Hi Sharon

Not counting the maternity period is discriminatory without a doubt. And unless the non - teaching during maternity leave is capable of being 'objectively justified' as needing not to be counted, it's unlawful discrimination too. I suppose if someone needed e.g. three positive observations of actual classroom teaching to progress and because of the maternity leave none at all of these had taken place, it might conceivably be objectively justifiable, but otherwise personally I'd doubt it, although hasten to add that I have no specialised knowledge of any of these particular rules.

The other question to ask is 'why not allow it?' - i.e. what if any are the possible bad consequences of just doing it??

I'd ask to see the evidence based on the two years immediately prior to maternity leave. If they've got all the examples they need to prove they are at the UPS level from that period, then I don't think there's a problem. If they haven't, then you can look at where they need to gather extra evidence and help them target those areas ready to apply next year.

The question arises why they didn't apply to move to UPS 2 from UPS1 before they went on maternity leave. But as others have commented just ignore the Maternity leave period and assess them based on the strict criteria for moving based on the period immediately prior to maternity leave.

In reply to Keith:

It's probably not at the front of your mind when you're about to have a baby, Keith! :-D

In reply to Jacqueline:

For many teachers it is :-)

In reply to Keith:

Thanks all - as usual, very helpful responses.