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Council withholding my pay!

Discussion in 'Pay and conditions' started by rsjg80, Nov 18, 2011.

  1. I started a new job at a school in Birmingham in September.
    They decided I would be paid on M4, they put it through the governors, through the Catholic partnership and sent me a letter stating my pay. I have worked two years as a full-time teacher and one as a supply teacher (doing around two and a half terms ish of about four days a week).
    However I noticed that my pay was short and I was actually being paid M3. My school got very annoyed at this and phoned up the council as they'd taken it from their budget but not paid me it. They are refusing to pay me as they want proof I'm deserving of M4 and they're refusing to reimburse the school (who said they'd just pay me directly)!
    They want proof of the amount of time I have worked but I know that I wouldn't qualify under that for the extra point as my partner had a similar issue and the requirement is unrealistic for a supply teacher (they want 195 days in a year for a supply teacher!).
    Where do I stand?! I'm annoyed as I've been told I'm getting paid M4, got rented accommodation based on this amount and everyone has had accurate data - the school were the ones I was doing supply for. They are backing me up but getting nowhere and have relunctantly said to just supply them with the data and go from there.
    Aren't they basically withholding wages illegally? The school are allowed to award an additional point on a discretionary basis anyway I thought? Can't I just phone up and say it is illegal and I shouldn't need to prove anything seeing as I have it in writing and it's not wildly out.
    Any help would be appreciated. I also get paid a TLR and the schoolhave toyed with the idea of just increasing that to make up the shortfall to get round the stupid council!!
     
  2. jubilee

    jubilee Star commenter

    That's not how pay progression works.
    Whether you are a contract teacher or a daily paid supply teacher, as long as you were LA paid you go up the payscale based on having been employed in 26 separate calendar weeks. A 'week' for pay progression can be just one day of employment per week.
    If employed ona contract, you count all calendar weeks when you were employed ... even if the entire week was spent on sick leave or was in school holiday periods.
    For daily paid supply teachers, you can only count calendar weeks when you were in a school on at least one day.
    Private agency supply doesn't count unless it was for the LA nominated agency (after the LA closed their own supply register).
    Make a list of the supply work you did between 1st Sept and 31st August of that school year, paid at M3, and if you can establish the 26 calendar weeks of employment (p/t or f/t) you will be eligible automatically for M4.
    If you don't reach the 26 weeks, you should still be able to be paid on M4 as that was what the school agreed with you and they are able to pay more than the minimum to get the candidate of their choice. The LA shouldn't be overriding the school's agreement with you.
    I'd contact your Union if it doesn't get sorted out.
     
  3. Thanks for the reply.
    I was paid by a private supply agency (as most schools choose because they're cheaper!) and know for a fact that they want 195 days a year from the supply agency to count it (despite there only being 190 days when you take away INSET!). I know this because we researched the same stuff with my partner but when he supplied weeks they realised he was well clear of the minimum requirement so changed the requirement to days and wanted 195 days. Whilst it is a separate issue - it does annoy me that a LA agency worker can work 26 days and get a payscale point whilst a private supply worker can work 170 and not!
    But back to this point; that just means I have to read your final paragraph and you're basically backing up what I thought - they can't question what the school have decided to pay me (within reason I suppose) and that I should be getting M4 if everyone has agreed it despite whatthe council are saying. Is there anything I can do before getting union's involved? I'd much prefer to be able to just phone/ write a letter stating x and y and get it sorted asap without having to undertake Industrial Tribunals etc!
    Thanks
     
  4. jubilee

    jubilee Star commenter

    I think I'd just get the Union to back up the school and you by pointing out the M4 offer made when you accepted the job.
     
  5. DaisysLot

    DaisysLot Senior commenter

    You could ask for backing from a union to support a case stating that you would not have accepted the job had they not offered M4, but realistically I don't think you would win. The LEA are correct in that they do not have to pay you M4 as your time on agency supply does not make for a progression year I'm afraid - it seems they are saying that had you worked through agency for a full academic year for a school then they would accept that as a progression year. they are not doing anything 'illegal' in insisting on paying you at the pay point your qualification and experience determines however annoying or disappointing this is.
     
  6. jubilee

    jubilee Star commenter

    .... but schools/Heads are at liberty to offer more than the minimum requirement for a candidate and this school did just that. The LA should not then be blocking that extra pay point that is clearly within the school's budgetary capability.
     
  7. Piranha

    Piranha Star commenter

    If you have it in writing that you are on M4, I can't see how the school can avoid paying you that. I thought that it the LA had to go along with the school's decision, but I may be wrong on that. I agree with the suggestion of contacting your union.
     

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