The Education (School Teachers' Pay and Conditions) (No. 7) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the School Teachers' Pay and Conditions Document 2001 (“the Document”) to which the Education (School Teachers' Pay and Conditions) (No. 5) Order 2001 (S.I. 2001/2962) gave effect on 1st September 2001.

It makes provision for the assessment and recognition of “fast track teachers” on behalf of the Secretary of State.

A definition of “fast track teacher” is inserted into paragraph 1.2 of the Document. A fast track teacher is a teacher who has been recognised as a fast track teacher by a recognising body which may be appointed by the Secretary of State or be the Secretary of State herself. To be recognised as a fast track teacher the teacher must have been assessed as meeting the competencies and being committed to the values found in Annex 4, be employed or have been employed in a fast track post, not have been subject to any restriction imposed by any of the General Teaching Councils, the Secretary of State or the Department of Education in Northern Ireland at the time of his first appointment as a fast track teacher and not have ceased to be recognised as a fast track teacher. Fast Track Teacher assessments are inserted into the definition of unlawful discrimination.

New paragraph 16.2A of the Document provides that a teacher whose first post following qualification is as a fast track teacher will be entitled to an additional point on the pay scale.

New paragraph 30A of the Document provides for the appointment of an assessment body and imposes a duty on that body and its review officers to exercise their functions without unlawful discrimination.

New paragraph 30B of the Document sets out the procedures for the assessment of teachers against the eligibility criteria set out at Annex 3 and the competencies and values for fast track teachers which are set out in Annex 4. The assessment may take place over more than one stage and the assessment body shall assess whether the teacher meets the competencies and is committed to the values.

New paragraph 30C of the Document provides that a teacher who is not selected for assessment or is assessed as not meeting the required competencies and values may seek a review and if necessary a further review of his selection or assessment which will be undertaken by a review officer or a senior review officer who has had no previous involvement in that teacher’s assessment. The grounds for seeking review are set out in paragraph 30C.2.

If a teacher considers that he has been discriminated against by the senior review officer conducting a further review, he can make a complaint to his employers who if they think the complaint is justified will inform the assessment body who will arrange for a further review by a review officer who will take into account the employers' conclusion regarding discrimination.

New paragraph 30D sets out the circumstances in which the recognising body may cease to recognise a teacher as a fast track teacher. The teacher can seek a review of that decision in accordance with the procedure set out in that paragraph.

The Order amends the professional duties section of the Document to exclude fast track teachers from the Working Time provisions in the Document whilst ensuring that fast track teachers have a daily break.

The Document is published by Her Majesty’s Stationery Office and is obtainable from book shops of the Stationery Office Limited and through booksellers.