The governing body of this school wishes to increase the headteacher’s salary by changing the individual school range (ISR). Can they do this whenever they wish?
Under the School Teachers’ Pay and Conditions Document 2001 the governing body had the opportunity to determine the ISR as of September 1, 2001.
If they did not do so then, one may presume that they might still do it now, with retrospective effect.
If they did do it then, they cannot do it again, unless they are appointing a new headteacher, or the school has moved into a different group for salary purposes, or they have set a deputy or assistant head’s pay range which exceeds the minimum of the ISR.
We have a senior post-holder who wishes to work a four-day week on her return from maternity leave. Neither the governors nor the headteacher believe that the job can be done effectively on this basis. Can we refuse the request?
You can, but be aware of the possible repercussions, should the woman decide to take you to an employment tribunal. Employment law and practice presumes in favour of the woman in this matter. The request should be granted, unless the employer can demonstrate that to do so would very seriously impair the efficiency and effectiveness of the organisation. The fact that it is inconvenient, or falls short of the ideal, is not a sufficient justification for refusal. It would be necessary to show that the job really could not be done in these circumstances. In this case, I doubt whether this could be argued sufficiently persuasively to convince a tribunal.Recent precedents, including the admission of a job-share arrangement for a headship, indicate that tribunals believe that ways can be found to make things work in most situations. In short, I think you would lose.
Archimedes
