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Do I have a right to complain? MP6a - UP1

Discussion in 'Pay and conditions' started by HyperBunny, Nov 20, 2017.

  1. HyperBunny

    HyperBunny New commenter

    Sorry if this sounds like I am waffling.

    Background: I came back from maternity leave after having my first child in January 2017. I went from full time to part time (3 days) and moved from UPKS2 to LKS2. The teacher I was sharing with was an NQT, who went from teaching the class full time to part time. The teacher had found another part time job at another school. I was told (unofficially by LMT) that the NQT was struggling with the behaviour, assessment and the parents. He was offered support but didn't always take it. It was implied that he knew what he was doing but didn't. I found him easy to work with and we discussed planning, behaviour and assessment over emails etc. Personally, I thought the autumn am7 data to be slightly higher, our yr group partner said at the time she thought they seemed right but now not so sure.

    He left to go full time at another school Feb half term. I was then given long term supply, who had worked with the school before.

    Might add I got pregnant again and due to it being a high risk pregnancy, I had three days off due to tests (had to rearrange parents eve) and I two appointments later in the summer months, which I had to go to.

    So, my reason for posting!
    I met my co ordination role, partially met the whole school target but failed the class target.

    I am happy to take ownership of the results and progress the class met when I was there. They made tonnes of progress but not the 98% they wanted!

    However, I did say during my per man that, obviously it has been a tricky time for the class as they have had three main class teachers as well as the ppa covers.
    Plus, for the first term, we went swimming one day a week (when we came back, we had a 30 min grammar lesson, then lunch, 40 min maths lesson and then it was assembly and golden time). There was time out (half day) for usual ppa and extra ppa to have with year group partner and co ordination time. Also the special days where a visitor came in or there was an event etc.

    Technically on paper, I taught around 69 days. If you take out the rest of time, I taught the poor chn less than that.

    I was meant to be moving to up1. I didn't have anything to say I hadn't made it but I thought due to the above it would be taken into consideration. I am now on maternity again. Do I have a case to review my performance management? I am yet to speak to my union.

    Any advice welcome.
  2. JohnJCazorla

    JohnJCazorla Star commenter

    To answer the question at the top, Do I have a right to complain?

    You should have but read the relevant school policy. Catch is that it is probably just appealing to the Governors who might not necessarily take your view. Then again you know the answer if you don't try.

    Definitely union, you need an experienced voice who can represent you and knows precisely how you stand legally.
  3. HyperBunny

    HyperBunny New commenter

    Thanks. You are right about the policy part. I will ask a friend at work to email me a copy. We don't have an actual union rep at school but that shouldn't matter should it?

    Thanks again.
  4. JohnJCazorla

    JohnJCazorla Star commenter

    Doesn't matter at all, also as an ex-union rep myself I would immediately pass such as this upwards as it takes an experienced regional rep to argue your case. So call such as soon as possible.
  5. Piranha

    Piranha Star commenter

    Do you mean that the school had agreed that you would move up based on your performance and their pay policy? Or just that you were in a postion to apply? If the latter, you need to look at your school's pay policy closely to see if you did meet the criteria for going to UPS, or if it discriminates against women on the grounds of pregnancy. If you thinkk you have a case, you can certainly appeal, but I would get your union involved.
  6. HyperBunny

    HyperBunny New commenter

    I was eligible to move through threshold, I'm guessing If I passed the objectives. My argument is that I now feel (hindsight is a wonderful thing at 3am!) I was penalised because of what happened with the class and my situation. It was never really discussed properly with me and I also never asked...silly me. There was also another teacher who came back off may leave same time as me and passed her objectives. Different class (well known for being bright and great behaviour - not that that should matter) but I think I will be compared to her. Well so and so did it so should you...
  7. modgepodge

    modgepodge Established commenter

    Definitely get your union involved at regional level. I was in this situation last year - passed 2 out of 3 targets, they said I hadn't met the other one (subjective target so could argue either way) . I had done everything in my control to meet the third target but I don't believe jt was possible for me. Seems so unfair you can be held back when you JUST miss one out of 3 targets...no reward for the good things you do, just held back if you don't do one thing perfectly - and often as you say, it seems out of your control. This is why so much data in primary schools is falsified!!
  8. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Yes, what JJC says. Be guided by your union but I'd think it's not a complaint you should be making but a Pay Appeal under the school pay policy. Pay policies must include an appeals procedure. Alternatively your PM policy might have an appeal procedure

    In view of your comment that "I was eligible to move through threshold, I'm guessing If I passed the objectives" I'm wondering if you have done everything that you need to have done before making a pay appeal. Most pay policies require you to apply to go through threshold. It doesn't happen automatically even if you have met all your objectives. What does your policy say?
  9. Piranha

    Piranha Star commenter

    STPCD does not mention objectives in determining moves onto UPS it says:

    An application from a qualified teacher will be successful where the relevant body is satisfied:
    a) that the teacher is highly competent in all elements of the relevant standards; and
    b) that the teacher’s achievements and contribution to an educational setting or settings are substantial and sustained.

    As @Rott Weiler points out above, most schools have a policy on application for UPS. This is likely to have to include evidence for the above. So, you can meet your objectives and not go onto UPS. However, failing to meet an objective may well be seen as a sign that point a) is not met.

    BTW, have you looked up your school's policy? If you were supposed to apply but didn't, then the school could not be expected to tell you that you were not moving on to UPS. If you did apply, they should have told you you were not moving and said why.
    Rott Weiler likes this.
  10. HyperBunny

    HyperBunny New commenter

    This is really interesting and thank you all for taking the time to respond. I've been naive about it all.

    We have to fill in a self evaluation questionnaire each year which identifies our strengths/weaknesses and therefore training ops etc. We either put a plus or cross against the standards if we feel we have met them or exceeded them.

    I started my career at the school as an NQT. I've since been an NQT mentor, mentored work placement students, supported many colleagues with their own subject area, elevated my own, brought new initiatives to the school (although I was the ideas person and helped to install but didn't push it through as a subject co - hope that makes sense), I've organised after school clubs, stayed late for extra work/club/meetings/discos etc etc. - I realise most of this is part and parcel.

    Anyways, when my form came back - LMT signs off on your self evaluation form either agreeing with you (not adding anything) or with a suggestion. On top of my form from head was ups eligible

    I didn't know I had to apply as I thought it was a natural transition.
  11. Piranha

    Piranha Star commenter

    Sorry, it never has been. Under the old rules, you had to apply, and most schools (all?) have kept this going. The logic was that more was expected of a UPS teacher (especially the wider contribution to the school) so it was up to the teacher to decide if they wanted to try to move. Some didn't.

    It is a bit late for you, but I hope that others reading this will realise that every teacher should be familiar with their terms and conditions - STPCD and Burgundy Book (where applicable), their own contracts and their school's policies, especially on pay.

    To the OP, I am sorry it has worked out like this. It may not be much consolation, but you should be well placed to make a good application in the future.
    strawbs and wanet like this.

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