This guidance from the Department for Education explains how the Agency Workers Regulations (AWR) 2010 apply to supply teachers. These regulations, in effect since 1 October 2011, ensure that after 12 weeks in the same role, agency supply teachers receive the same pay and conditions as those directly employed by schools or local authorities.
Who is this guidance for?
This guidance is for local authorities, school leaders, staff, and governing bodies in all maintained schools, academies, free schools, and independent schools.
Hiring Agency Supply Teachers
If a supply teacher is employed by an agency, the School Teachers' Pay and Conditions Document (STPCD) does not apply, and the agency sets pay rates and employment conditions. After 12 weeks in the same role with the same school or local authority, the teacher is entitled to the same pay and conditions as direct employees. Agencies are regulated by the Department for Business, Innovation and Skills.
Who is the "Hirer"?
The "hirer" is the organisation that supervises and directs the supply teacher.
In maintained schools, this may be the governing body or local authority, depending on the school type.
- In academies and free schools, the academy trust is the hirer.
- In independent schools, the school’s proprietor is the hirer.
If a teacher moves between schools under the same hirer, the 12-week qualifying period continues. Moving to a different hirer resets the qualifying period.
Exemptions from AWR
Agencies can offer a "permanent contract" to exempt workers from equal pay rights, but the contract must guarantee pay between assignments. However, these teachers still receive other benefits like access to facilities and job vacancies.
Umbrella Companies
Teachers employed by umbrella companies remain covered by AWR unless they have a permanent contract with their agency.
School Closures
If a school temporarily closes (e.g., summer holidays), the qualifying period pauses and resumes when the teacher returns to the same role with the same hirer.
Pay and Holiday Entitlement
After the 12-week period, agency supply teachers should receive the same pay, working hours, and holiday entitlement as direct employees. Academies, free schools, and independent schools set their own pay, so agencies must confirm pay conditions with them.
Cover Supervisors and Teaching Assistants
Pay depends on the job role, not qualifications. A qualified teacher working as a cover supervisor or teaching assistant should be paid accordingly. If they take on full teaching responsibilities, they must be paid as a teacher after 12 weeks.
Confirming Pay
Supply teachers can check previous payslips or contact their last employer or Teachers’ Pensions for salary details.