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Pension Reform Dispute: Teachers' Union NASUWT To Issue Legal Challenge

Pension Reform

PA/Huffington Post UK   First Posted: 15/02/2012 06:21 Updated: 15/02/2012 06:21

A leading teachers' union is to issue a legal challenge to the government over its controversial pension reforms in a fresh blow to ministers' hopes of an end to the long-running dispute.

The NASUWT (National Association of Schoolmasters Union of Women Teachers) argued that the government should have embarked on a valuation of the Teachers' Pension Scheme to establish whether there was a problem with its viability and sustainability, before making changes.

The union has served a pre-action letter on the government Actuary's Department, the Secretary of State for Education and HM Treasury, setting in train a claim for a judicial review.

The basis of the legal action is that the NASUWT contends the Government had a statutory responsibility to conduct a valuation of the scheme.

The last valuation was conducted in 2006 and the union said regulations required a further valuation in a period not exceeding five years.

General Secretary Chris Keates said: "The Government has ignored our repeated requests to produce a valuation of the scheme.

"It is simply unacceptable and irresponsible for a Government to embark on changes which will have such a profound adverse impact on the financial future of teachers and their families without having evidence to demonstrate that a problem even exists.

"Not only is the Government failing to meet its obligations to teachers, it is failing in its duty to act in the interests of the public.

"It is however probably safe to assume that if a valuation would have provided evidence to support the Government's changes it would have produced it.

"The failure to provide the valuation has deeply angered teachers. The NASUWT has pledged to leave no stone unturned to defend teachers and their conditions of service and if this means recourse to legal remedy the union will pursue such action."

The NASUWT was one of a number of unions which lost a legal challenge to the government's changes to the indexing of pensions, with an appeal due to be heard next week.

Welsh teaching union UCAC said it was launching a consultation with members on the latest pensions offer from the government, ahead of a meeting of its executive next week.

The union said it had not signed the government's agreement as it considered the offer to be too detrimental to teachers, lecturers and to the education system itself.

General secretary Elaine Edwards said: "Members' views will be key to deciding on the next steps in this crucial campaign. The government's proposals will affect the vast majority of teachers in Wales whatever their age.

"That's why I'm encouraging members at all stages of their careers to let us know their opinion within the next week."

Negotiations over the pension reforms have still not been concluded, one of the main unions involved in the dispute said yesterday.

The GMB, which represents council workers, NHS staff and employees in the civil service, said a "lot more work" was needed before the talks ended.

Up to two million workers staged a one-day strike last November in protest at the pension changes, and some union leaders have raised the threat of more industrial action, possibly on 28 March.

The GMB's executive said in a statement: "The three separate negotiations GMB are involved in - local government, civil service and the NHS - are at a different stage and there is a lot more work to do to bring these negotiations to a conclusion.

"The executive agreed to give full support to the negotiating teams and agreed that GMB members, and no-one from outside the GMB, will make the final decisions when the negotiations are concluded and the final proposals are on the table."

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A leading teachers' union is to issue a legal challenge to the government over its controversial pension reforms in a fresh blow to ministers' hopes of an end to the long-running dispute. The NASUW...
A leading teachers' union is to issue a legal challenge to the government over its controversial pension reforms in a fresh blow to ministers' hopes of an end to the long-running dispute. The NASUW...
 
 
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16:33 on 15/02/2012
Why were
13:46 on 15/02/2012
So,..........what about the rest of us?
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16:14 on 15/02/2012
so..???
13:39 on 15/02/2012
The pension system is in a right mess. I was given a pension from, unfortunately Equitable Life by my former employer. I have been receiving it now, for three years. I am nearly 70, and now get letters from them saying they are going to reduce my pension by 50%. I have sent this to my MP but don’t expect any action. The important bit is:
“We are writing to let you know that Government have introduced new rules affecting this plan as set down in the attached document.
Under the new rules for the period 20 January 2012 to 19 January 2015 you can decide to take income of any amount in a year up to a maximum of £636.27 or you can choose to take no income. The amount taken will be subject to income tax”
The previous income was approx £1200 per annum. The good news is that I have severe diabetes and probably won’t live that long to put up with it.
12:51 on 15/02/2012
I wish I was a teacher. Above average salary, holidays when my son is off school, (school term is only 168 days at my son's school), no working bank holidays, no real performance measures (except how well I have coached the kids on their exam questions) and a nice above average pension paid for by someone else. which I want to take earlier than those mugs in the private sector. People need to see that not all people working in the private sector are bankers and that most are hard working individuals who have to balance their family commitments with their work commitments and normally at a heavy cost to themselves.
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16:17 on 15/02/2012
Im glad your not..
16:51 on 15/02/2012
Why ever not?
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13:53 on 16/02/2012
Craig why would i be angry..its obvious you havnt a clue ,what your posting..the post is there to see...so stop moaning about people,if you think you can do a better job..go get trained up..whats nasty about that...as for my spelling..crap schooling..tootle pip...
12:41 on 15/02/2012
The NASUWT are absoutely right - its been 5 years a independant review is a must.
12:24 on 15/02/2012
The NASUWT are absoutely right.The Govt should have carried out an audit, published the results and then there would be no argument. The Govt have either not done such a review/audit (negligence) or have done it but concealed the results (hiding something?) that is the cause of this legal appeal. The money belongs to the public purse. If TPS is not sustainable (and can be demonstrated) then Teacher Unions need to drop their action; if it finds otherwise, the Government need to back down and modify its pension plans for public sector workers where pensions are found to be in order and sustainable. This is not the first time the NASUWT has challenged the Govt of the day on legal grounds. Last time it won a monumental victory. See how this one goes.
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Norman Mitchison
12:22 on 15/02/2012
Wasting more money on Lawyers out of members subs seems a waste of money as they will get nowhere.
12:28 on 15/02/2012
Surely that's for members to decide. As an NASUWT member, I fully support such a legal challenge. How do you know they will get nowhere? Are you party to some information that the Unions and the rest of us are not? Do you know the figures about which the Union are challenging the Govt?
12:30 on 15/02/2012
The NASUWT did not take part in the initial Union action (involving the NUT and ATL). They did say that their action would involve a legal challenge on the basis now being done. Members voted overwhelmingly to support such action.
10:13 on 15/02/2012
This could be a real sting in the tail but I'm sure the Courts will rule in favour of the Governement as democracy continues to spiral "down the drain" with the ConDems.
10:07 on 15/02/2012
I wish the Union at Ford would do something about our pension and wage dispute. They didn't even send out all the ballot papers and seem to have let us all down. Won't be very long before the temps on Lion, Tiger and Lynx lines are all laid off yet again just the same as last time. Use us and abuse us. The temps are afraid to have any time off for a year, some coming in when badly ill and needing hospital treatment, all hoping to get a contract. Well that is out the window as of late March
11:05 on 15/02/2012
Ah yes a good old land of the whitehouse owned company, An no stirring for the Unions when its needed in a genuine case!
16:41 on 15/02/2012
In what way is this not a "genuine case"? Simply because it's the public sector, not private, does that make it any less genuine or deserving?
10:04 on 15/02/2012
Let us hope that the UNION is going to fund this exercise and NOT THE TAXPAYER.

It is amazing how Unions, who want some recognition after being quite, suddenly rear their ugly heads.

Unions do nothing other than cause big, big problems for the remainder of the Country.
11:06 on 15/02/2012
Yea i said that lol
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minimemo
Can I be your friend...if they let me out...
13:11 on 15/02/2012
I totally agree and I used to be a regional union rep!
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14:08 on 15/02/2012
Not a very good rep then...and the above said union ,have their own legal team...so no cost to the tax payer..only a slight tinge of jealousy.
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13:48 on 16/02/2012
Youve never seen "union rep...QUOTE " you working class "..yes i am and proud of it....and il keep waving my red flag..while you wave your white one...union rep my ar*se..and i cant be bothered to even look in your profile..why would i bother.
But im a kind of fella thatl tell you the truth anyway,,so dont be afraid to ask...no need to snoop..creepy person
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Allyb999
09:21 on 15/02/2012
Notice we can still afford to pay aid for overseas countries, still afford billions on the olympics, millions subsidising the meals and drinks at Westminster, still afford tax relief for people making over 150k a years pension contributions, allow multi national companies off with billions of pounds tax bills, afford to send our brave military half way round the world to act as peacekeepers, but yet we cannot afford the public sector pensions.
Yet they cannot produce a valuation report or the report does not support their view?
11:02 on 15/02/2012
trouble is everything the Union produces in evidence is ignored by the condem scum. Then there is no option left but to strike or take legal action.
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Allyb999
11:27 on 15/02/2012
I quite agree Berty, just wish the unions had seeked legal opinion/action a lot sooner. The vast majority of unions members have been asking for this, for a long time.
14:31 on 15/02/2012
Correct allyb999.
Its all about priorities, and health and pensions
do not come under that category right now.
What a mess we are in.
wes
09:14 on 15/02/2012
Must be some truth in it when companies like Unilever are reviewing Pensions, An arnt the Unions so good to come crawling out from under their stone and cause some stirring!!!
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16:08 on 15/02/2012
We havnt started yet...some people prefer to fight for things they believe in...youlle never experience the feeling.
16:18 on 15/02/2012
Already have m8 22 years Army, Then you know your fighting, You just have to accept when times are hard that sacrifice has to be made by all, Not just some!!!
09:03 on 15/02/2012
As a critic of final salary schemes in general - in general, they are unsustainable without large cost to taxpayers via council and income tax, and therefore unfair and unjustified), I am an even stronger critic of high-handed, and often arrogant actions by government ministers and their civil servants. In this case, the Unuin is fairly asking for an independent actuary to assess whether their scheme is viable ie its income from mebership and employer contributions meet the liabilities of their scheme. So long as this is not proved viable as a result of exorbitant 'employer' contributions ie via the taxpayer, there is nothing to lose, and everything to gain. Perhaps a fair employer contribution of (say) 15% should apply, and both parties agree in advance to stick by the outcome of such actuarieal report?
16:55 on 15/02/2012
the civil service unions already made an agreement for increased contributions with the last government,and both parties agreed that would be the end of it
the new government ripped it up
so much for sticking to the outcome
dont make me laugh
07:43 on 15/02/2012
Well done. The government has failed to produce a proper valuation of the scheme for all public sector workers pensions. We have only their word that they are not sustainable.
Whats the betting that the only reason that they want to change the scheme is so they can raid the public pensions to plug more defeceit.
Its a bit like road tax. We are taxed more that anywhere but our roads are in an appauling state.
Where does that money go???..............LOL
08:39 on 15/02/2012
The government spends our money as they see fit.
One year only one third of our road tax,was actually
spent on roads, a digusting situation.
I cannot remember exactly what year that was,
but it was common knowledge at the time.
Yes we the people, know little about what goes on
in the corridors of power.
Maybe we should take a closer look at what goes on
behind the scenes
We tend to put our trust in our polititions
thinking they know best , big mistake,
the last decade has proved that.
Time we looked into the polititions murky waters,
instead of them looking into ours.
We might get a shock.
wes
09:53 on 15/02/2012
I hope you are not a teacher Wes - suggest you check the dictionary for how to spell the word which means our politically elected representatives. The "c" in the word political should give you a pointer.
10:08 on 15/02/2012
It sure as hell does not go into repairing roads!

The other stupid thing is that because of nthe 'Green' issue, some vehicles are now using the roads without paying RFT, which simply means that the remaining vehicles pay a varying, higher (annual increase) rate of RFT.

That, I believe, was set up by the LibDem 's.