The Association of Recruitment Consultants (ARC) is concerned that the Department of Education’s interpretation of the Agency Workers Regulations (AWR) jumps the gun legally.

The DfE has included supply teachers in its own interpretation of the AWR on the grounds that the school or Local Education Authority (LEA) that contracts a supply teacher cannot be defined as their client.

It was previously thought that teachers could remain outside of the scope of the AWR using the professions exclusion at R.3(2).

ARC has received communication from the DfE making it clear that this is only the department’s interpretation and that “it is for the Courts to make an authoritative decision”.

Adrian Marlowe, chairman of ARC, says: “Given that there are differing legal opinions on this, we are surprised to learn that both the DfE and REC are throwing their combined authority behind a single interpretation of the regulations.

“By taking this stance they risk disenfranchising a large number of experienced teachers from the agency market. Before the profession model is excluded from any sector, should the correct legal determination not be established?”