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FAO Rott Weiler /Nomad

Discussion in 'Workplace dilemmas' started by GLsghost, Sep 3, 2015.

  1. GLsghost

    GLsghost Star commenter

    I think I found the asnwer to the first (eventually) on the NASUWT website. Was it from September 2013 that pay portability stopped?
  2. DaisysLot

    DaisysLot Senior commenter

    I thought it was from September 2014?. but happy to be corrected?

    I'm basing that on the fact the last round of threshold took place in 2013? so folk progressed as before generally and beyond that.
  3. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Hi GLs,

    re Q1, the law on pay portability is in STPCD. It changed from 1st September 2013. Compare STPCD 2012 para 18.3.1/page 53 with STPCD 2013 para 15.3/page 21 and you'll see how the change was made:



    So if you'd moved schools wef 1/9/2013 you wouldn't have been entitled to Pay Portability (unless of course the school had retained pay portability in its own pay policy, as probably the majority of schools did).

    The box at top of p20 in STPCD 2013 explains the transitional arrangements for staff whose pay progression/threshold in 2013 depended on their performance in 2012/13, which is what I think Daisy had in mind.

    STPCD 2013 deals with the specific point about having been on Leadership and going back to UPS in para 17.2.(d)/page22. It applies only within the same school. I'm sure there was an equivalent provision in earlier STPCD but couldn't immediately see where it was.

    STPCD is given legal effect by an annual STPCD Order - this is the 2013 Order


    re Q2, my law isn't up to suggesting an answer to that one I'm afraid. I always find the CPS guidance to prosecutors helpful....this what they say about Misconduct in Public Office


    One question would be whether a head who misled Ofsted was acting qua governor or acting in their capacity as headteacher (ie, as an employee not as a public office holder).
  4. GLsghost

    GLsghost Star commenter

    Much obliged, Rott Weiler.
  5. nomad

    nomad Star commenter

    Hi GLsghost. Sorry - just noticed this post.

    I have not heard of any HT charged under this Act after deliberately misleading Ofsted.

    I have doubts whether this charge would stick if the purpose of misleading Ofsted was simply to 'save' the school from goung into measures of losing a good Ofsted rating.

    This is because in all three classes of fraud, it requires that for an offence to have occurred, the person must have acted and that they had to have acted with the intent of making a gain for themselves or anyone else, or inflicting a loss (or a risk of loss) on another. This "gain" or a "loss" is defined to consist only of a gain or a loss in money or property. This financial aspect is key.

    If it could be proved that the HT had falsely represented facts in order to gain a good Ofsted report in order to increase his or her salary, for example, then I suppose there may be grounds for a conviction. Otherwise, I suspect not.

    Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff.

    In the Baby P case, there was clearly a plaintiff. If a HT had deliberately misled Ofsted in order to get a good inspection report, I am not sure who the plaintiff would be. In addition, not all HTs are governors - they can choose whether or not to be on the governing body.

    Hope that helps.
  6. GLsghost

    GLsghost Star commenter

    Many thanks for your considered response, Nomad. I had a particular reason for musing about this - but I'll explain in a PM.
  7. foxtail3

    foxtail3 Star commenter

    I left full time teaching on UPS3 in August 2010. I had been on UPS3 for ages, but never on leadership scale, despite being part of SLT.

    I was asked to do part time in September 2011 at another school and was on UPS3 until January 2014, when the school became an academy. I left in March.

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