The Government has accepted the NUT`s case that without changes, the threshold processes would have denied teachers access to Employment Tribunals and the full protection of the Human Rights Act. The NUT and the Government have agreed changes that will rectify that situation. No other teachers` organisation has sought to protect the rights of all teachers. This further win for all teachers sets the NUT in a league of its own.
Painstaking negotiation
Painstaking negotiation, sound legal argument and the certainty that the NUT would again challenge the Government if it acted outside the law have succeeded. Access to Employment Tribunals is now built in to the new threshold appeals procedure.
Human Rights
Teachers who believe that their threshold applications have been the subject of discrimination will now be able to take their cases to employment tribunals. The NUT argued that the denial of access to Employment Tribunals would have been a denial of fundamental human rights.
Determined stand
The NUT was determined to protect the human and employment rights of all teachers. The legal challenge mounted in the High Court in July showed the Union`s determination and ability to protect all teachers and their employment rights under the law.
Only the NUT
Vindicated
The NUT`s legal challenge in July was heavily criticised by some other teachers` organisations. Yet the gains made will be of significant benefit to all. Those teachers` organisations that criticised and condemned the NUT for mounting the legal challenge can now join with the NUT in ensuring that the improvements to the threshold system are made known to all.
General Secretary, Doug McAvoy, said: "The NUT`s principled stand, much criticised by others, has been in the best interests of the teaching profession. The Government has been persuaded to act properly in accepting reference to employment tribunals when and where there is discrimination. Our task now, together with the other teachers` organisations, is to persuade the Government that its policy of performance related pay, payment by results, is profoundly mistaken."
The courage of the NUT to challenge the Government in the High Court and the force of its argument through painstaking negotiation have succeeded in achieving significant gains for all teachers in the threshold process. The gains will benefit all but they are of particular advantage to those applying in 2000. Every gain in the arrangements for those applying to cross the threshold in 2000 is due solely to the work and commitment of the National Union of Teachers.
Gain one: Teachers who were unable to access evidence to support their applications in 2000 because they were absent for all or a substantial part of their application period will now be able to apply to cross the threshold.
Gain two: Teachers who moved from schools in Wales to schools in England between June 2000 and March 2001 will now be able to apply to cross the threshold.
Gain three: The duty on all teachers to assist headteachers in assessing the threshold applications of other teachers, to have been imposed by the Government at the request of the NAHT and the SHA, has been removed. The NUT challenged this duty in the High Court and won. Now the duty to assist in the threshold process can be required only of those who have line management responsibilities for the teachers whose threshold applications are being considered.
Gain four: There is now an appeals process available for teachers applying in 2000. Under the Government`s arrangements prior to the NUT`s legal challenge there was none. The appeals process subsequently proposed by the Government did not provide access to employment tribunals in respect of discrimination. The NUT`s representation and determination to mount yet a further legal challenge, if necessary, succeeded in persuading the Government to amend its Parliamentary Order and ensure access to employment tribunals.
Gain five: There will be a review of the threshold criteria, including the use of pupil progress in 2002. The NUT would have preferred an earlier review but the agreement to review the pupil progress criteria is a major gain.
Gain six: Teachers will be informed of their eligibility to apply to cross the threshold.
Gain seven: The Government now must be careful to act in accordance with the law in respect of all its demands and pay policies. Formalising the process in detailed statutory regulation will protect all teachers from the whim of governments, present and future.
Seeking further gains
The NUT will use the opportunity provided by the Government`s new Parliamentary Order to gain further improvements in the arrangements for unattached, centrally employed teachers. The criteria used to determine threshold applications from unattached teachers should relate to the tasks which they undertake.
General Secretary, Doug McAvoy, said: "The NUT has gained significant advances for all teachers. The NUT is negotiating further gains. Give your support to the NUT in its campaigns to protect all teachers."