ANNUAL CONFERENCE 2012 – DECISIONS - CONTENTS
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EMPLOYMENT CONDITIONS RIGHTS
New Performance Management and Capability Arrangements ………….02-03
Misuse of Capability Procedures ………………………………………………04
Teacher Workload ………………………………………………………………..05-06
False and Malicious Allegations Against Teachers ………………………..06-07
SALARIES, SUPERANNUATION & EDUCATION ECONOMICS
Priority Motion: Defence of National Pay & Conditions for Teachers …..07-09
Sixth Form Colleges ……………………………………………………………...09-10
EDUCATION: GENERAL
Ofsted ………………………………………………………………………………..10-12
Our Vision for Education …………………………………………………………12-13
EDUCATION: PRIMARY/EARLY YEARS
Year One Phonics Check …………………………………………………………13-14
EDUCATION: SECONDARY
Youth Unemployment ……………………………………………………………...14-17
EDUCATION: SPECIAL EDUCATIONAL NEEDS
Inclusive Education ………………………………………………………………..17-19
EDUCATION: PRIVATISATION
Academies and Free Schools …………………………………………………….19-21
Academies …………………………………………………………………………..21-23
Primary Academies ………………………………………………………………..23-24
STRATEGY, FINANCE & COMMUNICATIONS
Priority Motion: Pensions ………………………………………………………….24-27
Trade Union Rights …………………………………………………………………27-28
Government …………………………………………………………………………29-30
The Economy ……………………………………………………………………….30-32
STRATEGY, FINANCE & COMMUNICATIONS/WALES/CYMRU
Baseline Assessment ………………………………………………………………32
INTERNATIONAL RELATIONS
Solidarity with Egyptian Workers ..………………………………………………33-34
EQUALITY
Resisting Racism …………..…………………………………………………….34-36
EQUALITY CONFERENCES
Racist Abuse and Discriminatory Practices …………………………………..36-38
Disabled People and the Coalition Government …………………………………38
Defending LGBT Equality …………………………………………………………..38-39
ORGANISING & MEMBERSHIP
Representing Members and Maintaining a Lay Led Union …………………….40-41
A Woman’s Place is in the Union ………………………………………………….41-42
RESOURCE MANAGEMENT
Memorandum of the Executive: Annual Conference: Recommendations42-43
ANNUAL CONFERENCE 2012 – DECISIONS (DRAFT)
EMPLOYMENT CONDITIONS AND RIGHTS SECTION
New Performance Management and Capability Arrangements
Conference condemns the changes to appraisal and capability arrangements which have been introduced by the Government, in particular the promotion of a flawed model policy to schools in England.
Conference believes that the key revisions to current arrangements represent a very significant threat to the wellbeing, health and work-life balance of teachers. In particular we note with extreme concern that:
1.The removal of the 3-hour rule contained in regulation 17 which imposes a limit on the time during which a teacher can be observed for the purposes of performance management;
2.The encouragement to use probationary periods and other employment flexibilities;
3.A proposal that schools be required to provide prospective new employers of teachers on request with details of any capability proceedings to which the teacher has been subjected;
4.The replacement of the requirement to consult with staff and unions on pay and performance management policies with guidance which indicates that ‘it is good practice to consult staff on appraisal policies’;
5.The linking together of performance and capability into one streamlined process;
6.The exclusion of teachers on contracts of less than one term from the PM process with implications for their pay, promotion and career;
7.A weakening of the rights of teachers to a fair appeals process.
Conference further notes that in a Union survey conducted in May 2010 81% of members stated that a limit on observations would reduce their workload and 80% of reps said that this would improve their quality of life.
Conference believes that proposals which expose teachers to, amongst other things, unlimited observation and monitoring will cause immense damage to the profession, increase stress and illness and drive thousands of teachers out of the job. Many teachers have little or no idea about the implications of capability procedures and find themselves in a very distressed state before a formal procedure has even begun, which compounds their situation.
Conference further believes that, as well as being a workload issue, there is seriously flawed educational thinking behind much of what goes on in lesson observations, particularly around the area of “pupil progress”, which reflects a deficit model of how children learn. Conference rejects the notion that “pupil progress” can be neatly measured in discrete segments of time which equate to the length of a lesson observation, drop in or learning walk. Conference instructs the Executive to ensure that the Union’s work and materials relating to this issue reflect both the workload and educational aspects.
Conference reaffirms its support for the Union’s lesson observation protocol and welcomes the decision to make this the focus of our workload campaign. Conference congratulates those school groups and divisions who have been successful in securing the adoption of the Union’s protocol.
Conference believes that the Government’s proposals require a collective national response. Conference, therefore, instructs the Executive to revise existing model performance management advice and model policy to include the following:
(i)Separation of performance management and capability;
(ii)Opposition to the use of probationary period for teaching posts outside the normal induction process for NQTs;
(iii)Draw up a resource which will guide members, in plain language, through the processes of both performance management and capability procedures, and which points them in the direction of the appropriate means of support at the appropriate time;
(iv)Opposition to the use of appraisal statements in the recruitment and selection process for teaching posts;
(v)Reaffirmation of clear limits to lesson observation in line with existing Union policy;
(vi)A continuing requirement on schools to consult with staff and unions on pay and performance management policies;
(vii)The right of teachers to an open and fair appeals process;
(viii)The inclusion of all teachers, including those on contracts of less than one term, in arrangements which affect their pay and access to CPD.
Conference further instructs the Executive to:
a.Prepare acceptable and separate models for appraisal and capability, with the focus on staff development, for use in all schools, colleges and academies where members are threatened with unacceptable procedures;
- Develop strategies to promote the retention of fair procedures in schools, colleges and academies; and
- Develop a strategy for nationally co-ordinated industrial action, including strike action and action short of a strike (such as withdrawal of co-operation), at local authority and school level, where schools, academies and colleges refuse to adopt acceptable arrangements or where local authorities refuse to recommend acceptable arrangements.
d.Seek discussions with the other teacher unions with a view to agreeing a co-ordinated approach to this issue.
Misuse of Capability Procedures
Conference notes with concern the increase in the use of Capability Procedures as a means to prematurely terminate the employment of growing numbers of our teachers. This is in the context of new Capability regulations to be implemented by the Department for Education from September 2012 that are likely to increase the misuse of Capability Procedures.
This unfair and potentially discriminatory practice is largely affecting teachers aged fifty-plus, and of that group, a predominance of women teachers. Many of these teachers have not had adverse Ofsted observations and are usually Upper Pay Spine teachers.
Frequently, the individuals have not been identified via the existing Performance Management procedures or even using agreed classroom observation protocols. At times our members are subjected to harassing and demeaning treatment, to destabilise them first, often culminating in deterioration in their mental and physical health. Instead of support and encouragement, our members find that a negative monitoring outcome often leads to a stress related absence.
The revised Ofsted criteria proposed by Sir Michael Wilshaw, the Chief Inspector of Schools, which replace the ‘satisfactory’ grading of teaching with ‘requires improvement are a pernicious new means of using capability procedures to control classroom teachers in particular. They will become a constant pressure on headteachers to use capability procedures more frequently to ‘help’ teachers improve, when in practice what is taking place is systemic bullying of all teachers not judged good or better. This will particularly be in the case of schools below floor targets or in Ofsted categories. The impact of this on teacher workload, teacher creativity and teacher stress will be significant and debilitating.
Arising as it does at a time when traditional voluntary routes to leaving teaching are not an option, this is an alarming trend. Ill health retirement is becoming rarer, and early retirement comes with punitive actuarial reduction.
Furthermore, with Government intent on raising retirement ages for public sector employees to equal that of eligibility for the State Pension, this is an issue of growing significance.
Consequently, Conference calls on the Executive to:
1.Survey associations, divisions and Regional Offices to establish the severity and extent of the problem;
2.Ensure the provision of thorough briefing for case workers;
3.Provide a briefing to all members on what to do if they are graded as ‘requires improvement’ by Ofsted.
4.Provide all possible support for members unfairly affected;
5.Seek legal redress against schools and individuals treating members unfairly.
6.Support ballots for action, including strike action, in schools which use oppressive measures against members.
Teacher Workload
Conference notes that despite the promises made at the time of the ‘workload agreement’, excessive workload, both in terms of overall hours and the intensity of work within those hours, is becoming worse, not better. This is in clear breach of the “commitment to secure downward pressure on excessive hours” contained in the Pay and Conditions Document.
Conference fears that the government's cuts programme, the so-called ‘standards agenda’ and further attacks such as the worsening of performance management arrangements, will all contribute to a further deterioration in levels of workload and stress.
Conference is angered by the comments made by the Secretary of State for Education (Michael Gove) that teachers should welcome even longer working hours. Conference is clear that teachers already face excessive workload and that this is not only damaging to both staff health and well-being but also reduces the quality of education that teachers and schools can provide. Instead of extending hours, Government should be investing in education through recruiting more qualified teachers, allowing schools to increase PPA time and reduce class sizes, so as to both cut teacher workload and improve education.
Conference notes that these threats to increase working hours are just one part of a barrage of threatened Government attacks on the pay and conditions of teachers. When considering an action strategy against these threats, Conference instructs the Executive to consider the benefits of combining a number of separate issues in a single action ballot, rather than issuing separate ballots for action over each separate issue.
Conference notes the motions and policies agreed at previous Annual Conferences recognising that alongside defending pay, pensions, opposing cuts and the expansion of Academies and FreeSchools, tackling excessive teacher workload and the resulting stress must remain one of the key objectives of the Union.
Conference is also aware that the Government and some local authorities have indicated clear intentions to modify the school year and the school day. In Nottingham City the Council’s decision to impose a 5 Term Year have been met with dismay by a vast majority of the school workforce. Our members recognise the essential function of a summer break sufficiently long to allow teachers and pupils to gain proper rest and recuperation. Conference:
a.Rejects the unsubstantiated claim that a shorter summer break would reduce ‘learning loss’;
b.Notes that demands on teachers are so high during term time that the longer summer break is an essential factor in a teacher’s management of excessive workload and work stress;
c.Believes that reduction in the present summer break would cause a deterioration in both pupil learning and the well-being of teachers.
Conference recognises that the Union has acted on Conference policy by:
1.Drawing-up a model work-life balance policy;
2.Highlighting key workload objectives in union publications;
3.Developing a model contract setting out the Union’s workload objectives.
However, Conference recognises that the Union has to develop a far more effective strategy to make sure that these policies and objectives are implemented in practice. Conference therefore instructs the Executive to draw up an action strategy for implementation over the coming year, which should include:
(i)Highlighting the Union’s support for school groups wishing to ballot for action where negotiation has failed to resolve workload issues;
(ii)Seeking to coordinate ballots across schools where possible;
(iii)Seeking to identify key workload issues which could provide the focusfor wider campaigns, up to and including national ballots for both non-strike sanctions and strike action to secure concrete gains around these issues;
(iv)Approaching other teacher unions to seek to develop a united action strategy;
(v)Holding regional reps briefings to energise and make effective such aworkload campaign, alongside the other key campaigns being conducted by the Union.
(vi) Resisting any national or local attempts to impose changes to the school year or day against the professional judgement of teachers.
False and Malicious Allegations Against Teachers
Conference notes that the Coalition Government has included a provision in the Education Act 2011 that teachers should be granted anonymity when facing allegations until they are formally charged by the police. This ‘protection’ was already in place and in fact does not protect teachers. Furthermore, protection is limited, applying only to allegations by pupils at the school in which the teacher works”.
Conference believes that teachers and school staff face much greater exposure and threat of false and malicious allegations than other groups of workers and therefore there are special circumstances which warrant that education staff should be treated differently. Indeed, the DfE website claims that 1 in 4 education staff is subject to allegations and only a tiny minority are justified.
Conference recognises that this is a complex issue and will always want to have procedures which protect children from those who do them harm but this must not come at the expense of innocent teachers who are falsely accused and not given proper protection. The impact on members and their families while investigationstake place are devastating and in some cases life threatening. Even when there is no case to answer, the consequential publicity is extremely stressful and difficult to counter. Allegations can be made by young people and their families with little knowledge of or regard to the impact these allegations can have on health and careers.
Conference is extremely concerned by the lack of consistency in procedures for dealing with allegations made against teachers. Even when there is no case to answer and allegations are found to be false or malicious, many local authorities and schools carry out another investigation; further lengthening the suspension and reducing the likelihood that the teacher will ever be fit to return to work. Proper records must be kept to ensure that innocent teachers are exonerated and that perpetrators of malicious allegations are held to account for their actions.
Strong sanctions must be applied to those young people and their families who make false and malicious allegations in order to protect staff and those young people who may have genuine cause to complain about adults who abuse them.
Conference instructs the Executive to:
- Carry out a survey of associations and divisions to gather information to illustrate the unfairness of the current procedures and the extent of the issue;
- Use this information to mount a publicity campaign to make Government and the public aware of this injustice;
- Use all means available to the Union to fight for and protect those teachers who are falsely accused; and
- Ensure that members have the financial support to mount a robust defence and that suitably trained legal professionals are available to give the best possible protection.
SALARIES, SUPERANNUATION AND EDUCATION ECONOMICS
PRIORITY MOTION
DEFENCE OF NATIONAL PAY & CONDITIONS FOR TEACHERS
Conference declares its complete opposition to the Government’s intention to attack the national pay and conditions arrangements for school teachers.
Conference recognises that moves towards localised pay are inextricably linked with the attack on pensions and constitute a further step towards the fragmentation and privatisation of the education system. Conference reaffirms the NUT’s commitment to fully funded, democratically accountable state education.
Conference affirms that national pay and conditions arrangements help ensure fairness and transparency, support recruitment and retention and promote coherent career development. Conference commits the Union to fight to retain national pay and conditions for school teachers.
Conference deplores the moves being made across the public sector to introduce “local pay” in place of the existing national pay scales. Local pay is simply a further attempt by Government to cut the pay of public sector workers. Cutting wages will harm economic recovery, while local pay in teaching will harm recruitment and shift existing teacher shortages around the country. Previous STRB consultations have shown consistent opposition from governors and head teachers to regional and local pay scales and pay bargaining. The private sector does not use regional pay and neither should the public sector.
Conference also deplores the Secretary of State’s intentions to promote further “pay flexibility” and performance related pay in teaching. Existing discretion over teachers’ pay, such as the TLR payments system, has reduced transparency and equity and promoted decision-making on budgetary grounds without providing any recognisable benefits. Links between pay and performance management are in many cases applied unfairly but are in any case wrong in principle and contrary to the collegiate working necessary for successful teaching. Conference believes that greater “pay flexibility” would lead to further pay cuts, substantial and unjustified pay inequality and destructive competition between schools for staff. Conference reaffirms the Union’s complete opposition to performance related pay in teaching and its commitment to the removal of all such links.
Finally, Conference deplores the continuing pay freeze for school teachers and other public sector workers and the plans to extend pay restraint across the board in the coming years. Conference reaffirms the Union’s commitment to fair pay for teachers and its willingness to fight to oppose the extension of pay restraint and to secure the restoration of teachers’ pay.