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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11122
Experience:  30 years experience as a solicitor.
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Is it legal employer to introduce a scheme, without

Resolved Question:

Is it legal for an employer to introduce a scheme, without first warning the staff, whereby any pay rise is only forthcoming on condition each member of staff submit an annual 1000-2000 word (dependent on status in the school) self assessment report. If you do not submit this report you will not get the half-1 per cent pay rise planned for the coming year.
I would be very interested to know if this practise is acceptable under employment law and within the context of an independent school.
Thank you
GH
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
Before we enter into discussions here can I ask you this: is there any contractual right to a pay rise?If so, where do we look to see such a contractual right?
Customer: replied 2 years ago.

Hi

I am sorry I did not respond sooner. Your e-mail went into spam folder.

I have been looking through the Staff Employment folder, which is not up to date (2013-14)

- There is an indication that there will be a regular process of staff and self-assessment. I have forms that I have completed to this effect over past couple of years. Regular assessment is not that regular though and is not connected to performance pay or an annual pay rise.

- There is nothing other than an indication that pay rises are in keeping with maintaining standard of living. Governors review with the Head annually and try to preserve this minimum. Until now we knew nothing was different. We have been getting about half a percent for last 8 years. Many of the staff salaries are now below the state sector salaries in teaching though.

I have been with the employer for nearly 15 years and I have not had a new contract issued for many years, other than an extra page acknowledging an extra responsibility I took on 18 months ago for a negotiated additional fee.

I await your response

Thank you

Gillian

Expert:  JGM replied 2 years ago.
Thank you for responding.
From what you say there is no obligation on the employee to provide a self assessment report in consideration of a pay rise. However, there is a contractual obligation to participate in self assessment albeit this hasn't been implemented in the past.
For that reason, you are bound to the self assessment but they can't link that to your pay rises.
Happy to discuss further.
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