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Working in EU

Discussion in 'Pay and conditions' started by Mr Madam, Mar 6, 2011.

  1. Hi Folks,
    Having resigned a job in the UK on M4 to teach in Europe, I now want to return to the UK again to teach. During my time on the continent, I have taught at the same establishment for two years.
    Does a future UK employer (assuming there are any!!) have to take my 2 years into consideration when putting me onto the pay spine (M5 or M6) or does service abroad not count (M4)?
    I have read the 2010 Pay and Conditions Booklet but the legalese has me baffled?
    TY in advance for any pointers,
    MrM
     
  2. tafkam

    tafkam Occasional commenter

    If you completed a whole year (or at least 26 weeks) on M4, then you would be entitled to M5 on your return. There is no requirement to otherwise recognise you overseas service.
     
  3. Crowbob

    Crowbob Established commenter

    I am not questioning tafkam at all, but I do think the service requirements do raise an unanswered legal question.
    It is not as clear cut to me that you can simply refuse to take into account comparable work undertaken in other Member States. That would seem to raise the question over whether there has been a breach of Article 45 TFEU on the free movement of workers. Now, free movement of workers is not my area of interest but it does make me wonder...
    The Court of Justice has made it clear in Kobler that free movement of workers is not only about migrant workers from other Member States but also there is a potential breach where an established worker would be dissuaded from leaving their own Member State by a national rule or practice. Indeed, the facts of Kobler are not so different to the issue raised by the OP. The UK could seek to justify the rule on public policy grounds, but I wonder whether they would be successful (in Kobler the length of service increment was not held to be justified).
    I doubt this will affect the outcome if the OP got offered a job (he/she is unlikely to be so forceful as to suggest the potential employer is breaching EU law) but I do wonder on the compatibility of the 26 weeks rule with EU law...
     
  4. tafkam

    tafkam Occasional commenter

    Do you know, Crowbob, the thought did cross my mind as I posted it earlier.
    As it stands, because work carried out in independent schools, or through agencies, doesn't have to be counted, I suppose it could be argued that overseas work is the same. But equally, as you mention, one has to question whether state-paid employment in an EU member country ought to be treated the same as state-paid employment in England.
    By extension that then raises questions about the move from English to Irish or Scottish systems and back, which are often treated differently from EU issues.

    But the essence is the same - short of some test case to prove otherwise, your school won't be obliged to recognise it.

     
  5. Crowbob

    Crowbob Established commenter

    I would be interested to see the result of such a test case. Knowing how the ECJ tends to treat these issues, I find it hard to find justification (in the EU law sense of the word) for the rule.
    Moves between England/Scotland/NI would be regarded as "purely internal" situations and would not raise EU law problems. It goes to show, sometimes, that EU law moves in mysterious ways.
     

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