Teaching & Learning Responsibilities

You have consulted on your draft structure…..

What do you need to do next?

By 31 December 2005 all schools must agree a staffing structure which replaces management allowances with Teaching and Learning Responsibility (TLR) payments. (The structure does not have to be implemented immediately – 31 December 2008 is the final deadline).

The governing body must consider responses to the draft structure and agree the staffing structure in the light of those responses….

Advice adapted from Review of the School Staffing Structure: Guidance for Schools in England, Rewards and Incentives Group (RIG), 27 May 2005.

Finalising the new structure: Questions for the governing body to ask

  • Was the agreed process for consultation followed?
  • What changes to the draft structure and implementation plan are proposed as a result of the consultation?(paragraph 59)
  • Were there any concerns raised by unions and staff during the consultation which have not been addressed?(paragraph 59) For example, the union may have asked for job descriptions or other details which the school did not publish in the consultation.
  • Have all the written responses to the draft structure, implementation plan and job descriptions from unions and staff been provided for the governors?(paragraph 59)
  1. The headteacher will present to thegoverning body the draft staffing structure and implementation plan, and the comments received, including formal written submissions from the recognised unions or others as a result of the consultation. The headteacher should advise of any amendments proposed as a result of the consultation, any proposals not incorporated and the reasons why.
  2. The circulation of documents to the governing body and the recording of its decisions should be made in the normal way.
  • Should we make changes to our original draft proposals? (paragraph 61)

61 The governing body should consider the outcome of the consultation very carefully. The options available are:

  • to adopt the staffing structure and implementation plan with any amendments proposed as part of the consultation which are accepted; or
  • propose amendments to the draft structure and implementation plan which have not been subject to consultation.

(Where draft structure, implementation plan and job descriptions are changed at the meeting i.e. different from amendments proposed as part of the consultation, the governing body will need to consult further before finalising them.) (paragraph 62)

62. If amendments are made which have not been the subject of consultation or there are concerns about some of the issues raised during consultation which have not been resolved, the governors can decide on a further period of consultation with staff and recognised unions. Where this option is adopted the staff and recognised unions should be notified in writing of the timescale of the extended period of consultation and the issues to be addressed during that period. The timescale of any further consultation should be proportionate to the scale of the amendments made by the governing body, but should in no case be less than one week.

  • If the governing body has determined that there should be further consultation has a date for further meeting of the governors been set? This timescale should allow the structure and implementation plan to be finalised by 31 December 2005 the latest date by which the process can be completed.

Implementing the new structure: Questions for the governing body to ask

  • Is there an agreed process for publishing the agreed structure and implementation plan?
  • Has the governing body considered the implications for the school’s pay policy?(paragraphs 63 and 67)

63Once adopted by the governing body, the new structure and implementation plan should be included as an annex to the school’s pay policy.

67The structure and implementation plan must be approved and adopted by the governing body by 31 December 2005. It should be incorporated as an annex to the school's pay policy which should have been revised as appropriate to take account of the new structure. The revision should be subject to consultation with staff and the recognised unions. The current model pay policy agreed by RIG can be found at docbank/index.cfm?id=7478. Implementation must be completed by31 December 2008.

NB. Oxfordshire’s amended model pay policy can be found on the intranet: L&C > Resources > Human Resources > Pay Policy

  • Is the governing body satisfied that:
  • those staff who will be subject to the safeguarding provisions have been clearly identified?(paragraph 68)
  • appropriate arrangements are in place to provide each member of the teaching staff with the required pay statement, incorporating details of any safeguarding, by 31 January 2006? (paragraphs 62-63 and 68);

68.Each member of the teaching staff must be given a revised annual pay statement within a month of any determination which may affect their pay, incorporating details of any safeguarding. In the case of teachers in receipt of management allowances, this statement must be issued on or before 31 January 2006. A model pay statement agreed by RIG will be made available on the Teachernet website shortly.

Safeguarding management allowances

Paragraph 23C covers safeguarding for teachers who were awarded a management allowance on or before 31 December 2005. Safeguarding of any management allowance scheduled to continue after 31 December 2005 commences on 1 January 2006, for a maximum of three years. All management allowance safeguarding will end by 31 December 2008 but may end earlier in certain circumstances.
The relevant body must review the duties assigned to a teacher who is paid a safeguarded sum and allocate such additional duties as it reasonably considers are appropriate and commensurate with the safeguarded sum. A teacher whose salary is safeguarded must not be paid the safeguarded sum if he unreasonably refuses to carry out such additional duties, but the relevant body must notify him at least one month in advance of its determination to cease paying the safeguarded sum.
The following link gives detailed guidance for relevant bodies and teachers on how the safeguarding rules apply in respect of management allowances.
  • Are governors confident that the school has the capacity to carry out the implementation phase effectively? (paragraphs 65 and 66)

65. The processes that the school will need to apply to introduce the new structure during the implementation period will depend on the nature of the changes proposed and turnover in the staffing structure. The school should take advice from its LEA (or personnel/Human Resources service provider) on the relevant process for implementing changes in responsibilities and contracts of employments. Whether ring-fenced selection is needed will depend on the extent to which an individual’s current responsibilities match the requirements of the new post at the point of implementation.

66. The complexity of the implementation phase will vary from one school to another, depending on the magnitude of the changes involved. Headteachers should nevertheless take account of the principles for effective implementation outlined elsewhere in this guidance.

  • Are arrangements in place for the governing body to maintain a clear overview of how all aspects of implementation are progressing? (paragraphs 69 and 70)

69.Headteachers are advised to keep the governing body, staff and recognised unions fully informed of progress during the implementation period, so that their views and any representations can be taken into consideration.

70.It will be possible for schools to make adjustments to their staffing structures to take account of new developments over the implementation period. Any such changes would need to be the subject of further consultation.

  • If there are any savings arising from the new structure, is there a plan of how these should be used? There is an expectation that they be ploughed back into staffing. (paragraph 64)

64. As they implement the new system, schools should determine how best to utilise any savings which may be made in the overall amount spent on management allowances over period of transition. Bearing in mind the financial provisions made in the January 2004 Agreement on rewards and incentives for post-threshold teachers and the school leadership group, their priorities should be the teachers’ pay bill and remodelling the school workforce.

  • Might we wish to modify our new structure in the light of new circumstances or fresh thinking? The governing body can modify the structure at any time but it must go through the same consultation process.

Notes

During the implementation stage there may be discussion about the extent to which teachers with no TLR money can be expected to coordinate a subject. There are three paragraphs in the Pay and Conditions document (73.6, 73.1, 73.11.3/4) which say teachers can be expected to do some subject coordination as part of their classroom teachers’ responsibilities but if, for example it entails leading and managing other teachers that would not be reasonable without additional remuneration. The issue is one of accountability - if you want to blame someone if things go wrong you need to pay them a TLR. (See separate paper).

Does the new TLR structure prevent payments for staff to take short term responsibilities for which TLRs are not appropriate?

Temporary TLRs should only be awarded where the teacher is appointed to cover a different post in the staffing structure to which a TLR payment is attached (such as in cases of cover for secondments, maternity or sick leave or vacancies pending permanent appointment) and for the duration of that responsibility. TLRs should not be awarded in any other circumstances, for example where the responsibility is short-term or fixed-term, because such circumstances would not meet the overarching criterion for the award of TLRs. The length of the period must be set out in a revised pay statement given to the holder of the temporary TLR.

Paragraph 54.1 of the School Teachers’ Pay and Conditions document Recruitment and Retention allowances and incentives does allow a school to offer additional payments for staff for a short term task. TLRs are permanent but incentive allowances are not and can be offered to younger teachers to carry out a significant bit of coordination as part of their professional development, for example. The circumstances in which the school might use these allowances and incentives should be set out clearly in the school’s pay policy.

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