21st February 2006

FROM MAs TO TLRs:
PAY APPEALS AND PAY STATEMENTS

NUT Guidance, February 2006

Obligation to provide written pay statements

Paragraph 24.2 of the 2005 School Teachers' Pay and Conditions Document provides as follows:

"The relevant body shall on or before 31st January 2006 notify the teacher in writing of –

  • the value at 31st December 2005 of the management allowance ("the safeguarded sum");
  • if the allowance was awarded for a fixed period, the date the fixed period expires;
  • the value at 31st December 2005 of the point at which he is placed on the pay scale set out either in paragraph 17.3 or in paragraph 19.2, taking into account the annual determination required by paragraph 4.1 ("the original salary"); and
  • where a copy of the school's staffing structure and pay policy may be inspected."

This provision applies in respect of all teachers who held management allowances on or before 31st December 2005 other than safeguarded management allowances.

Paragraphs 24.3 and 24.4 provide that the "safeguarded sum" shall be paid to the teacher for the length of the safeguarding period, ending at latest on 31 December 2008, but reduced according to the value of any TLR payment awarded to the teacher either with effect from 1 January 2006 or subsequently.

The pay statements may be the first formal notices which members receive that they will not receive TLR payments equal in value to their management allowances.

This provision applies to schools in Wales. It should be noted, however, that schools in Wales are not required to have completed their staffing structure reviews and taken decisions on TLRs until 31 March 2006.

Procedure and timetable for individual appeals against pay decisions

Schools' pay policies must include procedures for pursuing appeals against decisions affecting pay. Such procedures, which must meet statutory requirements relating to grievance procedures, fulfil the function of general grievance procedure relating to pay matters. Appeals cannot subsequently be pursued further via general grievance procedure.

The STPCD provides at page 136 that:

"15. Any teacher seeking a reconsideration of a pay decision should first seek to resolve the matter informally through discussion with the decision-maker within ten working days of notification of the decision. Where this is not possible or the matter is still unresolved, the teacher may follow the formal grievance process by setting out their concerns in writing to the decision-maker within ten working days of the notification of the decision or the outcome of the informal discussion."

DfES model pay statements

The DfES has prepared model pay statements [2007].

NUT guidance to divisions and associations regarding use of appeals procedures

The NUT's guidance regarding use of pay appeals procedures is unaltered from that set out in NUT Circular 05-160/CCU dated 3 November 2005. That guidance included the advice set out below.

  • The NUT's preferred option is for individual concerns to be pursued as part of the collective response on behalf of all members. The NUT's advice is that TLR disputes are far more likely to be resolved satisfactorily through the collective process, in particular once the governing body have published the draft staffing structure and draft implementation plan.
  • Members have an individual right to appeal against the decision not to award a TLR payment, using the school's pay appeal procedure. Members wishing to appeal against the decision resulting in the position set out in the pay statement should be advised to follow the school's pay appeal procedure. Model advice for distribution to members, including a model letter for use by members who wish to pursue this route, was attached to NUT Circular 05-160 and is attached at Appendix A. Members should be advised, however, that the restructuring from MAs to TLRs, supported by other teacher organisations but not the NUT, does allow major changes and the subsequent loss of responsibility posts and, therefore, that few appeals are likely to succeed.
  • Where it appears that there is the potential for an employment tribunal application or a negotiated outcome to the situation, the Union will promote the use of the pay appeals procedure, as the formal workplace grievance procedure for pay matters, as a solution. Whenever it appears that a member may be able to pursue a claim for unlawful discrimination in relation to TLR payments, the relevant grievance procedure must be followed in order that the member does not lose the opportunity to proceed to tribunal. Should it appear to you that the member may be able to pursue a claim to the employment tribunal, please seek further advice from the NUT regional office or, in Wales, NUT Cymru.

Appendix A

Nut Advice to Members

TLR PAYMENTS -
REGISTERING INDIVIDUAL CONCERNS

This paper sets out advice for NUT members who wish to register their individual concerns about the process or outcome of school staffing structure reviews and the decisions taken affecting them personally about the award of teaching and learning responsibility payments or other issues.

NUT Support for Individuals relating to School Staffing Structure Reviews

The NUT's preferred position is that individual concerns are pursued initially as part of the collective response made on behalf of all members. The overwhelming majority of such issues will be capable of inclusion in the NUT's collective response to the school's proposals. The inclusion of all individual concerns in a collective response made with the support of colleagues will assist the proper resolution of those concerns.

You are entitled to appeal individually about decisions made which relate to you as individual. School or local authority grievance procedures enable you to raise your concerns with the school or employer in an attempt to resolve the matter. As discussed below, there is a particular need to pursue the grievance procedure where any complaint includes an allegation that the governing body or employer has acted in breach of the law.

The NUT is committed to providing full support to members collectively during the consultation procedure in schools. You are entitled to make your concerns known individually to the governing body and you should draw these to the governing body's attention in writing, preferably before any final decisions are taken.

The school's pay policy must include a procedure for pursuing appeals against decisions affecting pay. This procedure, which must meet statutory requirements relating to grievance procedures, fulfils the function of the general grievance procedure relating to pay matters. Appeals cannot be subsequently be pursued further via the general grievance procedure.

If your employer appears to have acted unlawfully in relation to the conduct or outcome of the staffing review, the Union will support you in pursuing your grievance to a hearing and to an employment tribunal as appropriate. Unless it appears that there is the potential for an employment tribunal application or a negotiated outcome to the situation, therefore, the Union does not promote the use of formal workplace grievance procedures as a realistic solution.

Relationship Between Grievances and Employment Tribunal Applications

Most individual complaints about school staffing structure reviews will not include any allegation of discrimination or other unlawful action by the employer. Where, however, any complaint includes an allegation that the governing body or employer has acted in breach of the law, there is a particular need to pursue the grievance procedure. Employment Tribunals will consider your application only if you have first pursued the grievance procedure available at your workplace. It is important that, in doing so, you set out all the key issues and the way that you would like the matter to be resolved. For example, should you believe that there has been a breach of equal pay or other equal opportunities legislation, you should set out the facts relating to that. The model letter can be used so that all relevant information is included.

It is essential that action is taken promptly where there may be an element of unlawful discrimination on grounds of sex, equal pay, race or racial origins, disability, sexual orientation, religion or belief, trade union membership or activity, since there are strict time limits, usually of three months, for claims to tribunal. The Union will be able to advise further about this should that be necessary.

Addressing the Grievance

The first formal stage of the grievance procedure involves the presentation of the grievance in writing. This should include the basic factual details of the situation and of the complaint. The model letter can be used to present complaints appropriately.

Members teaching in voluntary aided, foundation, independent schools, city technology colleges or academies are employed by the governing body and should address grievances to the school/college governing body.

Members teaching in community or voluntary controlled schools are employed by the local authority rather than the governing body. You should address your letter to the governing body but also copy it to the local authority.

National Union of Teachers
January 2006