PUBLIC SECTOR PAY
High Court ruling on teachers' performance pay
A Judicial review brought by the National Union of Teachers (NUT) found on 14 July 2000 that the Government had not followed the correct procedures for consultation when introducing its pay reforms for teachers.
Mr Justice Jackson found that David Blunkett, secretary of state for education, in setting standards for performance-related pay had bypassed the School Teachers' Review Body (STRB), Parliament and the Welsh Assembly.
The judge declared that the draft Pay and Conditions Order, which in essence rewrote teachers contracts, was a hybrid and legally flawed document.
Parliament requires any significant contractual powers to be the subject of scrutiny. The Secretary of State has evaded that scrutiny, said Mr Justice Jackson.
If I do not make an order (quashing the Government's orders) this Court will be allowing contractual provisions to be foisted upon 197,000 teachers in a manner not authorised by Parliament.
Key quotes
NUT claims historic victory in High Court
Statement by Doug McAvoy, NUT general secretary, 17 July 2000:
NUT members should be proud of this historic judgement. The Government has been shamed, found by the High Court to have 'evaded the STRB, Parliament and the Welsh Assembly'. The Government and those who criticise the union must understand, as did the judge, that any system of teachers' pay which from the outset was illegal, could never be fair and just.
Government remains committed to performance-related pay for teachers
Statement in Parliament by Rt. Hon. Estelle Morris, Minister for School Standards, 17 July 2000:
As a result of action by the National Union of Teachers, the High Court ruled on 14 July 2000 that the standards were invalid because they should have been formally referred to the review body and set out in an order. The court also ruled that duties on school managers to carry out threshold assessment were unlawful because the consultation exercise on the draft duties had been too short . . . We intend to press on with paying good teachers more money within the correct legal framework with as little delay as possible.
The DfEE has decided not to appeal against the High Court judgement
Letter to all headteachers in England and Wales from Rt. Hon. David Blunkett, Secretary of State, 26 July 2000:
I want to resolve the situation as quickly as I can and have therefore decided not to appeal against the High Court judgement. I am now referring the threshold standards and assessment procedures to the School Teachers' Review Body in accordance with the judge's view that the threshold standards form part of the teachers' contractual terms and that they should be put on a statutory footing. I have asked the review body to make recommendations in the Autumn.
Want to know more?
Department for Education and Employment: the DfEE has launched a web site to give you access to the latest information on its plans to introduce performance-related pay for teachers in England and Wales.
To browse all the latest developments, including the DfEE's response to the High Court ruling . . . www.dfee.gov.uk/teachingreforms
National Union of Teachers: this excellent web site from the UK's biggest teachers' union contains extensive background material and research on the government proposals to introduce performance-related pay, together with numerous links . . . http://www.teachers.org.uk/