June 2011

The know zone

  • Lead vocals
    Quotes from George Eliot, George Burns, William Galdstone and Dr Seuss More
  • Sink or swim?
    A divided governing body can be deadly, so prospective heads should find out all they can before joining a new school, says Richard Bird. More
  • Cognitive behaviour
    Measures to save money don’t have to be massively radical. Small efficiencies can yield great gains, says Sam Ellis. More
  • Life-changing
    After going to sea as a teenage midshipman on a cargo liner, Kevin McAleese changed course and went into teaching. The former head of two large comprehensive schools, he is now chairman of the NHS North Yorkshire and York Primary Care Trust and an education consultant. More
  • Money talks
    Charity pfeg works with teachers to develop young people’s financial awareness and campaigns nationally to make learning about money matters an education priority. More
  • Adding value
    With schools facing cuts of nearly 5 per cent in real terms and one in six English secondary schools in deficit, achieving value for money is more important than ever. More
  • Train to gain?
    Is the government’s plan for a raft of teaching schools the best way forward for managing continuing professional development? And how does teacher training fit in? Leaders share their thoughts. More
  • Leaders' surgery
    The antidote to common leadership conundrums… More
  • Forming a united front
    Polarised debates about education are counter-productive. What we need, says Brian Lightman, is a supra-political approach in which all sides come together to analyse what works and resolve fundamental problems. More
  • Bored meeting
    Mike Hodgkiss offers some strategies for making interminable, tedious meetings slightly more tolerable.Mike Hodgkiss offers some strategies for making interminable, tedious meetings slightly more tolerable. More
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Leaders' surgery

The antidote to common leadership conundrums...

Taking complete control of retirement?

Q I know that the government has abolished the default retirement age and we will no longer be able to require staff to retire at 65, or any age. This is a shame as the default retirement age at least let us ‘retire’ with dignity some of our colleagues who didn’t realise or accept that they no longer had the enthusiasm, energy or expertise to be credible in the classroom. Where do we stand now and what can we do while staying within the law?

A ASCL agrees with your view and put this argument forward in the consultation. However, given where we are now, you are right to be concerned about following proper procedures as you could face claims of unfair dismissal and discrimination.

You may still discuss the future, including retirement, with employees as long as you don’t single out older workers. If you are going to ask older workers about their plans, make sure that you are having regular discussions with all employees over their future aims and aspirations, regardless of age. Managers may need training about this.

Unfortunately if a teacher or member of staff doesn’t see that s/he is no longer up to the job and is performing poorly you will have to use capability procedures.

It seems that it may be possible for employers, including schools and colleges, to justify having a retirement age in their policies, but to do this they need to show that they are acting to support a 'legitimate aim' of the organisation and that the age they set is proportionate.

Given the physical and mental demands of teaching, we think schools and colleges could justify taking this course of action, but of course it takes someone to act as the guinea pig to see whether or not it will hold up in court.

Should I stay or should I go?

Q I am a 57 year old deputy head and have been making plans to retire in two and a half years. I’ve worked with a financial adviser and I’m confident that I can maintain my lifestyle and do the travelling I’ve always dreamed of when I retire. However I’m now very worried by the incoming changes to my pension. Should I take early retirement? I’m not ready to leave just yet but I feel I have no choice if my pension is going to be savaged.

A ASCL’s advice, along with that of the other unions, is not to make hasty decisions about early retirement until the full picture about pensions and the implications are clear.

You will hopefully be somewhat reassured to know that the Hutton Review has recommended that accrued benefits be protected. This means that as of a certain date in the future, you would begin a new pension with new terms and conditions but your pension under the old scheme would be protected. You would in effect have two pensions with different terms and conditions. The government has not yet published its response to the Hutton Review but it seems fairly likely that it will accept this recommendation.

The current anger and uncertainity is being fuelled by the Treasury’s changes to contribution levels and the move to the consumer price index. Both will affect accrued pensions, whether you are drawing your pension or still making contributions.

Leaders' surgery

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