Article 16 School Teachers' Pay and Conditions

After paragraph 19D.7 there shall be inserted the following paragraphs—

“19D.8

Paragraphs 19D.9 to 19D.15 apply where—

(a)

the review officer orders that the threshold assessment of a classroom teacher is to stand; and

(b)

the teacher complains to the authority or school governing body which employ him that the review officer who carried out the review unlawfully discriminated against him.

19D.9.1

A complaint under paragraph 19D.8 may be brought no later than the end of the period of 40 working days starting with the day on which the classroom teacher received notification under paragraph 19D.6 of the review officer’s decision that his threshold assessment is to stand.

19D.9.2

A complaint under paragraph 19D.8 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.

19D.9.3

The classroom teacher who made the complaint under paragraph 19D.8 shall give a copy of it to the head teacher who made the assessment.

19D.10

The classroom teacher who made the complaint under paragraph 19D.8, the head teacher or assessor who made the assessment and the review officer shall at the request of that teacher’s employers supply them with such records, information or evidence as the employers reasonably request.

19D.11.1

Where the employers are satisfied that—

(a)

the classroom teacher’s complaint under paragraph 19D.8 is justified; and

(b)

the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,

they shall refer the case to a replacement review officer for a further review and inform him of their conclusions and the reasons for their decision.

19D.11.2

The employers shall notify in writing the classroom teacher who made the complaint and the head teacher who made the assessment that they have referred the case to a replacement review officer and of the reasons for their decision.

19D.12

Where a reference is made to him under paragraph 19D.11.1, the replacement review officer shall carry out a further review taking account of the employers' conclusions and the reasons for their decision, and paragraphs 19D.3.2 and 19D.4 to 19D.15 shall apply to the further review.

19D.13

When the replacement review officer has determined the further review, he shall in addition to fulfilling the requirements of paragraph 19D.6 notify the employers in writing of his decision and of the reasons for it.

19D.14

Where the employers—

(a)

are not satisfied that the classroom teacher’s complaint under paragraph 19D.8 is justified; or

(b)

if they are so satisfied, they are not satisfied that the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,

they shall dismiss the complaint, and notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it.

19D.15

The employers shall notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it under paragraph 19D.11.2 or 19D.14 (as the case may be) no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 19D.8.”.