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Ask the union

NUT experts answer your questions on legal, professional, and health and safety matters.

Q At the school where I am the NUT representative we have had a number of cases of swine flu among members. Some of the staff have been quite poorly and have been off work for more than a week. I am aware that anyone on sick leave is supposed to supply a doctor’s certificate from their eighth calendar day of absence. Our headteacher has been putting pressure on teachers to provide a doctor’s certificate on this basis, but it is difficult for staff to comply because doctors’ surgeries quite reasonably don’t want people infected with swine flu on their premises. What can we do about this situation?

A This situation should simply not be happening. Back in October 2009, following an approach by the NUT to the Local Government Employers (LGE), the LGE published advice to local authority employers to help them deal with sickness absence during the swine flu pandemic.

This advice, which is supported by the government, encouraged employers to consider relaxing the current arrangements for provision of medical certificates during the pandemic. It was suggested that employers could extend the period of self-certification to ten calendar days for those with flu-like symptoms. Given that 75 per cent of swine flu sufferers recover within ten days, such an extension would assist many of them, as well as relieving pressure on GPs. Anyone not recovered within ten days would probably need to seek medical help anyway, and so would be provided with a certificate.

Although this recommendation has no legal force, it is entirely reasonable in the circumstances. The NUT has asked its division officers to try to ensure that it is implemented by local authorities and the message communicated to schools. If you need support at your school, contact your local NUT division/association.

Your headteacher can view the LGE advice at www.lge.gov.uk/swineflu.


Q I’m on UPS1 and haven’t had my pay reviewed for three years. My headteacher says I have now missed the deadline to apply for progression to UPS2 from September 2009. Can you advise me please?

A There are a number of points where your school appears to be going wrong on the process for assessing Upper Pay Scale (UPS) progression as set out in the School Teachers’ Pay and Conditions Document (STPCD).

Firstly, unlike threshold assessment, there is no requirement to apply for UPS progression. In fact, your governing body and headteacher are required by the STPCD to assess every teacher’s pay every year with effect from 1 September. If you are eligible for UPS progression (ie you are on UPS1 or UPS2 and last progressed in September 2007 or earlier) then they must consider whether you should progress to the next point on the UPS.

Secondly, there is no requirement to fill in an application form or provide ‘evidence’. In many schools, teachers are still asked to do this – but it is not a requirement. If you don’t do so, they must still take a decision.

UPS progression is now linked closely to your performance management review. Your reviewer should discuss this issue with you

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