The Education Act 2002 stated that teachers without QTS could not teach in England unless they fell within one of the limited exceptions. One of these was "trainee teachers who have yet to pass their skills tests". Between 01 May 2001 and 31 August 2008, trainee teachers who would have gained QTS, but for the fact they had not passed all the skills tests by the end of training, were allowed to teach for up to five years (the five year grace period).
During this period, these individuals could only be employed as unqualified teachers; they were not newly qualified teachers (NQTs) and could not begin induction. On 1 September 2007, the regulations changed to remove the five year grace period. The Department for Children, Schools and Families has provided guidance on the amended regulations.
Teachers previously working unqualified can continue to take the tests and, if they pass, will be eligible for recommendation for the award of QTS, to teach, and to begin induction.
The changes may have slightly different implications depending on when a trainee began their final year of training.
Find out how the changes affect you
Employment
If you have not passed the skills tests and thus do not have QTS, you cannot take unqualified or qualified teacher employment but can work as an instructor or in a support staff capacity. This includes work as a teaching assistant or higher level teaching assistant.
You should be aware that trainees with instructor status cannot begin their NQT year and will not benefit from the same responsibilities and rights as a qualified teacher. This includes access to teachers’ pay and performance management arrangements.
Schools cannot automatically reclassify unqualified teachers as instructors. An instructor can only be appointed:
- to give instruction in any art, skill or subject where special qualifications or experience, or both, are required; and
- where no suitably qualified teacher, graduate teacher, registered teacher or teacher on the employment based teacher training scheme is available.
As an instructor, you can undertake work specified in the regulations to assist or support a qualified teacher or nominated teacher and you will work under the direction and supervision of qualified teachers. Your head teacher must be satisfied that you have the skills, expertise and experience to undertake work specified in the regulations.
How were teachers informed of this change?
Teachers who were working unqualified due to not having passed their skills tests were contacted by the General Teaching Council for England (GTCE) and advised to confirm their details by 31 January 2008. If you have been contacted, but believe you have passed the skills tests, you should contact the Teachers’ Qualification Team at the GTCE.
If you did not respond to the GTCE by the deadline, or have not passed the skills tests, the GTCE will have written to your head teacher and local authority informing them that you cannot continue to work as a teacher after 31 August 2008. You should talk to your school and employer to determine when they will take action.
Induction
Statutory induction is the bridge between initial teacher training and a career in teaching. It combines a personalised programme of development, support and professional dialogue, with monitoring and an assessment against the core standards.
Those who were previously employed as unqualified teachers and therefore did not have QTS could not start the induction period; any induction carried out during this time will be invalid. For more information please contact the induction team on 0300 065 6526 or e-mail induction@tda.gov.uk
