No time for zero-hour contracts

Research has suggested that nearly two out of every three colleges have teachers on controversial zero-hour contracts. But says, Jane Scott Paul, many employers and employees don’t have a choice but to use them.?

 

Zero-hour contracts are being debated within the FE sector and wider media after research from the University and College Union indicated more than 60 per cent of colleges had them in place with teachers.

Exploitative, unfair and murky were just some of the terms used to describe the contracts which allow employers to hire staff with no guarantee of work and for individuals to be ‘on-call’ around the clock.

The arrangement means an employee only works as and when they are needed and is only paid for the hours they work.

The widespread scale of this practice across the UK economy has recently been brought to light. According to a survey of 5,000 Unite members, as many as 5.5 million workers could be on the contracts.

The contracts deny the employee important rights including the entitlement to holiday and sick pay and the guarantee of future work.

So why are employers offering agreements which offer no certainty or financial stability? And more importantly, why are employees settling for them?

In these difficult economic times, employers have been forced to make hard choices.

The public sector, including the FE sector, is having to reduce budgets dramatically.

These contracts were created to allow businesses the flexibility to respond to fluctuations in their workflow by calling on a pool of workers when they are needed.

But it is evident that the use of zero-hours contracts has extended far beyond the types of work for which they were originally designed, with those employed on these terms paying a high price.

Why are employers offering agreements which offer no certainty or financial stability? And more importantly, why are employees settling for them?

While zero-hours contracts are of benefit to some, such as those who wish to work on an ad-hoc basis (including the retired, students who can only work at certain times of the year, or seasonal migrant workers), in practice, with their widespread adoption, the benefits of flexibility are one-way in favour of employers.

The reality is that many of those employed through these contracts find it immensely hard to plan their lives when they cannot rely on regular work and have a fluctuating income.

We need to ask if the majority of those employed on these contracts wish to be?

Many don’t have a choice. With high levels of unemployment most workers are not in a position to be ‘picky’ and have to take any offer of work, even if hours cannot be guaranteed.

The arrangements are enforced by employers who are either using them to survive or who are exploiting them to cut costs.

But life can be very uncertain for those employed through these contracts — especially for those with families.

Labour leader Ed Miliband said at the TUC conference recently the contracts had been “terribly misused”.

It seems the pendulum has swung too far towards thoughtless cost-cutting.

An offer of unpredictable hours and irregular pay is exploitative and is certainly no way to build staff morale and staff cohesion.

While money will be saved in the short-term, a long-term price will be paid if the FE sector is unable to attract and retain the talent it needs to meet the challenges and opportunities it faces.

The Association of Colleges requested good examples of zero-hours contracts. To qualify for that description, the benefits and risks must be shared equally between employer and employee. I suspect that examples of good practice will be few and far between.

David Prentis, general secretary of Unison, commenting on zero-hours contracts summoned up an alarming spectre: “They wind the clock back to the bad old days of people standing at the factory gates, waiting to be picked for a day’s work.”

This is not something we want to see in 21st Century Britain.

Jane Scott Paul, chief executive, Association of Accounting Technicians

 

Learner voice: teacher voice?

Taking the learner voice into account is key — but the teacher voice needs to be listened to as well, says Dr Peter Lavender.

Learner voice specialists are staff we often admire, but who frequently remain invisible in professional terms, not being part of the teaching workforce.

As a college governor, you find evidence of their work in the confidence of student unions the support of corporation student members and in learner forums having the processes and skills needed to ensure that learner views are expressed and heard.

So the new Learner Voice Practitioners’ Network, launched by the National Union of Students (NUS) in June, is very welcome.

During a 2012 research study on learner voice in vocational education led by Australia’s University of Ballarat, we found that a common policy problem in Australia and England is that the state rarely defines the purposes for learner voice. This leads to uneven practice.

In the study, providers saw learner voice as important for information-giving marketing quality improvement securing equity helping students learn about democratic processes and enabling better ownership of their own education.

All these and other purposes can be seen in a ‘learner voice’ model developed by the Learning and Skills Improvement Service (LSIS), against which providers can see where they are on a kind of continuum.

There are few systems, if any, compared with learner voice, for ensuring teachers can have their views aired

The model stimulates critical discussion of learner voice approaches and reflection on what providers are doing most effectively.

In hindsight, we could probably have described the framework along the lines of the ‘expansive-restrictive’ continuum as proposed by Professor Lorna Unwin.

It heartens me to think that much ofthe development work by LSIS, with Ofsted’s new enthusiasm for hearing what learners think about their education, has supported
the continuation of learner voice strategies by providers.

Much of the good practice in developing materials to support learner voice processes has been encouraged jointly by the NUS and LSIS the Learner Voice Awards and development materials for practitioners are good examples.

On reviewing the data in the 2012 learner voice research, I noticed a theme — a growing disquiet felt by some managers in some colleges. It wasn’t about learner voice, but about teacher voice.

One senior manager said: “It’s not learner voice that concerns me … I have real doubts about whether their [teachers’] voice is heard systematically here.”

It is not that teachers are not being heard in their teams when they speak up, but that there are few systems, if any, compared with learner voice, for ensuring that teachers can have their views aired about matters that concern them — more widely and more systematically than through trade union meetings, the local curriculum team or large, all-staff conferences.

Reviewing our systems for teacher consultation, inclusion and involvement against the LSIS learner voice model would be illuminating and should generate an interesting debate.

The key question, as it is for learners, might be: “If the ultimate goal is to ensure that teachers are fully empowered here, what would the systems look like in this institution?”

The model for learner involvement differentiates between informing learners (or teachers) and empowering them. It seems obvious to me that there should be a teacher and trainer
involvement strategy to complement the learner strategy.

The increasing attention being given to learning, teaching and assessment means that governors must have a more systematic way of hearing from teachers and their view of these things.

In a recent peer review and development exercise by governors at three colleges in the East Midlands, focusing on governance, we concluded that a key thing to get right is the importance of asking the powerful questions and hearing answers from those with powerful and informed perspectives — teachers and learners.

 

Dr Peter Lavender, member of the Institute for Learning, governor at North Warwickshire and Hinckley College, and former chair of the Learning and Skills Improvement Service Think Tank on Learner Voice

 

 

Colleges’ move after bully claims

Allegations of bullying and physical abuse have prompted three subcontractor colleges to take over apprenticeships from a Midland-based prime contractor.

A damning Ofsted report found “serious allegations of physical and verbal bullying and harassment” and deemed the National Farrier Training Agency (NFTA) to be inadequate, as reported by FE Week in June.

The Skills Funding Agency (SFA) banned the NFTA, which teaches shoeing and hoof trimming of horses and similar animals, from taking on any new learners until a long-term strategy could be agreed.
The NFTA, based in Peterborough, was the prime contractor with the SFA, organising vocational training for apprentices with approved training farriers (ATFs) across the country.

The NFTA also subcontracted classroom learning to Herefordshire & Ludlow College, Myerscough College and Warwickshire College.

The vast majority of allegations in Ofsted’s report on the NFTA were made about learners’ treatment during training with the ATFs, not in the colleges.

And the three colleges are due to take over full responsibility for farriery apprentices later this year, drawing funding directly from the SFA.

It is hoped the move will allow colleges to screen ATFs and ensure apprentices’ well-being.

A spokesperson for the SFA said it was working closely with the NFTA’s parent body, the Farriers Registration Council (FRC).

She said: “We expect all existing learners to transfer to the colleges currently involved in the delivery of the farriery apprenticeship.

“Our intention is to open up the market to enable a wider range of providers to deliver this provision, should they wish to.”

Herefordshire & Ludlow College principal Ian Peake spoke to FE Week on behalf of the three colleges and said the move would be good for farriery.

“We are very pleased to be taking the work on because we’re comfortable will be able to deliver a very good quality programme and there won’t be the complication of working with more than one body which has really proved to be unhelpful,” he said.

The FRC will still accredit training and monitor colleges’ delivery, for which colleges will pay a levy, and will have the power to strike off a college that fails to deliver good quality apprentice training.

An NFTA spokesperson said: “Much must now be done to bring the new training system into action so that apprentices are provided with a safe learning environment and an effective and enjoyable training system.

“The timescale has yet to be finalised, but the move of existing training is expected to take place during autumn 2013 with the first intake of new apprentices starting in early 2014.

“The NFTA will continue to exist to run existing apprenticeships until the handover to colleges takes place, which will be sooner rather than later.”

The SFA spokesperson added: “We are satisfied with the progress and plans to date, and we are committed to ensuring that all learners receive their full learning and training, with minimal disruption.”

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Foundation publishes partner commitments

The Education and Training Foundation has announced £75,000-worth of partner commitments with four FE bodies.

The foundation, the FE sector’s self-improvement body, has published its delivery plan for 2013-14, which includes a £25,000 commitment to the Association of Colleges (AoC) to continue clerks and senior leadership programmes.

Nevertheless we remain committed to working with and through the sector bodies wherever possible.”

It has also pledged £15,000 to the National Institute of Adult Continuing Education (NIACE) to research support needs of those teaching English and maths.

The Association of Employment and Learning Providers (AELP) has the same figure to help support those delivering traineeships, plus a further £10,000 to research training needs for those managing a dispersed workforce.

The Association of Adult Education and Training Organisations (known as Holex) will also benefit from £10,000 to research the needs of community workforces within learning trusts.

The contracts did not go through a competitive process.

However, Peter Davies (pictured), interim chief executive of the foundation, has told foundation owners AoC, Holex and AELP, and other membership bodies, the process of handing out contracts had to be “open”.

“I have written to the sector membership bodies to explain that the foundation cannot simply decide by itself or with the sector bodies to commission work directly from them without a proper open process, including tendering in the vast majority of cases,” he told FE Week.

“Nevertheless we remain committed to working with and through the sector bodies wherever possible.”

The foundation has also released details of novated contracts with Design Telecoms, Call Sense and New Voice Media to support the FE advice line; and Texuna and Dudobi to support staff individualised record data collection.

It also has novated contracts with Tintisa Technologies, Oxford Computer Consultants and ComputerMinds to support digital services. The information released by the foundation indicates that the values of the contracts vary and range from less than £5,000 to up to £100,000.

“We are committed to achieving the best value in all of our activities and we’re committed to ensuring the sector receives the valuable services it wants and needs,” said Mr Davies.
He added: “We are committed to having an open and transparent process and future contracts and agreements will include statements that, unless they are commercially sensitive, we intend to publish indicative values for contracts or commissioned work.”

The foundation launched officially last month and is currently funded by the Department for Business, Innovation and Skills from August to April next year with £18.8m, excluding VAT, and the same figure again for the following year.

Former Blackburn College worker jailed for work credit card fraud

A Lancashire college purchasing officer has been jailed for a year for using a work credit card to splash out more than £21,000 on solicitors’ bills for her divorce and trips to Alton Towers and Florida.

Shaheda Lorgat (pictured) illegally used a Blackburn College account to pay for a host of personal items and services. She was given a 12-month prison term at Preston Crown Court on Tuesday, September 17.

The 42-year-old, of Mossdale, Blackburn, had pleaded guilty to 19 counts of fraud by abuse of position. Lorgat got concurrent 12-month jail sentences for each count.
The offences took place between July 2008 and January last year.

Defending, Leila Ghahhary said: “When her husband left her, she felt a desperate need to pretend to the outside world that everything was okay.
“Her state of mind and emotional anxiety and the stress she was going through at the time led her behave in a way that projected something totally different, hence the
spending.”

Recorder Robert Crawford told Lorgat: “All these things you did with public money that should have been spent on an educational institution.”
PC Anita Whittle, from Blackburn Police, said: “I am pleased with the sentence, especially given the amount of money spent on Blackburn College’s credit card which was there to be used for things that benefit the college and its students.”

Colleges win meal deal, indies miss out

Further education students are to get free school meals, the government has announced — but learners at independent training providers (ITPs) will miss out, FE Week has learned.

The Deputy Prime Minister and Liberal Democrat leader Nick Clegg said the government would extend complimentary lunches to disadvantaged 16 to 18-year-olds at general FE and sixth form colleges.

The move is expected to kick in this time next year, despite disadvantaged youngsters at school sixth forms already getting free food.

It comes more than a year after the Association of Colleges (AoC) launched its No Free Lunch? campaign — symbolised by a lollypop.

The AoC welcomed the move, with chief executive Martin Doel labelling it “great news,” but the Association of Employment and Learning Providers (AELP) was critical after it emerged ITP learners would not be eligible.

Stewart Segal, AELP chief executive, said: “We are delighted that disadvantaged students in sixth forms and colleges will benefit but a fair policy should cover all disadvantaged young people in programmes funded by the Education Funding Agency.

“As we had to point out in making representations previously about rules for the former Education Maintenance Allowance, the outreach of independent providers, including many charities, takes them into the most deprived estates and communities in the country and the young people they support should also be beneficiaries.”

Further, a Liberal Democrat spokesperson, who had confirmed ITP learners would not get free meals, said traineeships were not covered either. A Department for Education spokesperson had directed FE Week to the Liberal Democrats for comment.

Chris Walden, director of communications and public affairs at the AoC, said: “Our successful campaign for the funding of free meals to be extended to disadvantaged 16 to 18-year-olds studying full-time in general FE or sixth form colleges was launched before the traineeship programme was developed, but we’ll be discussing the details with ministers and officials and this issue will no doubt come up.”

Mr Clegg announced his £600m plans, which include free meals for all children in the first three years of primary school from next September, at his party’s conference in Glasgow last week.

He said: “Universal free school meals will help give every child the chance in life that they deserve, building a stronger economy and fairer society.”

AoC’s No Free Lunch? campaign enjoyed the support of MPs including former Education Secretary David Blunkett and Nic Dakin, a former college principal.

Skills Minister Matthew Hancock was pictured in FE Week in November being handed a campaign lollypop at the AoC conference in Birmingham.

The campaign peaked earlier this year when around 10,000 students, MPs and members of the public signed an e-petition on the 10 Downing Street website.

Conservative MP for Harlow Robert Halfon also championed the cause, securing a parliamentary debate on the issue which had been due to take place next month.

After presenting a motion to the Backbench Business Committee on Tuesday, September 10, he gained support from 75 MPs, including 18 from other political parties.

Exam talks over Ramadan clash fears

Qualifications bodies have been in talks with Muslim groups over concerns the summer exams season could be affected by Ramadan.

The Joint Council for Qualifications (JCQ) is among those working to “reduce as far as possible the impact” of the month-long religious period, which is expected to fall in the key
academic months of June and July in three years’ time.

We will be working closely with Muslim groups on the setting of future timetables to reduce as far as possible the impact on those observing Ramadan

It could affect the exams season right up to 2023 prompting concerns — shared by the Muslim British Council (MCB) — about learners getting up before dawn to eat so they can observe daytime fasting.

There are fears that interrupted sleep could affect grades.

A spokesperson for the JCQ, which is responsible for timetabling A-level and GCSE exams, said: “We have met with Muslim groups to discuss the changing dates of Ramadan and how, over the coming years, it will increasingly clash with examinations.

“We will be working closely with Muslim groups on the setting of future timetables to reduce as far as possible the impact on those observing Ramadan.

“There are limitations on how flexible the timetables can be but, for example, we will review whether a balance of morning and afternoon slots or just morning slots are preferable for large entry subjects.”

Ramadan is the ninth month of the Islamic calendar and it changes every year depending on the position of the moon.

Shabnam Khan, secretary of the MCB’s education committee, said: “Muslims who are fasting will usually get up before dawn to have their breakfast — this does interrupt their sleeping patterns and educational centres and places of work are advised to be aware of some of the special aspects of a fast.”

She added: “In 2019 it is expected that the month of Ramadan will coincide fully with the end of year examination period.

“To help students reach their potential and to help educational centres in the UK as much as possible, the committee is working in consultation with various organizations including Ofqual, JCQ as well as with schools across the country … to assess this impact.”

A spokesperson for Ofqual, which last month invited the JCQ, MCB and education charity VIP Minds, to its offices in Coventry to explore the concerns, said it was the first time the issue of Ramadan falling on the exams season had been raised.

She said: “We recently invited JCQ, MCB and the charity VIP Minds to a meeting to discuss the issue of students fasting for Ramadan and examination timetables.

“Timetabling for GCE/GCSE examinations is the responsibility of JCQ and as a result of the recent meeting they are working with VIP Minds to look at the most effective timetabling for exams from 2016.

“We are also considering the impact of Ramadan on linear assessments as part of our equality analysis into the proposed GCSE reforms.”

Kwik Fit’s unpaid traineeship branded ‘unacceptable’

Kwik Fit has come under fire from the National Union of Students (NUS) for running unpaid traineeships of up to 936 hours across five months.

An investigation by FE Week found the car servicing firm advertising “multiple” 16 to 18 vacancies “nationwide” on the government’s National Apprenticeship Service (NAS) website.

But the advert, which said trainees would do a “maximum of 39 hours a week Tuesday to Saturday” for up to 24 weeks, was removed this afternoon after FE Week started looking into the posts.

However, it reappeared just hours later with an added line saying simply “most weeks will be less”.

“Expecting young people to be unpaid in a traineeship of up to 39 hours a week for a five-month period is unacceptable,” said NUS vice president for FE Joe Vinson.

“Unfortunately, it’s likely that this is just one example of the many organisations across all industries.”

A spokesperson for Kwik Fit, which had a turnover of nearly £640m for the year ending March 2012, defended its traineeship scheme.

He told FE Week: “Participants will spend their entire period training and will never work unsupervised and we hope that people will actually complete their training modules more quickly than the maximum period allocated.

“Our hope is that they will become Kwik Fit apprentices but whatever they decide to do, they will be far more ready for work than when they started with us.”

All of the 120 traineeship vacancies offered by firms advertising on the NAS website as of Tuesday were unpaid.

However, Kwik Fit was the only firm asking for more than 35 hours a week as part of their traineeship — the government’s flagship policy launched last month to reduce unemployment among 16 to 23-year-olds.

Kwik Fit, graded outstanding by Ofsted following its last inspection in June 2008, was also the only organisation on the website named as both the employer and training provider.

It is understood that the Skills Funding Agency will pay Kwik Fit an average of £1,250 to £2,000 per trainee.

Kwik Fit can run traineeships because it has an apprenticeship contract with the agency. The contract, which also funds traineeships, is worth nearly £2m for the current academic year.

The firm’s spokesperson said trainees would spend a total of around 10 days in the classroom or workshop and the remainder on-the-job, where activities would include tyre-fitting and stock-handling, among others.

To run traineeships, the government requires firms to offer a “high quality” work placement with English and maths qualifications offered, if needed.

They can take from six weeks to six months.

But, with no government requirement that trainees be paid, Mr Vinson said: “We are seeing an increasing amount of traineeships turn into what are effectively unpaid internships.”

The Kwik Fit spokesperson said: “We provide an industry leading apprenticeship scheme which delivers exceptional value to the tax payer.

“We receive 18,000 applications each year, however our experience shows that while some school leavers have the right attitude or personality, for one reason or another they aren’t quite work-ready.

“We want to help those people close that gap and get ready to take their first step on to a career ladder.

“We hope they succeed and go on to an apprenticeship with us, but there is no imperative for us to introduce traineeships — in fact the scheme will cost us more in time and resources than we will receive in funding.”

A spokesperson for the agency said Kwik Fit’s, “traineeship funding is calculated at individual learner level and is based on the number of hours planned for both the work placement and the teaching associated with the learning components.”

There is no suggestion Kwik Fit vacancies breach traineeship rules.

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Editorial: Making traineeships work

Traineeships, as I said in my Newsnight interview, are a good thing — particularly given youth unemployment is on the rise again.

But let’s also be clear that the government has taken ownership of the term ‘traineeship’ and it is not intended to be a qualification-based programme.

It is a government-funded work placement scheme, with some work preparation and English and maths training where required.

The total time, most of which is likely to be the work placement, determines the amount paid to the training provider, in this case Kwik Fit.

So the tension comes from the government paying thousands of pounds in work placements for potentially unpaid trainees.

For traineeships to succeed, the government must protect learners from the threat of exploitation from both the training provider and employer.

When trainees are adding value in the workplace they should be paid, something the TUC argued as part of its Traineeship Charter, published last month.

And even when paid, it is also important that traineeships do not become an unnecessary and costly pre-apprenticeship programme.

The FE sector needs to work with employers to rally round the programme which, when done the right way, is the difference between being out of a job or developing the workplace experience and employer reference to get a job — and keep it.

Nick Linford, editor