Volcanic ash

We have had a number of enquiries about charging for lessons that pupils were unable to attend, due to the disruption to air-travel caused by volcanic ash. Should visiting music teachers be paid for lessons missed in this way? Ultimately the answer to this question will depend on the nature of the contract between the teacher and the schools and members are encouraged to seek individual advice from the ISM as to their particular situation but, in general terms, we think the position is likely to be as follows:

Teachers paid by the School

Where teachers are paid directly by the school where they teach, whether on an employed or self-employed basis, we believe that there are strong arguments that the school should pay teachers for lessons missed as a result of volcanic ash. There is no fault on the part of the teachers in this situation. Parents are likely to have paid the school for a full term’s lessons and it would not, in our view, be fair or appropriate for the school to withhold payment from the teacher. Teachers may wish to ‘make up’ the missed lesson, where it is convenient to do so, but we consider that this should  left to the teacher’s discretion rather than being regarded as a requirement.

Teachers paid directly by parents

In our view the position will be similar where teachers contract directly with the parents of their pupils. The ISM’s standard agreement for private music tuition states that “the teacher will charge for any scheduled lessons which the Pupil does not attend, unless the Teacher chooses not to do so because of exceptional circumstances”. The effect of this clause is that parents bear the risk of lessons being missed due to unforeseen circumstances. The teacher may take the view that travel disruption caused by the volcanic ash constitutes “exceptional circumstances”, but it is left to the discretion of the teacher to decide whether to waive the fee for the missed lesson, or, alternatively, to make up the lesson at a different time. There is no obligation on the teacher to waive the fee for the missed lesson.