My employer delayed my pay increase - can I claim compensation?

becon

I am a teacher with a background in adult education. Several years ago I got a job at a secondary school during the shortage of Maths teachers. To gain Qualified Teachers Status, (QTS), all that the Head Teacher had to do was to complete a form saying I could teach Years 7 to 9. QTS would allow me to apply to move onto what’s known as the Upper Payscale (a £2,000 pay increase).

In September 2003 I gave my Head Teacher the form to fill in and sign. The Head teacher did nothing with the form, and gave no reason for the delay. Eventually, in December 2005, after a *lot* of reminders by me, I was awarded QTS

I then duly applied to move onto the Upper Payscale, giving the Head Teacher a form to complete and sign. Again he delayed and delayed, with no explanation. Eventually he signed the form and I finally moved to the upper pay scale in September 2006.

Because of the delays, not only did I loose over £6,000, but my standard annual pay increases were also lower as they are based on a percentage of my salary, which was of course down £2,000 each year.

I am now considering taking my Head and the school Board of Governors to the Small claims Court for loss of earning totaling a £5000 (the max you can get at the Small Claims Court). Do you think I have a case? Has anyone else had a similar experience with their employer?

A_Nice_Englishman

See http://www.tda.gov.uk/Recruit/thetrainingprocess/achievingqts.aspx

Gaining Qualified Teacher Staus seems to be more than just having your Head sign a form. Perhaps he/she didn't feel you had achieved the necessary standards until December 2005? Even so, the apparent lack of any feedback is rather poor.

I would speak to your Union rep in the first instance. Taking your employer to court is unlikely to enhance your career prospects.

becon

Thanks for your reply, "A Nice Englishman".

I had already got a PGCE (to teach adults). I was employed by the school during the shortage of Maths teachers; all that was required, (at that time), for me to gain QTS, was for the Head to state on a form that I could teach Years 7 to 9.

When I joined the school, I was placed on the maximum point of the teachers Main Pay Scale. To move from the Main Scale to the Upper scale I needed "QTS".

I have been in contact with my Union. They have tried to get my pay backdated to the academic year of my applictaion to move to the Upper Scale (2005/6), but without success. Even if this had been successful, it wouldn't have covered the money I lost during the 2 years delay to get QTS. The union was being conciliatory

dmg24

Taking your employer to court is unlikely to enhance your career prospects.

I have to agree with this point, especially in a close knit profession such as teaching. Sorry x

becon

Sorry, I forgot to say that if the Head felt I had not achieved the necessary standard, he did not tell me. Indeed, I was observed several times, including ofsted.

becon

Thanks DMG. I understand that but at this point I am not looking for career enhancement as I am willing to leave in the next year or two. I just want to make a point.

becon

Thanks for your reply, "A Nice Englishman".

I had already got a PGCE (to teach adults). I was employed by the school during the shortage of Maths teachers; all that was required, (at that time), for me to gain QTS, was for the Head to state on a form that I could teach Years 7 to 9.

When I joined the school, I was placed on the maximum point of the teachers Main Pay Scale. To move from the Main Scale to the Upper scale I needed "QTS".

I have been in contact with my Union. They have tried to get my pay backdated to the academic year of my applictaion to move to the Upper Scale (2005/6), but without success. Even if this had been successful, it wouldn't have covered the money I lost during the 2 years delay to get QTS. The union was being conciliatory

dmg24

Have you put in a grievance regarding this? This would have to be your first step. You have to give your employer the chance to remedy the situation, or at least provide reasons for their actions.

HappyG1rl

If becon is an employee then surely this would not be persued through the small claims court anyway would it? Wouldn't it go through an employment tribunal (assuming it couldn't be resolved at a grievance hearing)?

Or are you self-employed, becon?

HappyG1rl

becon wrote: »

I have been in contact with my Union. They have tried to get my pay backdated to the academic year of my applictaion to move to the Upper Scale (2005/6), but without success. Even if this had been successful, it wouldn't have covered the money I lost during the 2 years delay to get QTS. The union was being conciliatory

Didn't the union provide you with any explanation as to their lack of success in the conciliation process?

Maybe there has just been a total lack of communication in advising you why you couldn't go onto the upper scale? Perhaps you were told in error that it was just a case of the Head signing and sending off your application and that the middle bit about him being in agreement and being able to justify you going onto that scale was left out of the explanation to you?

dmg24

Toots wrote: »

If becon is an employee then surely this would not be persued through the small claims court anyway would it? Wouldn't it go through an employment tribunal (assuming it couldn't be resolved at a grievance hearing)?

Or are you self-employed, becon?

Yes, it should be a Tribunal, missed that paragraph!

Also, if the OP is self employed, you cannot choose to claim a smaller amount just because the small claims track would suit.