers are not considered employees under employment law.

Key Facts

• There were 821 teaching staff (746.76 FTE) as of 1st February 2016.
• There were 838 teaching staff (768.40 FTE) as of 1st February 2017.
• 43 teaching staff were absent on 1st February 2016, compared to 23 on 1st February 2017.
• The monthly cost for supply staff was £124,931.99 in February 2016 and £128,875.23 in January 2017.
• The Department does not employ staff on zero hours contracts because supply teachers lack a contract of employment and mutuality of obligation.

Data Disclosed

• 821
• 746.76 fte
• 43
• 172
• £124,931.99
• 838
• 768.40 fte
• 23
• 163
• £128,875.23
• 1st February 2016
• 1st February 2017
• February 2016
• January 2017

Data Tables (1)

Data Tables (reformatted)

Full Response Text

10th April 2017

RE: REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Reference Number – IM79737I

Thank you for your request to the Department of Education and Children for the provision of information under the Freedom of Information Act.

You asked for the following information (subsequent clarification in italics) :

1. The number of teaching staff including class room assistants as at the 1st February 2016* (you confirmed that the information sought relates to any person who would give lessons)

2. The number of staff who were absent from work on the above date* (you confirmed that the information sought relates to absence from work for any reason on the stated dates, excluding training)

3. The number of bank staff who were being used on the above date* (you confirmed use of the term ‘supply teacher’ instead of ‘bank staff’)

4. The cost of the bank staff for the above date* (you confirmed use of the term ‘supply teacher’ instead of ‘bank staff’)

5. The number of staff who were on zero hour contracts at the above date*.

6. The same 5 questions as set out above but by the date of 1st February 2017*

(*for items denoted by an asterisk above/below you confirmed that dates stated are arbitrary and that you would be content with the requested information for any date).

Department of Education and Children

Rheynn Ynsee as Paitchyn

Department Response

2016 data 1. There were 821 teaching staff as at 1st February 2016 (746.76 fte). You may also find it of interest to review similar data published by the Department on 14th February 2017 in response to FoI request IM76517I. This is accessible on the FoI responses web-page via the following URL: https://www.gov.im/media/1355242/dec_foi_pupil-and-staffing- numbers.pdf) – see page 4 of the published document.

1. There were 43 teaching staff absent on 1st February 2016.

2. 172 supply staff were used in February 2016*.

3. The monthly cost for supply staff for February 2016* was £124,931.99.

4. Strictly speaking, the Department does not employ any staff on ‘zero hours’ contracts per the conventional interpretation of this phrase in an employment law context. This is because supply teachers are not employees as there is no contract of employment and no mutuality of obligation – i.e. there is no obligation upon the Department to provide work or for the supply teacher to accept any work offered.

However supply staff are included as such in Government’s HR database for record purposes (only) to enable identification of staff paid for casual, bank, relief or supply purposes. In this regard I would draw your attention to question 20 at the February sitting of Tynwald accessible via the following URL which may be of further interest to you:- http://www.tynwald.org.im/business/hansard/20002020/t170221.pdf

1. 2017 data 6.1. There were 838 teaching staff at 1st February 2017 (768.40 fte)

6.2. There were 23 teaching staff absent on 1st February 2017.

6.3. 163 supply staff were used in February 2017*.

6.4. The monthly cost for supply staff for January 2017* was £128,875.23.

6.5. Please see ‘5’ above.

(*See note in italics on page 1 of this letter in respect of the dates)

Review Process

If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a Review/Complaint form and submitting it electronically or by delivery/post to: Mr Andrew Shipley, Legal and Administration Manager, Hamilton House, Peel Road, Douglas, Isle of Man, IM1 5EZ.

An electronic version and paper version of our Review/Complaint form can be found by going to www.gov.im.about-the-government/freedom-of-information/ Your Review/Complaint request should explain why you are dissatisfied with the response, and should be made as soon as practicable. We will respond as soon as the review has been conducted.

Appeal Process

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on;

1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or
2. Whether we are justified in refusing to give you the information requested.

In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.

More detailed information on your rights to review is on the Information Commissioner’s website at www.inforights.im/contact-us/

Should you have any queries concerning this letter, please do not hesitate to contact me.

Further information about Freedom of Information requests can be found at www.gov.im/foi