1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded education professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Can they take away my UPS3?

Discussion in 'Pay and conditions' started by lars, Dec 4, 2015.

  1. lars

    lars New commenter

    Haven't posted for ages.... Anyway, I've recently been awarded UPS3 and have had my appraisal document and a letter from the headteacher confirming it. However, I found out that there have been murmurings that I shouldn't have got it. Apparently my appraiser was asked to change their statement - but they refused. Can it be taken away from me??
     
  2. TheoGriff

    TheoGriff Star commenter

    .

    If you have it, then in theory it cannot be removed.

    I suppose that there could be some occasion when it is shown that it was awarded in error, that the secretary typed the wrong name in the letter, for example, but other than some legal challenge of that sort, I doubt it.

    Read what it says about UPS in the attached document.

    Best wishes

    .
     

    Attached Files:

  3. lars

    lars New commenter

    That's reassuring. The letter and the appraisal document both make specific reference to the evidence I provided to support my application, so I don't think they can claim a clerical error.

    One of my colleagues found out about me getting it (I don't know how - I'm not the sort of person who discusses these things with colleagues) and has complained loudly because they were denied it the first time they applied. I think my appraiser's line manager got frightened by this and tried to reverse it.

    Whole thing shocked me - I thought I worked in a nice supportive school!

    Thanks for your advice :)
     
  4. TheoGriff

    TheoGriff Star commenter

    .

    Page 21 of the STPCD. You applied, you were successful, therefore they must pay you.

    Best wishes

    .
     
  5. Piranha

    Piranha Star commenter

    Deoesn't this refer to going onto the Upper Pay Scale rather than a particular school's requirements for moving on that scale? However, I think that, provided that there was nothing dodgy about your application that came to light later (I am not suggesting that there was) then they cannot rescind the award. My interpretation (which may be wrong - I am not a legal expert) is that you were offered a change in your contract to the higher salary.

    Depending on your school's pay policy, it is possible for your salary to slide gently down the Upper Pay Scale just by not getting any more rises when the scale goes up. It is only the bottom end of the scale that is protected. However, it would take a long time to make a big difference at the current rate of pay rises.

    Whoever blabbed about your rise was wrong. It is possible that somebody is claiming to be being treated unfairly compared with you; if they can make a claim for this being about a protected characteristic, then it could be nasty for the school. But not your problem!
     
    lars likes this.
  6. TheoGriff

    TheoGriff Star commenter

    .

    Could be, could be, @Piranha - these things are always open to interpretation.

    But I looked at it very carefully (nearly said with a fine-tooth comb, but don't think you can look with that!), and it seemed to me that once you were given it you couldn't have it taken away. If you had applied and were awarded you kept it if you stayed.

    The bit I thought would apply was this:

    the teacher applied to a school to be paid on the upper pay range in accordance with paragraph 15 of this Document, that application was successful, the teacher is still employed at that school and there has been no break in their continuity of employment;

    As I see it, @lars applied to be paid on level 3 on the upper pay range, the application was successful . . .

    Having received the letter confirming the move and setting out the criteria achieved, seems pretty foolproof to me.

    But most things in the paperwork that rules our life can be said to be . . .

    [​IMG]

    Best wishes

    .
     
    lars likes this.
  7. Piranha

    Piranha Star commenter

    The official Upper Pay Scale has no levels - it is just a band with a minimum and a maximum. there are official criteria for going onto it, but not for how you move within it. I agree that having the paperwork from the school should make it foolproof, as you say. If the school's UPS3 is defined to be the top of the UPS, then that should be that!
     

Share This Page