Help With Employment Laws Please....

[scruffbag]

I am currently working as a teaching assistant with eighteen years experience under my belt. Another lady who started the job the same time as me and who is a qualified teacher, but is working as the same grade as myself, is on a lot more money than me.
We both do exactly the same job. The only difference is the rate of pay which she gets.
Is this legal?
Many thanks for listening!

[EDDIE51]

It is 100% legal. If the other lady has handed in her notice why not apply for her job? And demand the same salary.
A private school can pay what ever they like there are no rules about 'grades' and salary as there are in State schools. The private school can follow the State school grade system or use it's own system it can use one system for one employee and another system for another employee.
I still think the other lady would have been employed as a 'teacher' while you were employed as a 'teaching assistant' even though you were doing the exact same job.
As I said earlier, I think you can register as a qualified teacher after 20 years as a teaching assistant, check up on it! You only have 2 years to go and this could be time to apply to be upgraded.

[EDDIE51]

Look here it is possible to train as a teacher by 'on the job' training while you stay in your teaching assistant job.
https://www.tes.com/articles/teaching-assistant-career-development
I am surprised your school has not offered you the chance to do this already.

[woofgang]

ok you need to know.....yes its legal. what now?

[scruffbag]

Many thanks again x

[thugulike]

I wrote the national job descriptions for teaching assistants. There are several grades from Classroom Assistant to HLTA. Each level has a pay band. Just because your colleague is a qualified teacher does not mean she should be paid more than you. A teacher can never be paid less than the highest amount they received. If a Headteacher returns as a classroom teacher they would still get paid as a headteacher. But that only applies to teaching jobs. It may be that the headteacher is not aware that the rule does not apply or maybe they don't care but I don't think they would normally pay more than they had to. Be sure of your facts before making any challenge.

[fiction-factory]

As long as both are on the same band it seems perfectly legal. Teachers for example receive an almost automatic increment each year within the band and on starting teachers can be granted additional increments on the scale based on previous relevant experience, higher qualifications (some give more for a first class degree) and maybe one for special skills. They might in theory be doing the same job but they can be paid differently in the band, but more may be expected of the higher paid one. Increments like this are being phased out in many organisations outside the public sector

[fiction-factory]

Just seen thugulike's answer. Maybe some special rules apply, perhaps agreed with employer and unions, then that I'm not aware of for this particular job, although I would find it surprising if everyone had to be paid at the same point and there was no band

[thugulike]

fiction-factory there are bands for each level. My concern was that a headteacher may think that the teacher regulations which are in the School Teachers Terms and Conditions Regulations may apply to a teacher working as a teaching assistant. Teaching Assistants are paid under different terms and conditions, i.e Local Authority Green Book and have different pension conditions too. If a TA is paid as a teacher under the teaching T&Cs it could be very difficult indeed to unravel.