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Ask the Union

Q

On 1 September 2012 the Government introduced new legislation giving any maintained school or academy where you have applied to teach the right to be told, upon request, whether you have been subject to capability proceedings in the last two years and, if so, to receive written details of:

A

• the concerns that gave rise to the capability proceedings

• the duration of the proceedings

• the outcome.

The new legislation will apply only if you currently work in a maintained school and are applying to teach at another maintained school or academy. It applies not only to proceedings since last September, but to those arising in the two years before it as well.

This new provision is at odds with the Government’s professed desire to rid schools of bureaucracy. It will place an unnecessary administrative burden on maintained schools, which already provide capability information to prospective employers in references. Clearly the true purpose of the provision is, to quote the DfE, “… to reduce the amount of recycling of under-performing teachers…”

The NUT’s advice to maintained schools and academies is not to ask for capability information on a I’ve heard that if you apply for a new teaching job, the school can now find out whether you’ve been subject to any capability procedures in the past. Is this true?

systematic basis, but to have regard to the administrative burdens created by blanket requests for information. Requests for capability information should be restricted to circumstances where work references appear to be incomplete, and only in respect of the successful applicant.

The legislation does not require schools to disclose information unless it is requested, and the NUT advises maintained schools to adhere to this. To do otherwise may invite legal challenge because if you disclose information which is not requested, data protection and confidentiality rules come into play.

If you are worried about the disclosure of your capability information to a prospective employer contact your NUT association or division. Find contact details at www.teachers.org.uk/contactus

Q 

What is the new asbestos guidance from the DfE?

A

The NUT was involved in preparing the new DfE electronic guidance on managing asbestos in schools, alongside other teaching and support staff unions. It is a good introduction to the topic.

The guidance is aimed at heads, school governors and other members of the school management team, all of whom need to know who is responsible for asbestos management procedures and documentation, and for ensuring compliance.

School management needs to see that maintenance, repair work and improvements on school buildings are conducted safely. This means:

• staff and visitors know what precautions to follow

• where health and safety functions are delegated, staff are trained appropriately and clear lines of accountability are established

• all work on buildings is carried out only after consulting the asbestos documentation

• any work likely to affect asbestos-containing materials is carried out by a qualified person after consultation with those who have duty-holder responsibilities, such as the employer, the governing body, or the building owner.

Read the NUT’s guidance at www.teachers.org.uk/node/12493

To read the DfE guidance visit www.education.gov.uk/b00215518/asbestosmanagementschools.

Send your questions for the NUT’s experts on legal, professional, and health and safety matters to: Ask the Union, The Teacher, NUT, Hamilton House, Mabledon Place, London WC1H 9BD or email teacher@nut.org.uk

Please note that any questions relating to personal problems or specific workplace situations should be directed to your school NUT rep, or division/ association – find details at www.teachers.org.uk/contactus.