NUTBucks

Saturday, December 10, 2005

PAY APPEALS

Members should expect to receive a notice of pay and any safeguarded sum following the completion of the process of reviewing staffing structures and awarding TLRs. This should be in January. Members who are adversly affected by the decisions made can appeal. The process has to be started WITHIN 10 WORKING DAYS FROM NOTIFICATION The following is a brief guide to the process. If you need to make an appeal contact the union for further advice.

Right of appeal

The School teachers Pay and Conditions document 2004 states that a teacher may appeal against any determination in relation to his/her pay or any other decision that affects their pay. Decisions on pay determination and the basis on which the decision has been made should always be confirmed in writing.

Reason for appeal

This must be based on the criteria set out in the School Teachers Pay and Conditions document 2004:
• “….. that the person or committee making the decision……..
• Incorrectly applied the provisions of the pay and conditions document
• failed to have proper regard for statutory guidance
• failed to take proper account of relevant evidence
• took account of irrelevant or inaccurate evidence
• was biased
• otherwise unlawfully discriminated against the teacher”

Appeal process

In all cases of appeals against pay decisions the teacher should attempt to resolve the situation informally before starting the formal process. However timing is crucial.

Informal
On receipt of written confirmation of the pay determination if the teacher is not satisfied they may approach the decision maker informally to seek to resolve the matter within 10 working days of receipt of the decision.
The decision maker will
• Deal with any issue raised promptly
• Ensure that the teacher is given the opportunity to explain their dissatisfaction fully and the basis under which they feel the decision should be reviewed.
• Ensure that the teacher is kept informed of what may be done to resolve the situation
• Explain the decision and any reasons why the decision may not be changed.

Where the teacher is not satisfied (or the informal route has not been applied in the 10 day period) a formal process may be followed.

A full copy of the appeal process should be available in your school. Your Head Teacher should give you a copy on request.