We think it is totally wrong that you should have something made in Whitehall for application in Wales

NUT General Secretary Doug McAvoy

The NUT said UK Education Secretary David Blunkett exceeded his powers by imposing specific tests on teachers for getting the performance-related pay.

The case, which began at the High Court in London on Tuesday, is part of a wider attack by the union on the way the government introduced the pay system.

The NUT believes that the assembly cabinet's view that the power has not been devolved, is flawed.

David Blunkett: Refused powers

In March, General Secretary Doug McAvoy wrote to all members of the assembly's education committee setting out the union's own legal interpretation of the relevant education act.

It is contrary to advice quoted by both Education Secretary Rosemary Butler and First Secretary Rhodri Morgan as well as Assembly officials.

Mrs Butler told AMs that the matter is out of their hands and is Westminster's responsibility.

First Secretary Rhodri Morgan also told the assembly that David Blunkett has refused to voluntarily transfer responsibility for the issue.

But, despite the advice, the education committee passed a resolution opposing any link between pupil performance and teachers' pay.

Role for assembly

"We think it is totally wrong that you should have something made in Whitehall for application in Wales," said Mr McAvoy.

"The Prime Minister is so obsessed with payment by results, which is want he is going to impose on teachers in England, that he wants to ensure that it is applied to teachers in Wales.

"We don't think he can do that by restricting the powers of the assembly.

"The government has only just rumbled that Wales was going to do something much more suitable to education than is happening in England.

"There is still a role for the assembly in arguing its own case.

"The most important issue is to have a system that is best for education in Wales."

The case is expected to end on Wednesday.