There has been much focus recently on whether parents are able to take their children on holiday in term time, but to what extent are teachers able to take time off during term time? And are all holiday periods “holiday”, or is it reasonable for schools to expect teachers to work or be contactable during school holiday periods?

Teachers and other term-time only staff are generally not able to take holiday during term times, and schools can only rarely accommodate any requests for discretionary leave, given the potential impact on pupils and other colleagues.

We do receive queries from time to time from schools about the options where staff have taken unauthorised absence during term time. This is usually a serious issue for schools given the potential impact such absences can have, and the message it can give to other members of staff (as well as parents).

Schools can treat this as a disciplinary matter and withhold pay for any unauthorised leave. Schools can also investigate further where they have reason to suspect that a legitimate explanation for term-time absence (for example, sickness, or time to care for a dependant) is not genuine. Schools may have reason to be suspicious when absences coincide with sporting events, festivals, or if they follow a request for time off that has been rejected.

So, what about the school holiday periods; are they sacrosanct or can schools require staff to work?

For maintained schools and academies that adhere to the School Teachers’ Pay and Conditions Document and the Burgundy Book, the provisions are clear. Teachers must be available for work for 195 days, of which 190 of these are teaching days and up to 5 days are in-service or INSET training days, which usually take place either side of term time.

In addition teachers can be required to work “such reasonable additional hours as may be needed to discharge effectively their professional duties”. This would usually encompass expectations on staff to prepare classrooms and plan lessons for the following term during holiday periods, as well as attending to support pupils when exam results are published.

It is not possible for schools to require staff to be available during holidays outside of these provisions, although staff may, of course, agree to undertake activities or additional training, and many do work during holiday periods without being under any express requirement to do so.

Independent schools and academies that are not bound by the STP&CD and Burgundy Book provisions have more flexibility. It would be usual to see provisions in teachers’ contracts requiring them to be available either side of the holiday periods to undertake training, or similar, and to otherwise be available as needed to discharge their duties. It can also be helpful to have an express contractual requirement to enable schools to require staff to participate in capability or disciplinary processes during holiday periods, rather than have to delay addressing these to the start of the following term.

We are also frequently asked whether schools are able to consult with staff during holiday periods, about any potential contractual changes or in the event of redundancy or restructuring processes. While there is nothing to stop schools communicating with staff outside of term time, it is essential that sufficient time is built into term time to ensure that the consultation is genuine and all staff are given the opportunity to contribute.

Most schools and staff do recognise the importance of preserving holiday periods for staff for work-life balance, but most staff will be expected to undertake some work to effectively discharge their professional duties and flexibility is needed.

Alice Reeve is a partner at leading education law firm Veale Wasbrough Vizards

This is an article from the 22 July edition of TES. This week’s TES magazine is available in all good newsagents. To download the digital edition, Android users can click here and iOS users can click here

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