Classroom Teaching Assistants (Cumbria)

Debate between Robert Neill and Tony Cunningham

Wednesday 16th March 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (Robert Neill)]

May I congratulate the hon. Member for Workington (Tony Cunningham) on securing this debate and thank him and the other Members who have spoken for the way in which they raised an issue about which people in their part of the country clearly feel very strongly. I understand that. It is classically and appropriately one of the functions of an Adjournment debate in the House to raise issues that involve strong local feeling.

As I will explain, and as the hon. Gentleman and other Members will know, the Government’s role in decisions on pay and conditions and on work force issues is limited, but I will set it out. This debate has, none the less, given them an opportunity to vent the views of their constituents, and, as someone who has served as a member of a local authority and as a school governor, including at a special school, where particular demands were placed on the staff, I recognise and completely understand the issues to which they referred.

These decisions are essentially for the county council, as they are for any other local education authority, so it is probably appropriate that I set out factually the legal position that gives rise to the situation in relation to equal pay and single status on the one hand, and to the terms and conditions of the employment of teaching assistants on the other, because obviously in the case before us the two are interlinked.

Historically, the terms and conditions on which teaching assistants and many other local government staff are employed are decided not by central Government but by local authorities. In principle, that is right and proper, because they are generally best placed to do so. As hon. Members will know, there is a well-established mechanism in place with the National Joint Council for Local Government Services and other negotiating bodies of employers, trade unions, and other work force representatives that historically deal with these matters.

It is worth putting the single status agreement, which gives rise to this, into that context. The single status agreement is a national agreement between the trade unions and local government employers. The Government welcome the greater transparency that the agreement provides. Its principle is a good one, in line with the fact that we remain committed to promoting equal pay and ending discrimination in the workplace. I do not think that the underlying principles, or the agreement itself, are an issue between any of us. The signatories, including any local authority and the relevant trade unions, commit themselves to placing the majority of their work force into a single pay and grading structure, which is generally referred to as the green book structure. That provides the harmonisation that we all want and increases transparency.

Things such as spine points, which are familiar to all those of us who have been in local government, are set by the national joint council. However, the decision on where employees are placed on the pay spine is a matter for the local authority. Although virtually all local authorities remain within the scheme, it is not compulsory; Government cannot compel authorities to be a member. Some authorities—I think only three, in fairness—have opted out in relation to areas such as school support staff. Broadly speaking, however, the scheme works satisfactorily and efficiently.

The fact that there is that need to place employees on a single scale means that local authorities need to go through a process of ensuring that equally valued work is paid an equal amount, so that they can then assess whether they are meeting their obligations under the Equality Act 2010. The implementation of the single status agreement, following several court judgments that have been pretty well publicised, has revealed some historical inequalities in pay. For that reason, authorities such as Cumbria, and many others, have carried out job evaluation exercises. Of course, the outcomes and decisions taken are individual matters for each authority, but many have gone through the process.

[Tony Cunningham]

Does the Minister accept, though, that if the process itself is flawed, we end up with a very different result than we would if it were a proper process?

[Robert Neill]

Any local authority must act properly in carrying out a process. As we have heard, an appeals process is in place. I am told—in a sense, I am relaying factual information held by my Department—that because, as has rightly been observed, there is a very high number of appeals, schools have been invited to nominate a representative for each post being appealed to attend a hearing on behalf of their colleagues. It is a little bit like a class action in the courts. That is not a decision that Government take or can impose; that is the view that has been taken.