Schools risk facing legal action unless they give eligible teachers automatic pay progression, a major teaching union has warned.
Normal performance measures should be “disapplied” during the coronavirus crisis, as it is “completely inappropriate” for schools to carry out lesson observations at this “extraordinary time”, according to NASUWT general secretary Patrick Roach.
Mr Roach said teachers who are eligible should be given “automatic pay progression” at the end of the performance management cycle.
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He warned that schools taking “any other approach” risk facing legal action, as they could be acting in a way “not consistent with equalities legislation”.
The Department for Education (DfE) has said teacher appraisals must continue in maintained schools during the coronavirus pandemic, but schools should “use their discretion” and “take pragmatic steps” to adapt arrangements in light of the current circumstances.
The news comes the day after Tes revealed nearly one in 10 teachers reported observations continuing in lockdown.
Mr Roach said: “The NASUWT has been clear that the normal performance management process should be disapplied during the COVID-19 pandemic and that teachers who are eligible should be given automatic pay progression at the end of the performance management cycle.
“Given the barriers that employers face in operating appraisal fairly and consistently in current circumstances, any other approach could result in employers acting in ways that are not consistent with equalities legislation and could result in legal action being taken against them.”
He added that it would be “completely inappropriate” for schools to carry out observations at this time.
“Teachers have pulled out all the stops during this crisis and have been forced to quickly adapt to new ways of working in order to continue to support the pupils they teach,” he said.
“It is completely inappropriate for any school to place teachers under the additional pressure and scrutiny of lesson observations at such an extraordinary time.”
The DfE pointed to the official government guidance, which states: “Schools must ensure that teachers are not penalised during the appraisal process or in respect of any subsequent pay progression decisions as a result of partial school closures, where this has impacted on the ability of the teacher to meet fully their objectives.”
