NUT News 26 19 October 2000

NUT wins right of appeal on threshold applications

They who dare, win! The National Union of Teachers dared to take legal action against the Government - THE NUT WON!

The National Union of Teachers used the opportunity won by its legal success to press for a number of reforms to the threshold criteria and processes. Crucial to these reforms was the right of appeal for the 197,000 teachers who have applied for the threshold in 2000 and for all those in Wales, where the threshold process has yet to begin. Indications through the press are that the NUT has won.

Teachers in England who have applied to cross the threshold and teachers in Wales for whom the threshold process has yet to commence, will have the right to appeal against decisions to refuse their applications. The right of appeal has been gained:

• because the NUT dared to challenge the Government in the High Court;
• because the NUT won the challenge;
• because the NUT sought changes through the Review Body to protect the interests of teachers in the current threshold process and in the future.

No other teachers` organisation dared to challenge the Government. No other teachers` organisation sought to protect teachers in this current threshold round. ONLY THE NUT has won this protection. Others had the same legal advice but failed to protect their members.

In July, following the NUT`s win in the High Court, Nigel De Gruchy, for the NASUWT said: "NASUWT received the same legal advice as the NUT. This was that the Government had acted outside its powers." The NASUWT did not dare to take legal action. The NUT dared and won and won for ALL teachers.

General Secretary, Doug McAvoy, said: "The NUT dared to challenge the Government. The NUT used the victory to gain protection for all teachers. Join the NUT - campaign for better pay and reduced working time. Join the winning team!"

Nut News 25 17 October 2000

NUT challenges the right of external assessors to reject threshold payments

The NUT is seeking urgent discussions with the Secretary of State on the legality of teachers being prevented from crossing the Government`s threshold, by external assessors who reject the recommendations of headteachers. The Government`s scheme gives external assessors the right to overturn headteachers` recommendations. Teachers could face their applications being rejected by assessors who know nothing of their work and professionalism.

NO REDRESS

Teachers whose applications were backed by their headteachers but rejected by external assessors would have no redress. There would be no right of appeal. They would have no access to challenge through an industrial tribunal. They would be denied their basic rights to protection from discrimination and unfairness. The Union is asking for the assessors to have only an advisory and monitoring role and for the establishment of an appeals system.

REVIEW BODY ABANDONS TEACHERS

The NUT raised with the Review Body its concerns that there was no legal basis for this power to be wielded by external assessors. It called on the School Teachers` Review Body to seek clarification on the lawfulness of the proposal by the Government. The NUT has engaged leading legal Counsel to examine the legality of giving assessors the right to reject applications recommended by headteachers. The Counsel`s views support the Union`s concerns that such power is illegal.

The Review Body has refused to address the issue. It claims to address issues of fairness and reasonableness, yet it declined to consider the legal basis of one of the most unfair and unreasonable aspects of the Government`s scheme. The School Teachers` Review Body has abandoned its responsibility towards the protection of teachers.

REFERENCE TO SECRETARY OF STATE

The Review Body has written to the Secretary of State, drawing his attention to the legal question raised by the NUT. The Union is now urgently seeking discussions with the Secretary of State.

PROTECTING TEACHERS

Only the NUT has sought to protect all teachers involved in the 2000 threshold process. Only the NUT has seen the injustice of allowing a system which can deny teachers their access to threshold payments in the face of positive recommendations by the headteachers whose professional judgement is that they have met the threshold standards. Only the NUT is pressing for an appeals system to protect teachers going through the threshold process this year.

NO DELAY

he NUT will urge the Secretary of State not to give external assessors the power to reject headteachers` recommendations. Any legal challenge by the Union would cause no delay in threshold payment. General Secretary, Doug McAvoy, said: "The NUT`s first legal challenge gained the opportunity to bring forward measures to reduce the unfairness of the threshold system. Where a headteacher agrees that a teacher should cross the threshold, external assessors should not have the power to reject. The Government should give the assessors an advisory and monitoring role only. A right of appeal must be included in the threshold process. The Government should not take lightly challenges from the National Union of Teachers."

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