Report - September 2014

THE MAGAZINE FROM ATL, THE EDUCATION UNION

WWW.ATL.ORG.UK

SEPTEMBER 2014 £2.50

Below the

surface

The challenges of working in education with a hidden disability

FINAL WORD

JOOLS HOLLAND

The musician and TV presenter on the power of music

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IN PROFILE

CRUNCH TIME

It’s time for the profession to reclaim education, says ATL’s new president

E D U C AT I O N P O L I CY

GOVE REVIEW

General secretary Mary Bousted on Michael Gove’s legacy

19/08/2014 15:09

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19/08/2014 07:10 14:56 23/01/2014

Contents UPFRONT

Y O U R AT L

4 UPDATE

21 USEFUL CONTACTS

9 AGENDA

SUMMER CONFERENCES

ATL on the one per cent pay rise, and members awarded outstanding teaching awards

How to get in touch with ATL

23

Members gather across England to share their views with ATL

General secretary Mary Bousted on Michael Gove’s education legacy

25

The view from…

11 WALES AND

LEGAL ADVICE

Compensation procedures in unfair dismissal cases

NORTHERN IRELAND

26

Philip Dixon and Mark Langhammer give their views at the start of the new term

YOUR VIEWS

ATL members on easy qualifications, the new education secretary, and a group hug

F E AT U R E S

Spotlight on…

27

CROSSWORD

Your chance to win a £50 Marks & Spencer voucher

12 BELOW THE SURFACE The reality of hidden health issues for education staff

28

NOTICEBOARD

Information, events and opportunities to get involved

29

16 IN PROFILE

YOUR RESOURCES

19 HOW TO…

FINAL WORD

Report meets new ATL president Mark Baker

Take a fresh look at setting homework

Report is the magazine from ATL, 7 Northumberland Street, London WC2N 5RD Tel: 020 7930 6441 Fax: 020 7930 1359 Email report@atl.org.uk or membership@atl.org.uk Website www.atl.org.uk Editors Alex Tomlin, Charlotte Tamvakis Report is produced and designed for ATL by Think Publishing, The Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL Tel: 020 8962 3020 Email: atl.report@thinkpublishing.co.uk Production editor Laura Evans Art director Darren Endicott Designer Nikki Ackerman Advertising sales Michael Coulsey, 020 8962 3020 Account manager Kieran Paul Managing director Polly Arnold

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Publications and ATL’s new CPD programme

30

Jools Holland on encouraging everyone to play an instrument

ATL accepts no liability for any insert, display or classified advertisement included in this publication.

While every reasonable care is taken to ensure that all advertisers are reliable and reputable, ATL can give no assurance that they will fulfil their obligation under all circumstances.

The views expressed in the articles in Report are the contributors’ own and do not necessarily reflect

ATL policy. Official policy statements issued on behalf of ATL are indicated as such. All rights reserved.

Material contained in this publication may not be reproduced, in whole or in part, without prior permission of ATL. Cover illustration: Michelle Thompson

Welcome ALISON SHERRATT, IMMEDIATE PAST PRESIDENT, ATL I do hope you enjoy this new-look issue of Report. As we meet again in the new academic year, it is a turning point for many. There are those who have just qualified and are embarking on a new career, those who have moved on to jobs in different settings, and those who have, after many years in education, entered into retirement.

We also welcome colleagues who are just starting on the training route to become an educational professional.

It is a transformation for me too as I become immediate past president of ATL. I thank everyone, members and staff, for helping to make my year as president so special.

I am extremely pleased and proud to hand on the president’s baton to Mark Baker, who will lead you through the next academic year. As you will see from page 16, we are in safe hands.

But education is in your hands too and ATL needs to continue to hear your voice so it can act on your behalf.

You can be an active member of ATL in so many ways: by joining the #ShapeEducation campaign; taking part in online surveys and writing to Report (see page 26); joining specialist email groups run by our policy department (www.atl.org.uk/getinvolved); and attending local branch meetings.

We are heading into a general election year armed with ATL’s manifesto that many MPs and other leaders in education will now have seen. It contains a clear message from our members about the way we want to see education moving forward. Let us work hard to make it so.

JOIN THE DEBATE…

@ATLReport facebook.com/ATLUnion report@atl.org.uk

Report, ATL, 7 Northumberland Street, London WC2N 5RD

19/08/2014 15:10

IN WORDS

IN NUMBERS

“I THINK YOU HAVE TO UNDERSTAND STUDENTS; YOU HAVE TO MAKE THINGS RELEVANT TO THEIR LIVES”

32

The number of years ATL member John Glover has worked at The Knights Templar School in Baldock, Hertfordshire. In June, John received an MBE for his services to education

IN BRIEF

Top teachers Four ATL members have been recognised for their inspirational work with a silver teaching award Jane Westlake (pictured above, top left), 47, has been named an outstanding new teacher of the year in the annual Pearson Teaching Awards for her work at Kilgarth School in the Wirral. She achieved QTS as a maths teacher after more than 10 years as a teaching assistant at the school.

Jane said: “I strive to make a difference to the lives of our pupils, it’s why I became a teacher and it’s lovely to be recognised for this. But the best reward is being part of, and celebrating, the successes of our pupils.”

Three ATL members received an award for teacher of the year in a secondary school. John Burgess (above, bottom left), science teacher, curriculum leader and associate assistant head at Northfield School and Sports College in Billingham, County Durham, trained as a teacher after 12 years in the pharmaceutical industry. The 48-year-old said: “I was very 4 REPORT | SEPTEMBER 2014

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surprised to hear I’d won. I think you have to understand students; you have to make things relevant to their lives.”

John Andrews (above, top right), 30, who teaches health and social care at Featherstone High School in west London, where he is also the school nurse, said: “When I was surprised in assembly with the award, I couldn’t speak.

I’m really just doing my job; I think it’s important every child is involved.”

Maths teacher Steve Trubacik (above, bottom right), 51, who worked in IT programming before becoming a teacher 19 years ago, said: “It was a surprise.

I’m very privileged to get to work with Year 12 and 13s, and a lot of these students are going to top academic universities.”

Pearson Teaching Awards will announce their gold teaching award winners in a televised ceremony in October.

IFL CLOSURE The Institute for Learning (IfL), the professional body for teachers working in FE, announced its closure in July.

Commenting, ATL general secretary Mary Bousted said: “It is important FE lecturers have a professional body to put them on an equal footing with professions such as primary and secondary teachers, nurses and doctors.

“The IfL played a significant role for FE staff. We hope the Education and Training Foundation builds on the IfL’s work and continues to improve the status of lecturers in the FE and skills sector.”

REFOCUS TO RAISE STANDARDS Teaching quality, not school structures, is what matters, ATL told a conference looking at what the political parties should promise on education in their 2015 manifestos.

Speaking at think tank Policy Exchange’s event in June, ATL general secretary Mary Bousted said: “Within the 20% or less of the variation in performance attributable to the school, by far the largest factor is the teaching practices of staff.

“It is good teaching, rather than good schools, that makes the difference. By raising the quality of teaching, you will raise standards,” she said.

Read ATL’s education manifesto at www.atl. org.uk/manifesto.

Creating a buzz An ATL member has received an MBE for his work supporting outdoor education during a career spanning more than three decades at a Hertfordshire school.

John Glover (pictured above), who taught for 32 years at The Knights Templar School in Baldock, received the award in the Queen’s birthday honours in June. The 56-year-old said: “When I first came to the school, there were about eight children involved in outdoor education and I have built on that slowly.

Outdoor education boosts confidence, it’s something the kids can feel good about, and they can put it on their CVs alongside their other grades.

“The MBE was a surprise. I got a letter, but I thought it was a wind-up. Teachers wanting to get involved in outdoor education should just get stuck in. There are a lot of things that will get in the way and hoops to jump through, but the kids will get a buzz out of it, and if you don’t like enthusing kids then you’re probably in the wrong career.

I have had brilliant headteachers who have supported me.”

John retired as head of humanities in July, but is staying on to continue his work supporting outdoor education and the Duke of Edinburgh’s Award scheme at the school.

WWW.ATL.ORG.UK

19/08/2014 17:29

1%

IN WORDS

The increase in pay for teachers recommended by the STRB. Frustratingly, this is below the rate of inflation and the rise in average earnings

Plans for teachers’ pay Rise recommended but increase falls short of inflation rate A one per cent increase has been recommended for the reference pay scales for teachers from September 2014.

The School Teachers’ Review Body (STRB) recommendation, announced in June, remains within the Government-imposed limit of a one per cent increase for all public sector workers. While the STRB has not endorsed an across-the-board increase for all teachers, it has recommended a one per cent increase to the minimum and maximum of each of the pay scales and, for schools that have adopted the reference pay scales, all the points in between.

ATL general secretary Mary Bousted said: “We note Michael Gove accepted the STRB recommendations, unlike the Government’s response to some other public sector review body reports. We expect all schools to ensure every teacher receives at least a one per cent pay rise. There are no excuses to fail to do so.”

However, ATL is concerned that the one per cent recommended increase is well below the current rate of inflation and also falls behind rises in both average earnings (up 1.7%) and pay rises in the private sector (running at 2.5%).

“TEACHERS’ PAY HAS FALLEN BY AT LEAST 12% SINCE 2010” Dr Bousted added: “As it is, in real terms, teachers’ pay has fallen by at least 12% since 2010, which will continue to cause problems recruiting and retaining teachers, making it hard for the Government to meet its obligations to provide school places for all children.”

You can read the STRB’s report and ATL’s response at www. atl.org.uk/paynews. Further guidance will be available online and in a future issue of Report.

Future focus Members of ATL Future shared their vision for education at an event organised by the mayor of London.

Newly qualified teachers Richard Thompson and Alex Evans (pictured) were invited to City Hall in June.

Richard said: “We spoke to Munira Mirza, London’s deputy mayor for education and culture. We gave her a copy of ATL’s manifesto and highlighted the need for education to remain truly public sector.”

ATL Future is the group representing ATL’s student and newly qualified members. To find out more, visit www.atl.org.uk/atlfuture.

WWW.ATL.ORG.UK

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UPDATE

“WE NEED TO EDUCATE YOUNG PEOPLE NOT TO PERPETUATE THE CYCLE OF HATRED”

IN BRIEF

RIGHT TO SRE ATL is supporting the Sex Education Forum’s ‘Sex and relationships education - it’s my right’ campaign for statutory sex and relationships education (SRE) to be part of an entitlement to statutory personal, social, health and economic (PSHE) education in schools.

ATL general secretary Mary Bousted was among signatories to a letter published in The Guardian in June calling for a commitment from political parties to make such teaching statutory, at the time of a Select Committee inquiry into SRE and PSHE. Visit www.sexeducation forum.org.uk.

SUCCESS STORY Report ’s article ‘Adding Value’ (October 2013), focusing on views that teaching assistants should be valued and used more effectively, was commended in the best feature category of the TUC’s 2014 awards.

Read the article at www.atl.org.uk/ publications-andresources/report/ october-2013. asp?page=10.

JOIN THE DEBATE… @ATLReport facebook.com/ ATLUnion report@atl.org.uk

Report, ATL, 7 Northumberland Street, London WC2N 5RD

PHOTO: ROD LEON

IN NUMBERS

Gender on the agenda Gender identity and the challenges faced by those who do not identify with the gender they were given at birth were raised in a motion brought

by ATL at the TUC’s lesbian, gay, bisexual and transgender conference in June.

Proposing the motion, ATL member Vince Usher, from Sunderland, said: “We have already heard numerous times of the bullying experienced in the workplace, and to help tackle it we need to educate children and young people so that they are not going to perpetuate the cycle of hatred experienced at present.” The motion was carried.

ATL general secretary Mary Bousted said: “Thanks to an increased awareness of gender identity issues, more young people and adults are now able to recognise if the gender they were assigned at birth with is not the one they feel comfortable in, and is not the one in which they wish to live their lives.”

ATL also took part in Pride in London in June and Northern Pride in July.

SEPTEMBER 2014 | REPORT 5

19/08/2014 17:31

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19/08/2014 14:54

UPDATE

IN PIC TURES

Kevin Brennan MP addresses members in Bristol

4 TOLPUDDLE ATL members and national officers commemorate the Tolpuddle martyrs at the annual Tolpuddle festival in Dorset in July

PHOTOS: (TOP RIGHT) TANIA RICHARDS, (BOTTOM LEFT) SARAH TURTON

Focus on FE The future for FE was the focus for more than 100 members and stakeholders who gathered for ATL’s first FE conference in July.

Speakers included David Russell, chief executive of the Education and Training Foundation (ETF), Professor Ewart Keep, chair in education, training and skills at Oxford University, and Professor Ken Spours, head of the department of continuing and professional education at the Institute of Education.

Professor Keep told delegates: “Government funding for post19 is sailing over a cliff. Less and less of the money is going to come from government; more and more is going to be raised locally.

The baton is passing to you and your institutions. The key question is: where do you want to run with it?”

Professor Spours said: “FE does a lot of good in this country [but] does not get the recognition it deserves. I’m arguing for a third model that’s not state or market driven, it’s a much more collaboratively involved model of governance for FE.” Speaking about sixth form colleges in a Q&A session that followed, Professor Keep said: “I think a lot of FE colleges will look at 14-to-19 and see it as an area into which to expand. Getting people to agree on what would be the most sensible provision in any locality is not going to be easy.”

Professor Ken Asked if Spours at ATL’s FE conference practitioners’ WWW.ATL.ORG.UK

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voices are being heard as loudly as they could be in the light of the Institute for Learning’s closure, Mr Russell said he was “very excited” as it will help the ETF evolve and be stronger, and because “we can have a direct relationship with professional members who will change not just how we communicate and what we spend our time and effort on, but how we’re governed as well”.

Members also took part in activity groups looking at casework, membership and ATL’s Shape Education campaign, before sessions on ATL’s policy work, CPD workshops and a view of the sector from ATL’s national official for post-16 education, Norman Crowther, who said afterwards: “The conference initiated the level and depth of discussion needed to turn the sector around.”

IN BRIEF

SIXTH FORM PAY ATL members at a sixth form college in Shropshire secured a pay rise after strike action.

Teaching staff at New College Telford had been told they would not receive a nationally agreed one per cent pay rise because of funding cuts, yet the rise was agreed after two days of action in June. Two more days of action scheduled for July were called off.

ATL regional official Kate Brandrick said: “Management had said they couldn’t afford the rise, even after a two-year pay freeze. But the college spent a lot on refurbishment, and the management had seen their own pay rise.

“Members were very angry. They felt the best resource of any establishment is its staff. This wasn’t a knee-jerk reaction - we had exhausted negotiations. It’s no good being angry unless someone’s prepared to speak up, and we have an excellent rep at the college who worked tirelessly keeping members informed.”

The increase is being paid in stages, backdated to September 2013.

Sharing our vision At an ATL meeting at Bristol University, shadow minister for schools Kevin Brennan MP said: “I’m very proud to be an exteacher on the front bench, but it concerns me there aren’t more ex-teachers in key [Parliament] roles. The exit of [Michael] Gove won’t mean a change in policy at all. Teachers aren’t afraid of voting based on what the parties are saying about education.”

He said Labour is committed to a dialogue with the profession, CPD will be a key part of its policy, and a new school should be allowed to be a community, academy or free school. ATL member Viv Munday said: “It was interesting to hear what he had to say, [but] we need clarity of ideas.”

Members also met Mark Pawsey, Conservative MP for Rugby; Jonathan Reynolds, Labour MP for Stalybridge and Hyde; Andrew Robathan, Conservative MP for South Leicestershire; Neil Carmichael, Conservative MP for Stroud; and West Cornwall Liberal Democrat MP Andrew George.

In June, members met Toby Perkins, Labour MP for Chesterfield; Alex Cunningham, Labour MP for Stockton North; Kerry McCarthy, Labour MP for Bristol East; Gordon Birtwistle, Liberal Democrat MP for Burnley; and Natascha Engel, Labour MP for North East Derbyshire.

For more information and how to lobby your MP, visit www.atl.org.uk/shapeeducation.

SEPTEMBER 2014 | REPORT 7

21/08/2014 11:53

Friday 12 December 2014

Get everyone in your school to wear a festive woolly this Christmas Jumper Day and donate £1 to help save children’s lives.

Register now for your free Teacher’s Kit

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Photo: Dan Burn-Forti/Save the children

Double your donations – the government will match every pound you give this Christmas.

19/08/2014 14:54

AGENDA

IT’S ALL CHANGE at the Department for Education (DfE). Out goes Michael Gove, replaced by Nicky Morgan as secretary of state for education. Many people have asked me for my opinion of the life and times of Mr Gove – so, for what it’s worth, here is my view.

Gove was a ruthless operator. He had a vision of an autonomous and highly diverse school system, and he realised that if you are going to make changes on this scale it has to be done quickly, before anyone notices. Gove pursued his policies with a remarkable determination and drive. An ideologue with excellent media connections, he rivalled David Blunkett in setting the news agenda. This was, however, to be his undoing. It is one thing to attack the education ‘blob’, it is quite another to displace your leader’s Queen’s speech with the fallout from a journalistic lunch, where your frank and fearless views of the home secretary’s counterterrorism strategy have been rather too fully shared.

Gove’s legacy is most mixed where he wanted to break the mould – granting freedom and autonomy to schools. While it is undeniable that academy status is now the norm among secondary schools, it is also the case that free schools have a much weaker base. Their uncertain beginnings and continuing crises (financial, educational and situational – too many opened where there is no identified need for pupil places) continue to dog the programme.

However, the truth behind the Govean rhetoric of freedom and autonomy is this: schools are more highly constrained than ever, labouring under the yoke of an Ofsted inspection regime that produces fear and compliance in equal measure. Think tank Policy Exchange got it right when it concluded that school leaders are forced to do what they think Ofsted will understand, rather than what is right for pupils.

WWW.ATL.ORG.UK

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A toxic legacy ATL general secretary Mary Bousted looks back at Michael Gove’s impact as education secretary Busywork, done not to improve standards of teaching and learning, but to satisfy the requirements of an inspection agency with its own huge quality control problems.

Gove’s frenetic pace of change is now beginning to unravel. He was interested in ideas, not their implementation, and did not work hard enough at creating structures to support his vision. The Education Funding Agency is unfit for purpose, unable to detect fraud and inappropriate use of public money in free schools and academies.

The National College for Teaching and Leadership is, ironically, lacking competent leadership. The School Direct system is highly variable in quality and is one factor in a growing crisis in teacher recruitment, which, happening concurrently with exponentially rising pupil numbers, is a toxic legacy for Gove’s successor.

READ ON… You can read more from Mary Bousted on Michael Gove’s departure at www. atlspeakout. com. Find out more about ATL’s Shape Education campaign and how to influence education policy at www.atl.org.uk/ shapeeducation.

But Gove’s biggest legacy, and the real reason for his sacking, is his disastrous relationship with the teaching profession. When he had been in office for about a year I had a meeting with one of his special advisers and I asked whether it was by accident or design that Gove was becoming one of the most hated secretaries of state for education.

He replied that he was seen as one of the brightest stars within the Tory party firmament. As Gove’s demise demonstrates, that mark of achievement was not enough. There are half a million teachers in England and Wales and, together, they constitute a force that influences parents and the public. At the recent Festival of Education at Wellington College, Gove was asked why he hated teachers. It is significant that very few members of the large audience gave any credence to his protestation that, to the contrary, he loved and admired teachers.

He could never recover from that.

But what of his successor, Mrs Morgan? Early indications show that she wants to change the tone of the education debate.

She recently wrote to me, thanking ATL for its continuing engagement with the DfE through its Shape Education campaign, commenting that hundreds of ATL members have written with a huge range of suggestions to improve education policy.

She wrote: “My department has responded to your members individually, but I would be grateful if you would pass on my own thanks to all those who have made a contribution in this campaign.

Their insights are invaluable to effective policy-making.” I pass these words on to all of the ATL members who have taken the time and trouble to write to the DfE. I hope Morgan’s words will be backed by substance; not only a change of tone but a change of policy – particularly on school accountability – including exam reform and Ofsted. We will have to wait and see.

SEPTEMBER 2014 | REPORT 9

19/08/2014 17:37

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19/08/2014 14:54

THE VIEW FROM… WALES/NORTHERN IRELAND

Wales

Northern Ireland

DR PHILIP DIXON

MARK LANGHAMMER

Making our voices heard in the education debate

What to expect from the next stage of the teacher training review

TRADES UNIONS perform many functions. They could be summed up as ‘the three Ps’: a good union protects, professionalises and promotes. We protect our members, both individually and collectively, by defending and enhancing their pay and conditions. We professionalise by providing CPD and sharing good practice. We promote by giving them a strong voice in the education debate.

This last P is as vital as the first two. Teachers, lecturers, support staff and heads are the ones who deal with the reality of education, day by day. And yet quite often

their voices struggle to be heard above the crowd of politicians and pundits who believe they can solve at a stroke the complex issues that surround teaching and learning.

ATL Cymru has always prided itself on being a ‘critical friend’ of the politicians and pundits.

We strive to engage constructively with the Welsh Government’s agenda for education.

We are open to criticisms of the education system.

We have supported the need to raise standards in our schools and colleges.

But we do reserve the right to be critical. Sometimes the Welsh Government’s proposals have been deeply flawed. Those politicians and civil servants who are on top of their brief have welcomed our interventions, even if they have disagreed. Those who are floundering have been far more defensive.

If we are to transform our education system, the latter need to listen even more.

“WE GIVE MEMBERS A STRONG VOICE IN THE EDUCATION DEBATE”

STAGE 2 of the Study of Teacher Education Infrastructure in Northern Ireland, led by former Finnish education adviser Dr Pasi Sahlberg, reports that the Northern Ireland system falls short of international best practice in many respects.

The Stage 1 report examined the financial sustainability of teacher training institutions.

Commendably, the Stage 2 report accepts that initial preparation of teachers is a phase in a career-long process of continuing professional development.

The report stresses the importance of intellectual underpinning of provision, noting: “In our view, teacher education needs to be strengthened academically and cognitively. Provision has not yet been sufficiently infused with the intellectual power which university involvement in teacher education makes possible.”

Dr Sahlberg recommends four options for future provision: enhanced collaborative partnership between all four existing providers; a two-centre model, one based in Belfast

and built on the existing partnership between Queen’s University and St Mary’s and Stranmillis Colleges, the other led by the University of Ulster; a teacher education federation of all current providers, with significant strategic responsibility ceded to the centre; and a Northern Ireland institute of education, a wholly integrated provider with a single budget employing one set of academic and support staff.

The report was welcomed by the minister for employment and learning, Dr Stephen Farry. ATL welcomes Dr Sahlberg’s report, but, given the implementation record of the Executive and Assembly, we caution members not to expect too much too soon.

Our manifesto, your voice Share our manifesto with colleagues, parents, governors, MPs and decision-makers www.atl.org.uk/manifesto Find out how you can get involved at organise@atl.org.uk Join the debate #ShapeEducation @ATLUnion @ATL_AMiE

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SEPTEMBER 2014 | REPORT 11

19/08/2014 15:12

“UNTIL THREE YEARS AGO, I was as healthy as the next person. Then, aged 50, I was diagnosed with advanced emphysema. I couldn’t walk 150 metres without my lungs filling up with fluid,” recalls ATL member and maths teacher Ash Ghouse.

Within weeks, Ash’s headteacher at his Birmingham secondary school had made changes to make his life easier. She moved his classroom from the second to the first floor, had a parking space painted by the entrance and reduced his class and room size so he didn’t have to walk as much. She also installed a water fountain near his classroom because his medication made his mouth very dry, and invested in a microphone so he wouldn’t strain his voice.

“Having done casework now for three years as a branch secretary, I haven’t come across too many headteachers who are like that. I slowly realised I was the exception rather than the norm,” Ash says.

Following this experience, Ash and former branch secretary David Ambler brought a motion to ATL’s 2014 Annual Conference on tackling issues around mental health and hidden disabilities in the workplace.

David, a retired history teacher, explains: “As part of a school leadership team in the 1990s, it was my responsibility to draw up the cover roster, at a time when teachers were doing cover, and to report the reasons for staff absence. It soon became apparent there were a number of staff with hidden disabilities that colleagues didn’t know about, and there were one or two having time off because they were depressed or had mental health problems.

As an ATL deputy branch secretary, then a branch secretary, I came across many more such cases.”

ILLUSTRATIONS: MICHELLE THOMPSON

SPOTLIGHT ON

Managers’ reactions cause concern

CHARLOTTE TAMVAKIS DISCOVERS THE REALITY OF HIDDEN HEALTH ISSUES AMONG EDUCATION STAFF

When ATL surveyed more than 900 school and college members about mental health and hidden disabilities earlier this year, almost half (45%) told us they have a hidden disability, with 36% having a formal diagnosis. Of those with a hidden disability, almost two thirds (63%) with a physical condition had told their employer; in contrast, 68% of those with mental health issues had chosen not to, with almost half (45%) citing concerns about their managers’ reactions.

Yet, there are dangers if managers do not address mental health issues more positively, warns David.

“Firstly, there will be people teaching who have hidden the fact they suffer from certain mental health conditions, then something goes seriously wrong in the middle of a lesson and they will explode,” he

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WWW.ATL.ORG.UK WWW.ATL.ORG

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SPOTLIGHT ON… HIDDEN DISABILITIES

55%

of ATL members say their job negatively affects their mental health

SPEAKING OUT “It is no good telling management about your hidden disabilities because they will consider you a weak link.”

ATL member

WWW.ATL.ORG.UK

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45%

of ATL members describe themselves as having a hidden disability

says. “Secondly, good, experienced members of the teaching profession will end up being forced out simply because they are suffering from a mental health issue, whether it is depression, stress, bipolar disorder, etc.”

This is exactly what happened to a 32-yearold maths teacher in the West Midlands. “In my third year, things started going a little wrong, mainly because of some issues in my personal life affecting my teaching,” he explains. “I fell behind in a couple of things, mostly marking, which got picked up on by my head of department.”

Soon he was being asked, without notice and in the middle of lessons, to attend meetings with his headteacher. He started having panic attacks on the way to work and would end up in tears in the staffroom.

He eventually decided to leave, and after some months in supply teaching, is now in a permanent post where he is considered an outstanding teacher. “To anyone else going through something similar, I’d say don’t suffer in silence – talk to your rep or someone, and remember you’re not alone in what you’re feeling.”

He continues: “I can handle things better now because I know my own rights, to the point I’m now the rep for my school. I certainly know that a few teachers have physical needs, and the school has gone out of its way to help them. I think all schools could benefit from being as sympathetic towards mental health issues as they can be towards physical ones.”

Ash points out that almost everyone goes through short-term depression or anxiety that impinges on their job at some point, so there needs to be a change in how these issues are treated in schools and colleges.

Trainer Nina Jackson, a former teacher who ran sessions on mental health in schools at ATL’s 2014 summer conferences, says: “The feeling is if you mention you have an emotional health issue, some senior SPEAKING management will actually think OUT you’re not able to work with young “I wish I hadn’t people. Once, I was approached by disclosed someone about a colleague who anything to my was bipolar and who thought if her head. It led to the school school found out she would lose her trying to find job. But this is a living difference, not evidence I a serious disability. Headteachers wasn’t capable need training; this shouldn’t be of doing my job a taboo subject any more.” so they could Our survey also suggests pressures get rid of me.” within the education system are ATL member actually behind many mental health

SPEAKING OUT “I am horrified to see excellent teachers leaving the profession because they are sick of the constant pressure, of having no lunch break, of being told they are lazy or incompetent. I love teaching children, but I am sick and tired of feeling ill and under stupid levels of pressure all the time.” ATL member

issues. More than a third (38%) of members said they’d seen a rise in mental health problems among education staff in the past two years, with the most common examples being pressure to meet targets (63%), inspections (59%) and pressure from leaders (55%).

David says: “The question that has to be asked is why teachers are getting into this state. What’s special about teaching? There are tremendous pressures placed on schools to ‘up’ results. These emanate from the pressures headteachers are under – the chain of command. They are initially communicated from Ofsted, the local authority or the academy sponsor to the headteacher or principal, and are pushed down the line, and are coupled with the huge number of changes within education.”

Indeed, more than half (55%) of the members in our survey said their job has a negative impact on their mental health, and of those who said their job affects their health, 80% said stress is a factor. One member said: “It’s not the employer that’s the problem, it’s the workload.” Another commented: “My immediate line managers are excellent; it’s the institution as a whole and the demands of the profession that are the problem.”

Pressures and performance The Department for Education’s own 2013 workload survey found secondary headteachers work an average of 63.3 hours, primary teachers 59.3 hours and secondary teachers 55.7 hours a week. It also showed that almost half (45%) of teachers think time spent on “unnecessary or bureaucratic” tasks has increased, while only five per cent say it has reduced, with preparation for inspections the biggest cause of unnecessary paperwork. Earlier Government research showed around 40% of new teachers leave the profession within five years.

Nina says: “There are so many quite superb teachers who are suffering with emotional health issues. They are very conscientious and dedicated to the job, they work above and beyond, and are often unable to see the importance of a good work-life balance and so they push themselves to the limit. The biggest pressure on them is accountability to justify their job, and headteachers have the same issues as classroom teachers.”

Hidden health issues can also be used as a reason for staff to have their performance questioned.

David warns: “One way a headteacher can demonstrate to Ofsted they are on top of their

3

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SPOTLIGHT ON… HIDDEN DISABILITIES

38%

of ATL members have seen a rise in mental health problems among staff

TALK TO US

3 job is by making sure not only that they are going

round and observing on a regular basis, but also that they are starting processes of capability after just maybe one or two ‘iffy’ observations.

“I’m not trying to knock headteachers, they’ve got an almost impossible job in this day and age because Ofsted wants to look into every aspect of school life. But it’s easy enough for any good teacher to have a bad day. It’s a case of being hauled in and told ‘if it happens again you’re going to be put on capability’, which has a tremendously damaging effect on the health and welfare of any teacher. In years gone by, the capability process offered very considerable support before the formal stages.”

Removing the mental health stigma David believes what most of these people need is simply better access to CPD and learning opportunities generally. At the same time, in our survey many members said they want more training on hidden disabilities. One 39-year-old secondary teacher from West Yorkshire said: “Until they stop being ‘invisible illnesses’ people are going to judge others critically without having any true idea of what a particular person is having to go through. I hadn’t realised what it was like until I had to go through it. More education would make invisible illnesses less of a stigma.”

Senior policy adviser Alison Ryan says: “It’s a big issue – the motion was carried unanimously at ATL’s Conference – and we are setting up a working group to look at, and respond to, the issues raised.

We’ll consider the implications for things like performance management, and the workplace policies needed to support mental health and other hidden disabilities. Within the framework of cuts to student support and SEN services, a better professional culture around these issues would support both staff and the pupils they teach.”

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If you are concerned about a hidden disability in your workplace, talk to your ATL rep or your branch secretary, or ATL’s member advisers.

See page 21 for contact details.

Teacher Support Network provides a free telephone support line for teachers and FE/HE staff in England, Wales and Scotland. See www.teacher support.info.

68% of ATL members with mental health issues have not told their employers

ATL lead member adviser Ken McAdam believes employees with hidden disabilities are in a catch-22 situation: “On the one hand, employees should bring their disability to the employer’s attention. Employers do, after all, have a duty under the Equalities Act to agree any reasonable adjustments to help the employee carry out their role. However, employees are understandably wary about reporting hidden disabilities in case they are perceived as a weak link and treated accordingly. Hopefully, increasing awareness of hidden disabilities like depression will lead to a greater openness by both sides to meet, discuss and agree any reasonable adjustments.”

ATL member Peter Milliken presented a motion on mental health at the TUC’s disabled workers’ conference in May, when he called for an end to the stigma attached to mental ill health. “We need to stop the prejudice and the unjust and illegal practices within many workplaces that actively discriminate against those suffering, often in complete silence, with mental health problems, as they are too afraid to speak out and risk the prejudices that currently stand within the workplace and, unfortunately, within a large part of society,” he said. It was passed unanimously.

Ash concludes: “For all hidden health issues, with some sensible adjustments, an employer can win the heart of an employee, because they’ll feel ‘the headteacher is trying to keep me here, not trying to get rid of me’. If someone is able to do their job despite their disability, the payback is that they give 110%. And who benefits the most? The school does and the kids do.”

A local accountability system based on collaboration and support, a better working life and a right to CPD are key asks in ATL’s education manifesto – read more and get involved at www.atl.org.uk/manifesto. To find out more about the working group on these issues, email aryan@atl.org.uk. ATL’s survey also looked at hidden disabilities among students – you can see full details at www.atl.org.uk/media-office/media-archive/Pressureson-teachers-causing-rise-in-mental-health-issues.asp.

JOIN THE DEBATE…

@ATLReport facebook.com/ATLUnion report@atl.org.uk Report, ATL, 7 Northumberland Street, London WC2N 5RD

SEPTEMBER 2014 | REPORT 15

19/08/2014 15:12

IN PROFILE… MARK BAKER

Meet the president

JOIN THE DEBATE #SHAPEEDUCATION TODAY

New ATL president Mark Baker believes in standing up for his profession and challenging Ofsted, but it is the teaching of our most vulnerable with special educational needs that is closest to his heart, finds Alex Tomlin “I JOINED ATL before I even started teaching. Coming from a northern mill town there was an enormously strong ethic of mutuality: that you had your co-op card, always went to the building society, not the bank, and you joined a union.”

At his home, high in the hills of Whitworth, near Rochdale in Lancashire, where he has lived for 20 years, new ATL president Mark Baker explains how he joined AMMA, as it was then, in 1981 because it just “sounded like it fitted” with his way of thinking.

On arrival at his first job, as an SEN teacher at a school in nearby Middleton, he was greeted by the outgoing ATL rep and informed that he, Mark, was now the rep. “It was a time, in 1981, when there were no issues,” he recalls. “Teaching was a very autonomous, collegiate and rewarding profession, held in quite high esteem. It was in the mid-80s that things started to go wrong.”

That was the time of Kenneth Baker as education secretary and widespread industrial action among teachers. “I’ve got a bit of déjà vu now because we’re in the same place again,with acrimony and bitterness throughout the profession.”

It was then that Mark became more involved in union work, something he advocates for other ATL members. “It goes back to the ethics of mutuality, of doing something that doesn’t necessarily have any immediate payback to you.

The Pioneers of Rochdale [who started the cooperative movement] were born out of adversity, and we’re 16 REPORT | SEPTEMBER 2014

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in adverse times now, with real pay cuts and erosion of conditions that make things difficult for staff and for young people. It’s a time for us all to support each other.”

Now, having been a branch secretary and worked on several national policy initiatives with ATL, Mark begins his year as president knowing there are fights to be had.

Ofsted incompetence One of his main targets is Ofsted, “an organisation that has no merit”.

Mark recalls his early experiences of inspection with Her Majesty’s Inspectorate (HMI). “We celebrated HMI coming in because we wanted to show off what we were doing. We respected the inspectors. They were supportive and helped the school.

They told us we were doing fine and there were things we could do to be better, but none of it was in the

is, and people are standing up and challenging it,” Mark believes.

“I visited a school in Sheffield where they hadn’t got the judgement they wanted. The head, the staff and the parents were all furious. They found the report wanting in so many areas.

We’re seeing that happen time and time again with Ofsted; tales of mismanagement, incompetence and total detachment from education.

“In the past we didn’t dare challenge them, but now there’s a fight that has to be had to get a decent inspection regime.”

Another battle Mark is willing to take on is against business models for state education and the cronyism and corruption increasingly coming to light in some schools and colleges.

“Cronyism is so perverse that you need to speak out against it. The more that’s uncovered, the more unpalatable it becomes, particularly

NEW ATL PRESIDENT Mark calls on members to lobby politicians to help shape education

“IF WE ARE GOING TO TAKE BACK OUR PROFESSION, NOW IS THE TIME. IT’S MAKE OR BREAK – WE’RE AT A FORK IN THE ROAD” context of failure. Then in the ’90s came Ofsted and Chris Woodhead [Ofsted’s first chief inspector] with a wholly different slant, and we’ve had nothing but criticism from that day on. Ofsted has never helped anyone, except perhaps the policy-makers who have this big stick to wield.

“You try and meet its demands and then it changes them. Our profession has been tainted with that approach for a generation. Now, Ofsted is being found out for what it

when it’s in contrast to people who are struggling enormously to make ends meet. People are getting rich off the proceeds, but they’re taking the money from the most vulnerable.

“The business model is an industrial process where every child has a value. Schools have to focus on the middle ground where the least resources bring the greatest returns.

They don’t want the most vulnerable or the gifted and talented because they require more resources. That WWW.ATL.ORG.UK

19/08/2014 15:12

IN PROFILE… MARK BAKER

He booked the acts then relied on skilled individuals to do their jobs.

“I felt truly accountable to parents because I had to really think about and justify that I had done the right thing for their child, but when the tick-list culture came in, and I’d ticked all the boxes, I was almost fireproof. The sense of autonomy is lost now because you have school leaders, who are under enormous pressure to deliver results, issuing directions and you do as you’re told.

You’re not getting the benefit of a team approach and sharing ideas.”

He cites ATL’s www.acurriculum thatcounts.org.uk as an example of how idea-sharing should work. “It reinforces the message that it’s good to share, and other folk will share with you. Education should be a very collegiate profession.”

IN BRIEF

is a model I’m not comfortable with and I can’t imagine anyone in our profession that is.”

Mark adds: “I’ve always thought every school should be like a special school, looking to meet individuals’ needs rather than making the child fit the needs of the school.”

PHOTO: ROB WHITROW

A world most people don’t see Mark “sort of happened” upon a career in SEN. He made the decision to teach in his teens, not having given it great thought, but feeling it was the right thing to do. He trained as a geography teacher, but started out doing some supply work at a special school – and never left.

“I’ve been immensely privileged to see a side of the world many don’t see; children who have dealt with far greater adversity than I’ve ever gone near, and who have talents you couldn’t imagine,” he says. “I’m so pleased I didn’t miss out on that.”

It is no surprise that the issue closest to his heart in his presidential WWW.ATL.ORG.UK

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year is that of “furthering the cause of the most vulnerable that I’ve spent my career supporting.

“SEN should always be a key issue, but even more so now given the retrograde steps that are being taken.

In my career so much progress had been made, barriers broken down, everything made so much more inclusive. You see that being unravelled now. People who find it harder to stand up for themselves are being sacrificed for this divisive austerity regime because it’s easy to take money and resources from them. When you look at the longerterm hurt this causes, we could lose a generation of youngsters.”

Another backward step Mark identifies is the loss of autonomy for teachers. “When I started I thoroughly believed I had the ability to make decisions to do what I felt was right. The whole system was geared around that, with an experienced headteacher who was more ringmaster than army general.

NAME Mark Baker AGE 54 LIVES Whitworth, near Rochdale, Lancashire WHAT’S THE BEST THING ABOUT WORKING IN EDUCATION? Those lightbulb moments, when everything suddenly clicks, you’ve broken down a barrier and helped a child to improve themselves so much it’s discernible.

WHO IS YOUR EDUCATION HERO? All my colleagues working in SEN right now and the young people they support. I admire them no end.

WHAT MESSAGE WOULD YOU GIVE TO THE NEW EDUCATION SECRETARY? Listen to us, because you don’t have the answers yourself, but the profession does.

Fork in the road Mark believes now is the time for teachers, lecturers and support staff to “take back our profession”, explaining: “We are focusing on the election year and what we can achieve through our Shape Education campaign. This is our opportunity to take control and say what works best, given our experience of the whole profession, not just one secretary of state’s opinion based on their own school experience.”

Mark urges members to make use of ATL’s Shape Education postcards to send a clear message to their MP. “MPs have a good understanding of their local education system and are already becoming engaged through our postcard campaign. People can feel so disenfranchised from politics that they wonder what good writing to their MP can do, but it does work.

“It’s an avenue that can release members’ frustrations and have an impact, perhaps more of an impact than a day’s strike action. We have a different approach: to engage with policy-makers and tell them how we feel. We’re not asking folk to give up a day’s pay, just the price of a stamp.

The more people who do that, the more politicians have to take notice.

“If we are going to take back our profession, now is the time. It’s make or break – we’re at a fork in the road where we have the tensions of big business against the ideals of our profession. We need to be able to make a stand on that.”

SEPTEMBER 2014 | REPORT 17

19/08/2014 17:29

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HOW TO…

Take a

fresh look at homework

What is the point of homework? Teacher and author Mark Creasy explains how letting students set their own homework can give it a real purpose I DESCRIBE HOMEWORK as a Goldilocks issue for parents: it’s either too much, too little, or just about right. However, I think for teachers there is a fundamental question: what’s the point of homework?

First, there is the obligatory reason; it is part of the Teachers’ Standards and the expectation of setting it is stated in almost every school policy across the country. Then there are the frequently cited (however questionable) factors; it’s characterbuilding, parents expect it, it supports lifelong learning and, worst of all, we (teachers and parents) had to do it and it didn’t do us any harm!

Over the past 10 years I have asked myself about the point of homework. “Can I find a way to meet expectations, and get as much as possible from it?” From this question, ‘unhomework’ was born, based on the realisation that we should trust the children.

Children undertaking unhomework in my classes decide what they are going to do. They justify why they are doing it. They decide what the success criteria will be. Then, on completion, they selfassess the work against their own success criteria, and identify their next steps for learning as a result, before their peers and I assess.

Trust allows the learner to explore their own style of work, which, if rooted in a secure learning environment, will include their challenges, as well what they find easy to do. I use the ‘5Rs’ – respect, relationships, resilience, rights and responsibilities – which are highlighted, modelled and promoted through learning activities in every lesson.

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After securing an environment for learning in which unhomework will flourish, learners need to encounter as many homework techniques as possible. I believe, with the right guidance, by October half-term, any learner will be ready to undertake unhomework for themselves.

It begins with a piece called ‘This is me’, where children undertake their own learning. They can present something in any format they choose, which allows me to not only get to know them better personally, but also academically through how they choose to present their work. In the past I have had YouTube videos, collages, songs, photo albums, models, cakes and more, as well as the almost obligatory PowerPoint and Prezi (as these are presentation aids, children have to present them to the class, not just

a game, or anything they want to try.

This means children who are less sure will have ideas to follow, while others can be creative, like the one child who made a working trebuchet [a giant catapult] for the ‘invaders and settlers’ topic.

“LEARNERS BECOME SO AT EASE WITH SELECTING HOMEWORK, THEY WILL SET IT WITHOUT TEACHER INPUT” show them). This is not a limited list, but seeing how others present their work empowers them as to how they could show theirs in future.

Unhomework achieves independence and autonomy for the learner in various ways, and over the subsequent weeks children encounter guided, titleonly homework, eg where children decide how to address ‘safety’ in science (but not just by producing a poster).

Alternatively, I provide options on how to complete work, eg in history I have allowed children to create work using models, fact-files, pictures, diary entries, web pages,

Another favourite in my classes is to allow children to choose work set at different levels. Some even return with work beyond what was set.

Learners become so at ease with selecting homework, it is my experience that they will indeed set it without any teacher input.

They understand the need for a clear focus, and the expectations on themselves mean that it can be assessed effectively, individually and by their peers.

From this, they pursue their interests in a subject – not simply completing work because it fulfils a policy, but instead because it has a true purpose.

Mark Creasy is the author of Unhomework: How to get the most out of homework without really setting it .

Follow on Twitter @EP3577 #Unhomework

SEPTEMBER 2014 | REPORT 19

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YOUR ATL… CONTENTS AND CONTACTS

Your ATL EXPERT ADVICE, TEACHING TOOLS, MEMBER BENEFITS – AND YOUR RIGHT TO REPLY

IN THIS SECTION

25

LEGAL GUIDE

Tribunal powers are more limited than you might think. ATL solicitor Elizabeth Doherty offers an overview of unfair dismissal claims

26

YOUR VIEWS

ATL members have their say on qualifications, the direction education is taking, and the new secretary of state for education

27

CROSSWORD

23

Find out about ATL’s summer conferences

“The workload is intolerable and is driving teachers, at all stages of their career, away from the profession”

Your chance to win a £50 Marks & Spencer voucher

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NOTICEBOARD

Including advice for teachers planning retirement and scholarship opportunities

29

RESOURCES

ATL’s new courses will equip you to deal with pupil anger and unlock the potential of iPads in the classroom

USEFUL CONTACTS

PHOTO: SARAH TURTON

If you need help with matters related to your employment, your first point of contact should be your school or college ATL rep, or your AMiE regional officer if you are a leadership member. You can also contact your local ATL branch for advice and support. If they are unable to help, contact ATL using these details: General enquiries: 020 7930 6441 info@atl.org.uk BELFAST: 028 9078 2020 ni@atl.org.uk CARDIFF: 029 2046 5000 cymru@atl.org.uk

Membership enquiries: 020 7782 1602 membership@atl.org.uk

AMiE MEMBERS: contact your regional officer (details at www.amie.atl.org.uk) or call the employment helpline on 01858 464171 helpline@amie.atl.org.uk

ATL’s regional officials are available to speak to you about work problems Monday to Friday from 5pm to 7.30pm during term time.

WWW.ATL.ORG.UK

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Pension enquiries: 020 7782 1600 Out-of-hours helpline: 020 7782 1612

If you are not a member of ATL and would like to join, please contact us on

0845 057 7000 (lo-call)

Personal injury claims:

0800 083 7285 Call Morrish Solicitors LLP, ATL’s appointed solicitors, or go to www.atlinjuryclaims.org.uk. This service is open to members and their families, subject to the rules of the scheme.

TERMS OF ATL’S SUPPORT ARE OUTLINED IN OUR MEMBERS’ CHARTER, AVAILABLE VIA WWW.ATL.ORG.UK. WHEN EMAILING ATL FROM HOME, PLEASE INCLUDE EITHER YOUR MEMBERSHIP NUMBER OR HOME POSTCODE TO HELP US DEAL WITH YOUR ENQUIRY MORE EFFICIENTLY.

SEPTEMBER 2014 | REPORT 21

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YOUR ATL… SUMMER CONFERENCES

ATL MEMBERS SPEAK OUT Hundreds of ATL members demonstrated their dedication to the education profession by attending the union’s series of summer conferences around England

JOIN THE DEBATE #SHAPEEDUCATION TODAY

PHOTOS FROM LONDON EVENT: SARAH TURTON

SHAPING EDUCATION: ATL members engaging with the union at the summer conferences

MEMBERS GATHERED in London, Birmingham, Bristol, York, Manchester and Cambridge to hear the latest developments from ATL, ask questions, offer their views, and take advantage of the CPD on offer.

General secretary Mary Bousted welcomed delegates to each event, commenting on the loss of Michael Gove as education secretary and the arrival of Nicky Morgan in his place. Mary told members she had already explained to the new education secretary that the biggest issue facing teachers is workload, as demonstrated by the Department for Education’s (DfE) own survey. “It is intolerable and is driving teachers, at all stages of their career, away from the profession,” she said.

Nansi Ellis and Simon Stokes from ATL’s policy department said members’ values are being misrepresented by newspaper columnists such as Toby Young and Shona Sibary, who repeatedly denigrate education staff and their expertise. ATL members need to challenge these views and influence the general public and policy-makers through the Shape Education campaign, they said.

The campaign began at last year’s summer conferences by gathering members’ views on what we want children and young people to learn, how they should be taught and by WWW.ATL.ORG.UK

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whom, and how we can help all pupils to achieve, whatever their background.

Your responses have helped form ATL’s education manifesto, which members have already taken to many local MPs and to Westminster. In the run-up to the general election, Nansi and Simon asked members to contribute to the campaign by talking about the manifesto’s vision for education to even more MPs, to prospective candidates who knock on your door, to colleagues and to parents.

Among the issues raised by members attending is a lack of respect from some school leaders towards teachers. Members who had moved to teaching from other professions commented on the contrast between the positive attitude managers showed towards them in their previous careers and the way they are not listened to by school leaders now.

Responding, Mary said she had noticed, and will challenge, a growing divide between school leaders – under increasing pressure from Ofsted and league tables – and their staff. For members experiencing problems, she advocated becoming an ATL rep and organising a more powerful collective voice in the workplace.

In response to a question on how ATL felt about unqualified teachers, Mary said that

ATL will always look for teachers to have QTS, “based on what teachers need to learn to teach effectively in the classroom; not just subject knowledge, but how to understand different educational needs of children and the way children learn”.

Members in FE pointed out the sector also has serious issues with excessive workload, a point Mary agreed with, saying: “Huge demands are being made of FE while funding is being cut. There is not enough recognition of that. I listen very carefully to FE members to get as much understanding of it as I can.”

Mary offered some hope to teacher members with the news that the DfE is conducting a survey into the workload caused

by Ofsted inspections. “The DfE is very worried about teacher workload,” she said, “because they know if they carry on like this, who’s going to enter teaching and who’s going to stay?”

To all members struggling with workload, Mary concluded: “You deserve the time to have a life outside of work. You deserve a life not clouded by constant pressure; you deserve the right not to give up your rights as a citizen at the school or college gates; you deserve the right to have a say about how your school is run; you deserve the right to be treated as competent, professional adults.”

SEPTEMBER 2014 | REPORT 23

19/08/2014 15:14

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YOUR ATL… LEGAL GUIDE

Unfair dismissal Taking an unfair dismissal claim to an employment tribunal may not bring you all the compensation you want, explains ATL solicitor Elizabeth Doherty EMPLOYEES CLAIMING unfair dismissal want to achieve a variety of outcomes by going to an employment tribunal. Many would like an apology for the way they have been treated, while others seek compensation for trauma, stress and disruption to their career.

For some it is not the idea of compensation that drives them, but the chance to have their day in court in the hope they will be vindicated for their employer’s actions.

However, the reality is that a tribunal has limited powers, and even those who win their case will not receive an apology. A tribunal only has powers to award reinstatement, re-engagement or compensation, with the first two rarely ordered because by the time the matter has reached tribunal, the relationship between the employer and the employee has usually broken down irreparably.

So, in almost every case of unfair dismissal, the remedy awarded will be compensation.

However, it is important to note that this can only be awarded for actual financial loss resulting from dismissal. The tribunal does not have the power to award compensation for any stress an employee may have suffered as a result of dismissal or to punish the employer.

Any compensation awarded will be calculated under two separate headings: R A basic award calculated in the same way as a statutory redundancy payment: one or one and a half weeks’ pay, depending on age, per complete year of service, which, as of 6 April 2014, is limited to a maximum of £464 per week.

R A compensatory award, predominantly including loss of salary, pension contributions and benefits. It may also include expenses incurred as a result of the dismissal.

Those who are unable to find alternative employment by the time of the tribunal may be able to claim future loss, which is loss incurred after the date of the hearing. Future loss is awarded at the discretion of the tribunal and will depend largely on the prospects of the employee securing alternative employment.

Factors taken into account may include an employee’s age, how long they have worked in a particular sector and if they live in a small WWW.ATL.ORG.UK

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“THERE ARE LIMITATIONS ON WHAT AN EMPLOYMENT TRIBUNAL CAN DO” community where there may be fewer employment opportunities.

However, the tribunal is even limited in the amount of compensation it is able to award an employee found to have been unfairly dismissed. The current cap for those dismissed between 29 July 2013 and 6 April 2014 is the lower of £74,200 or a year’s salary.

For those dismissed after 6 April 2014 it is the lower of £76,574 or one year’s salary.

Once losses have been calculated there are a number of further deductions a tribunal may apply to compensation. For example, an employee who pursues the claim for unfair dismissal is under a continuing duty to mitigate their loss. This means they must try to find another job as quickly as possible to ensure their losses are kept to a minimum. If an employee is not able to provide evidence of

their attempts to find alternative employment a tribunal may reduce the award accordingly.

In some cases a tribunal may find that, although the dismissal was unfair, the employee’s own conduct contributed to the dismissal and the award will be reduced to reflect this. Credit also has to be given for any monies earned or employment benefits claimed since the dismissal occurred.

With all these factors in place, compensation is often fairly modest. The median award for unfair dismissal for 2012-13 was £4,832, although this figure does not take into account the value of claims that may have been settled prior to a tribunal hearing.

The right not to be unfairly dismissed is an important one but there are limitations on what an employment tribunal can do even if an employee wins their case. If you feel you may have been unfairly dismissed you should contact ATL for advice as soon as possible.

Employees with at least two years’ service have the right to claim unfair dismissal. If ATL considers an employee’s claim has reasonable prospect of success then support may be provided to take the matter forward to an employment tribunal. Contact ATL using the details on page 21 if you believe you have a case.

SEPTEMBER 2014 | REPORT 25

19/08/2014 15:14

YOUR ATL… YOUR VIEWS

Letters the extra pressure out of the workplace. Bring WORRYING TIMES back subject specialist I am very sad about the direction advisers and let education has taken. Education teachers teach. used to be about teaching I am 54, and have children through a broad and taught for 20 years. balanced curriculum, giving them For nine years I was the opportunity to discover their head of design and own interests. We need to return technology, for six to that. We also need to develop years I was a key stage a mutual respect that values all coordinator for ICT. I am pupils, not just those with good now a teacher of design and memories for facts, and we technology, and really need to laugh more. enjoy my job without Parents should be the management more involved responsibility.

The author of this letter wins £100 in secondary As head of in book tokens. If you want to voice education, department, your opinion on issues raised in Report having fun I became very or any other aspect of education, please send a letter or email to the addresses with their kids. disillusioned below, including your phone I want to with delivering number. One letter will be group hug all the many topchosen every issue to win teachers, and say down changes the tokens. ‘wake up’ to those from successive managers delivering education ministers.

Michael Gove’s agenda in I have been lucky to have schools. Lesson observations been able to make positive carried out on subjects that moves at appropriate times in managers don’t specialise in have my career, but I worry about the caused me a lot of frustration, amount of work placed on the particularly when they give shoulders of young middle feedback, which, because of managers. They are under your own experience, you don’t so much pressure, and this is believe is the way forward. transferred to the way they Working in an educational handle situations. They need establishment is a unique to be mindful in their approach, journey, with many varying and should have training and factors; it is not simply a ‘one size support to be confident in fits all’. Have teachers observe stepping up to that role. Too and support each other, share often it is too target focused, good practice and leave unhelpful and stress inducing. I will be taking early retirement next year, and I am relieved to be able to do so.

Name supplied, Cambridgeshire

Overheard MEMBERS’ VIEWS OF THE NEW EDUCATION SECRETARY ON FACEBOOK

STA R L E T T E R

WIN!

QUALIFICATIONS FOR ALL May I defend the allegedly easily 26 REPORT | SEPTEMBER 2014

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In response to the claim that Nicky Morgan will try to build bridges with teachers, what would you like her to do?

Victoria Sponge: Spend some time seeing what teachers do.

Leave your ego at home.

attainable qualifications that Michael Gove scorned?

I’ve been a home tutor for 20 years, working with young people excluded from school.

I have offered entry level and GCSE foundation level exams to students aged from eight to 16.

Eight-year-old Fred and 13-year-old Henry were the first in their Gypsy family to gain any school-based qualifications when they sat on-demand literacy and numeracy. Henry went on to college; Fred made a good start at a special school.

James stopped me on the train: “Those exams I did with you… while I was inside, I thought, if I did that when I was in such a mess, I could do better when I get out.”

Autistic Alex took entry levels and GCSEs in ‘soft subjects’.

Now at university, a little later than most people, he is on track for a first in music.

These and many more were helped by qualifications that were appropriate, not easy, for them. ‘Soft’ exams can give hope where it is most needed.

M Billingsley, Kent

JOIN THE DEBATE…

Sarah Garred: Have a team of actual teachers who currently work in the job to advise you.

Joanne Karen: This is only a ploy to win votes next year.

James Taylor: Recognise that teachers have common sense and we can make the right decisions for our students.

Boni: Insist that Ofsted transforms into a supportive, caring body that respects that each teacher has been trained and qualified.

John Clarke: Employ someone who was educated in the state sector to have some responsibility over it.

Veronica Kaneti: This privileged, privately educated woman has never set foot in a state school classroom, let alone worked with children or in education!

David Colwill: I’d like her to leave her religious beliefs at home and out of the DfE, given that it tends to affect her voting habits. @ATLReport facebook.com/ATLUnion report@atl.org.uk Report, ATL, 7 Northumberland Street, London WC2N 5RD

WWW.ATL.ORG.UK

19/08/2014 17:29

YOUR ATL… CROSSWORD

WIN!

Prize crossword ACROSS 4 8 and 9 across right for the legal profession (3) 8 and 9 German composer unexpectedly sat for role of graduate (8, 2, 4) 10 New Pope appears before the French citizens (6) 11 Blending green tea, and still not 20! (8) 13 Back in the air, a fashionable way to hunt big game? (6) 14 Completely original high-fibre cereal – end up with raw bottom! (5, 3) 15 Behold – an amount borrowed by a student (4) 16 I went wandering round Oxford initially, a resident but not a student (6) 18 They have walk-on parts with former troubled star (6) 21 Half of life goes to find money to pay for private education (4) 22 Boy who never grew out of producing neat prep? (5, 3) 24 Farm animals made by ATL, etc (6) 26 Mess ably sorted out when teachers and pupils get together (8) 29 I divide Labour, for example, on equality (6) 30 See 14 down 31 Sailor swallowed by agitated whales can be safely cleaned (8) 32 Uproar when university teacher swaps oxygen for iodine (3)

A £50 Marks & Spencer voucher

DOWN 1 Photographic equipment captures university river period (6) 2 Pal involved in series of links with college clergyman (8) 3 Oxbridge sportsman gets zero, then a point on the river (4, 4) 4 Born disloyal type, badly behaved child (4) 5 Some protesters might learn by it? (4) 6 Traditional herald’s coat, thanks to Shakespeare? (6) 7 Latin translation, and the rest (2, 6) 12 To get money for working is part of the learning process (4) 13 Took the exam, but didn’t stand (3) 14 and 30 across Bold wee plan evolved by Boy Scout leader (5, 6) 17 Parts of the cricket match very warm, went beyond where it should have stopped (8) 18 New head of chemistry is a pest – he won’t face reality! (8) 19 University to include in test of one-to-one teaching session (8) 20 Observe scene oddly (3) 21 Top of form gets a 49, but it’s not a pass (4) 23 Personnel eventually includes entire cricket team (6) 25 Left title out – not very big (6) 27 Courageous Sue quits mixed doubles (4) 28 Express boredom when Whitehead goes into any new form (4)

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HOW TO ENTER

Send your completed crossword with your contact details to: ATL September crossword competition, Think Publishing, The Pall Mall Deposit, 124-128 Barlby Road, London W10 6BL. Closing date: 6 October 2014.

If you have an ATL membership number, please include this here The winner of the September competition will be announced in the November/December issue of Report. Congratulations to Marian Hutchinson, winner of the May competition.

LAST MONTH’S SOLUTION – JUNE/JULY 2014 ACROSS: 1 Clapham 5 Borough 9 Parents 10 Tag 11 Gnu 12 Immediate 14 Least 15 Error 17 Apartheid 19 Andromeda 21 Resit 24 Grimm 25 Athletics 27 Let 28 Tor 29 Termini 31 Christ’s 32 Cheaply DOWN: 1 Capsize 2 Air 3 Honed 4 Mismanage 5 Bathe 6 Regulator 7 Upgrade 8 Haunted 13 Mar 16 Room-mates 18 Apathetic 19 Angelic 20 Drifter 22 Ski 23 Testify 25 Après 26 Eerie 30 Imp

Sept 2014_Layout 1 13/08/2014 12:47 Page 1

Whatever legal support you require, we’ll be there for you Whether it’s help with your will, buying or selling your home, or family matters, Morrish Solicitors will provide you with friendly, professional advice, including confidential legal assistance, giving you peace of mind.

In addition to our free personal injury service, as an ATL member, you and your family can enjoy exclusive rates for all of our legal services.

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ATL + Legal Services Supporting you and your family

0845 120 4059 www.morrishsolicitors.com/atl

SEPTEMBER 2014 | REPORT 27

19/08/2014 15:15

YOUR ATL… NOTICE BOARD, GET INVOLVED

Calling all leaders

NOTICE BOARD

If you are an ATL member in a leadership role in a school or college and haven’t moved into AMiE membership yet, you could be missing out. AMiE is ATL’s section for leaders in education and its publications and seminars will support your professional development, while its team of experts provides specialist advice and assistance for you in your role both as an employee and a leader.

For details of the benefits of moving into AMiE for just a small additional subscription fee, visit www.amie.atl.org.uk, and call 020 7782 1602 or email membership@atl.org.uk to upgrade.

Your details Please keep your work and home contact details up to date to make sure you receive the advice and information you need. To check and update your information, please log in at www.atl.org.uk/update or email ATL’s membership department at membership@atl.org.uk.

Teachers: retired recently or planning to?

If you have retired and are considering taking up some work, you need to be aware of the rules surrounding re-employment after retirement and the effect it could have on your Teachers’ Pension Scheme (TPS) pension.

Generally speaking, apart from following illhealth retirement, any employment that could not be pensionable under the TPS should not affect your pension benefits. If you have retired on actuarially reduced benefits (ARBs) only, any re-employment will not affect your pension benefits. If you are in receipt of ARBs and a non-ARBs pension, re-employment may affect your unreduced pension.

When you retire, Teachers’ Pensions should give you an amount over which you cannot earn in re-employment without your pension being abated. You must also ensure a genuine break in service occurs, following retirement – ATL recommends at least one clear day – and 28 REPORT | SEPTEMBER 2014

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that a new job contract is given, not just a continuation of your old post.

The rules on re-employment following illhealth retirement are more complex, as the effect of re-employment on your pension depends on the level of your award and the date you retired on the grounds of ill health.

Our factsheet Re-employment after Retirement covers this topic; see www.atl.org.uk/pensionfactsheets.

Phased retirement is a separate arrangement with its own rules; visit www.atl.org.uk/pensionfactsheets to download our factsheet Phased Retirement if you are interested in that option.

If you need further advice, contact our pension advisers on 020 7782 1600.

Walter Hines Page scholarships Teachers and lecturers are being offered the chance to study an aspect of the education system in the USA on a two-week study scholarship. ATL is once again sponsoring two Walter Hines Page scholarships, which include provision for accommodation, travel and hospitality for a fortnight-long study trip to the USA during the 2015-16 school year. Scholars study an aspect of education relevant to their TIME TO RETIRE own professional interests check the rules if you are considering and development. re-employment The deadline for applications is 25 November 2014 and interviews will be in London in March 2015. For more, see www.atl. org.uk/walterhines, or contact Monique Lowe at mlowe@atl.org.uk or on 020 7782 1551.

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BRITAIN NEEDS A PAY RISE | SATURDAY 18 OCTOBER 2014 – 11AM TO 5PM | HYDE PARK, LONDON | WWW.BRITAINNEEDSAPAYRISE.ORG People are currently facing the biggest squeeze on their incomes since Victorian times, and wages have fallen in real terms every year since 2010. As growth returns to the UK economy, everyone should get a fairer share in the recovery. This autumn, the TUC is organising a mass demonstration to make the case Britain Needs a Pay Rise. It will start with a march through central London and culminate in a rally in Hyde Park.

WWW.ATL.ORG.UK

19/08/2014 15:15

YOUR ATL… RESOURCES AND LEARNING ZONE

ATL RESOURCES Newsletters Reps and contacts will have received the latest issue of Being a Rep newsletter, which is positively bulging with updates, advice and information, such as the news that ATL has told the Government how Ofsted creates unsustainable workloads for members. There is also practical guidance on the new ways of deciding teachers’ pay and updates on pay in FE and sixth forms.

For health and safety reps there is a refresher course on risk assessments and

changes to the way accidents are reported, while union learning reps can read about the new programme of CPD from ATL, and a maths and English learning extravaganza held in Cambridge.

Recognition is the focus of the autumn issue of Independent Schools newsletter, which has been sent to all members working in the independent sector. It leads with one workplace rep’s account of how her and her colleagues’ fight to be recognised in their independent school ended with improved pay and conditions all round.

There is also an explanation of changes to pay and appraisal in the state sector that could migrate across to the independent sector in the near future. Finally, there is an invitation to November’s independent conference and to look out for ATL’s annual pay survey in the sector.

ATL MEMBERS are professionals and as such, you need support to develop your skills, and space to think about improving your practice. As the education union, your learning and development is at the core of ATL’s work, and we remain committed to supporting you in your development throughout your career.

ATL has a track record for running first-class CPD and we are proud to announce our courses for 2014-15. To understand which WWW.ATL.ORG.UK

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Teache r Appra isals: S etting O bjectives

Agreein

g objectiv es for perf teachers . This is ormanc especia e apprais on you lly imp r pay prog al with ortant your app ression. as the raiser is outcome a key issu of your Relevant e apprais be take information from al will hav for all n the revie e an imp governinginto account w state by head act bod men

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ATL reco other school’s mmends strategic relate to the objective there shou school objective plan (som s as deve s in the ld no mor more than workload etimes departme lopment or e improvem identified as objective . For part-tim three may incre than three professi nt or team plan the ent plan e teachers ase s may onal your s ) and any as objective be mor needs fewer than If an obje e and care well as to your three of hour s are structured appropriate unle er aspi s work may be ctive does not rations. own in a way ss ed. regarded fulfil thes to refle the e as bein ct the num It is poss g unreasonconditions then ber Annex it able.

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Performance pay factsheets ATL has produced a series of factsheets on performance-related progression (PRP) as the new pay structure comes into force. The factsheets, available to download free as PDFs, include an overview of PRP, as well as advice on appraisal review meetings, setting objectives in appraisals, appealing decisions, salary safeguarding, and progressing on the main and upper pay ranges.

The factsheets can all be found at www. atl.org.uk/factsheets and advice will also be published in October’s issue of Report.

Download from www. atl.org.uk/factsheets

Newsletters can be downloaded as PDFs from www.atl.org.uk/publications

LEARNING ZONE

ATL AD VICE

NEW CPD COURSES 2014-15

course is right for you, we suggest considering not only what would benefit your students or institution, but also what would be of most value to you. ATL courses include a variety of activities, such as group sessions, plenaries, presentations, videos and discussion forums.

Alongside our ever-popular themes of behaviour, creativity and safeguarding, we have several new courses this year, including ‘Dealing with the angry learner’, a one-day course to help you become more aware of anger as an emotion, how to deal with it within the school environment and how to help individuals manage their anger more appropriately.

We’re also introducing for the first time ‘Practical strategies for using the iPad in teaching and learning’, a practical course to help teachers and learners unlock the potential of iPads and explore how they can be integrated into the curriculum as teaching and learning tools.

This year sees the launch of a new series of one-day leadership courses, designed with the middle leader in mind, but those aspiring leaders and in current leadership positions will also benefit. Topics include ‘Getting the next five per cent’, ‘Leading others’, ‘Getting a high-performance team’ and ‘Managing performance through critical conversations’.

To find out more about these and all ATL CPD opportunities, and to book a place, go to www.atl.org.uk/learningzone SEPTEMBER 2014 | REPORT 29

19/08/2014 15:16

FINAL WORD… JOOLS HOLLAND

THE POWER OF MUSIC

Jools Holland is patron of the Music for All charity www. musicforall.org.uk

I AM OFTEN STRUCK by all the people I meet who tell me how much they regret never learning an instrument, or for those who did start learning when they were younger, how they wish they had carried on playing.

I always say the same thing to them: “Do it.”

I have been fortunate enough to be able to make my living with music and my life naturally brings me into contact with other musicians from all over the world and across all musical genres.

I continually see how the power of music-making can change lives for the better. It brings people together from all walks of life

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and is a fun and relaxing way to create something truly positive.

It is an extremely powerful means of communication and can help break down cultural barriers and strengthen social unity.

There are no age barriers to making music; young and not so young can all take part. Indeed, it is wonderful to sometimes see the different generations playing together. Music can also be made in so many ways: strumming a tune on a guitar by yourself is no less creative or satisfying than playing in a full orchestra.

Above all, music is truly rewarding; it puts a smile on the face and is a wonderful escape from the stresses and strains of modern-day life. Plus, it has so many other benefits. Did you know that playing a wind instrument can help the one in 10 people in the UK who have asthma?

And did you also know that learning a musical instrument at school has a direct correlation with success in other academic subjects, such as maths? It helps children with concentration, creativity, self-esteem and self-discipline.

In addition, there is a huge amount of research that shows just how truly relaxing making music is and the wide range of positive effects it has on our general well-being and outlook on life.

Recent research by the Music for All charity, of which I am a patron, showed that 28% of the population (aged over five) plays a musical instrument. That is almost 17 million musicians! But, there are eight million more people out there who would like to play again and a further 15 million who have never played but want to.

Our charity especially tries to help those people who are not fortunate enough to have the means with which to access instruments or lessons. We are sometimes able to help a school or other community project that does not have musical instruments. We are also more than happy to try and assist a keen individual who wants to learn, but cannot afford an instrument or music lessons.

Our main annual project is giving free taster lessons to people of all ages and backgrounds as part of our National Learn to Play Day (Saturday 21 March 2015). On this special day, we open the doors of hundreds of UK music shops and other venues with a wide range of instruments in order to show that we are all musical and that you are never too old to learn to play.

We do all this because everyone should have the chance to learn a musical instrument and there surely should be no barriers to taking part in something that is so life-affirming?

ILLUSTRATION : PHIL WRIGGLESWORTH

Everyone should have the chance to learn a musical instrument, says musician and TV presenter Jools Holland

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19/08/2014 15:16

GREAT EVENTS for your school to enjoy

The nation’s heart charity has two fun activity-based fundraising events that your school can take part in during the 2014/15 school year.

Jump Rope For Heart For 5-13-year-olds

A hugely popular event that encourages children to learn skipping skills as individuals, in pairs or in groups. Skipping is great fun and a superb way to get children active.

33 skipping ropes, teaching resources, skipping skills DVD, posters, sponsorship forms and a great organiser’s guide are provided in its pack worth over £100.

Ultimate Dodgeball For 7-18-year-olds

A great way for boys and girls of different ages and abilities to have fun and get active. Just choose your teams, create a team identity and organise your own fun event.

Three official UK Dodgeball Association dodgeballs, teaching resources, posters, sponsorship forms and a great organiser’s guide are provided in its pack worth over £30.

Everyone wins Your children win – They learn how to improve their heart health through fun physical activities.

You and your school win – These events are simple to organise and you get a comprehensive teacher’s pack with resources worth up to £100. Your school also gets to keep 20% of the sponsorship money raised, to support its work.

Your community wins – One in every 180 babies born in the UK has a heart defect and every seven minutes someone in the UK dies from a heart attack. The money you raise will help us fund research to prevent, predict and try to cure heart disease.

For more information, visit bhf.org.uk/everyonewins or call 0300 330 3322. To register online visit bhf.org.uk/register © British Heart Foundation, a registered charity in England and Wales (225971) and in Scotland (SC039426)

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19/08/2014 14:56

Your children.

Your school.

Your curriculum.

Now’s the time to shape the new primary curriculum to suit your children and your school. Our curriculum support includes free information, tips and tools, assessment advice, and fantastic new resources and professional development written for the new curriculum.

Find out more at

T257a P141109

www.pearsonprimary.co.uk/curriculum14atl

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