TEACHER RELATED PAY

Some new provisions for teachers’ pay will take effect from September 2013 in accordance with the 2013 School Teachers’ Pay and Conditions Document.

Schools need to review their pay policies so that they are ready to implement them as necessary. The Document provides for schools to exercise greater flexibility in determining teachers’ pay but that is not without its drawbacks.

Schools should be aware, that, when considering changes, they do not fall foul of equalities legislation and potential breaches of contract. For example, decisions unreasonably not to progress a teacher’s pay, to move the goalposts in the method by which pay decisions would be made, or to differentiate pay for spurious or unjustifiable reasons would constitute fundamental breaches of contract. Case law provides that any discretionary payment made by an employer is not wholly free from legal control. There is an implied legal term in every employee’s contract of employment that an employer should not exercise any discretion in a way which is ‘irrational or perverse’.

Criteria currently exist in the STPCD governing the award of TLR1 and TLR2, but the new provision in which TLR3s can be awarded, the length of time for which they can be awarded and even the amount they can be, are unclear. The STPCD 2013 is extremely vague on these points. Employers who do not have fit-for-purpose pay policies run the risk of creating these more general legal liabilities for themselves, in addition to the more specific ones relating to discrimination. Without rooting pay decisions in comprehensive, objective and transparent pay policies the legal dangers are very real.

The DFE has issued advice to schools. This is non-statutory advice and is therefore optional. This contains views on what schools might wish to do but is not a model policy.

The NASUWT and the NUT have set out their expectations of pay policies with a checklist that is now part of their action instruction to their members. They have also set out a model policy for consideration. Other associations have set out their options too.

Following negotiations between a group of heads and the NASUWT and NUT a local version of a pay policy was tabled for consideration at a meeting with the Unions/professional associations this week. I am pleased to report that there was general agreement that such a policy would be a helpful way forward.

Taking into account the interest of all in avoiding unnecessary turbulence, in the context that the STRB has been given a remit to consider elements of pay further and all non pay conditions of service for 2014, it seems sensible to avoid changing pay policies significantly at this time. The local authority therefore recommends that governing bodies adopt the attached pay policy which will comply with the statutory requirements and will also avoid disputes with and escalation of action by the NASUWT and NUT.

The main changes to teachers’ pay are:

  • The abolition of mandatory pay points within the pay scales for classroom teachers in favour of minima and maxima reference points for pay ranges.
  • Giving schools the option of increasing individual teachers’ pay at different rates based on their performance.
  • Replacing the current threshold test for progression from the main to the upper pay range with an application process.
  • Discontinuing the current Advanced Skills Teacher (AST) and Excellent Teacher (ET) designations and creating a new pay range for leading practitioners whose primary purpose is to model and lead the improvement of teaching skills.
  • Giving schools more freedom to determine starting salaries of teachers new to the school.
  • Removing any obligation on schools when recruiting to match a teacher’s existing salary.
  • More Discretion for schools in the use of allowances –for R&R and freedom to pay fixed-term responsibility allowances TLR3’s of up t £2,500.

Advice

  • Schools will need to review and revisepay policies in accordance with the School Teachers’ Pay and Conditions Document (STPCD) 2013. This is still in a draft form awaiting the determination of the Secretary of State on the Review Body’s (as yet unpublished) recommendations on pay.
  • Pay progression in September this year must be determined in accordance with the 2012 STPCD and, thereafter, in accordance with the 2013 Document.
  • The Review Body (STRB) has a further remit to consider all other elements of the STPCD for report in January 2014 and implementation in September 2014. The remit includes leadership pay, safeguarding, TLRs, SEN allowances and all non pay conditions of service. Schools should be wary therefore, of making excessive efforts to re-write pay policies when a further review will be necessary in a year’s time.
  • Performance Management/Appraisal has been established for some considerable time in schools and provides a means for assessing performance related pay. There has always been the provision for holding back progression on the mainscale and upper pay scale progression has always been subject to statutory criteria being met through performance management/appraisal policies.
  • There should be no needto consider major changes to a process that already provides for assessment of performance for pay progression purposes. Reviews of performance should provide the evidence for pay progression. The policy should outline what teachers can expect to receive during the year in relation to the assessment of performance as part of the annual appraisal process that recognises their strengths and informs them of their future developments.
  • The 2013 STPCD provides no scales for ASTs, Excellent teachers and those teachers who are currently on the main and upper pay scales. There are simply minima and maxima pay levels on ranges including one for the new post of Leading Practitioner. Schools are enabled to fill in what they want within the maximum and minimum of the pay range.
  • The 2013 Document provides greater flexibility for school to exercise discretion over pay but has no provision to pay honoraria or bonuses to teachers and there is no provision for expecting those on the main, upper or leading practitioner pay ranges to undertake management tasks. Paragraph 32 of the statutory guidance provides the explanation of payment for taking on the responsibility of, and accountability for, a subject area or to manage other teachers.
  • Governing Bodies should be aware that unions are recognised in law for pay bargaining and that the ‘flexibility’ provided by the 2013 Document means that elements of pay discretion should be subject to consultation with the recognised unions locally.

The LA recommends that:

  • Decisions regarding pay progression should be made annually for those on the main pay range and bi-annually for those on the UpperPayRangewith reference to their most recent appraisal/s and the teacher should be notified by 31 October of the outcome with backdating to September 1st for successful progression.
  • Schools should retain the current levels of pay (set out in the 2012 STPCD for the Inner London main, upper and unqualified teacher pay scales)for the equivalent pay ranges*set out in the 2013 Document and commit to the principle of portability in order to avoid chaos and vulnerability to legal challenge, staff grievances and disputes. This will ensure that increments are fair and less challengeable in terms of equalities legislation. It will also avoid problems with payroll services, which, at short notice, may face difficulties in processing pay arrangements that differ from school to school.
  • A leading practitioner scale*should be established where required with a five point pay range that can be agreed once the STPCD 2013 has been finalised.

*The recommended pay scales for all the ranges are set out in the attached pay policy.

  • Schools should maintain teachers’ previous pay entitlements in accordance with the principle of pay portability and thereby avoid the potential for teachers suffering detriment as a consequence of changes effective from September 2013.
  • Schools should apply the principle of pay portability in making pay determinations.
  • Decisions regarding pay progression will be made with reference to the teachers’ performance management/appraisal reports and the pay recommendations they contain.
  • The performance management/appraisal review statement at the end of a cycle will be the only source of evidence teachers require to support pay progression.
  • Teachers in their induction year will be awarded pay progression on the successful completion of induction.
  • Teachers should be awarded pay progression on the MainPayRange following each successful performance management/appraisal review. Reviews will be deemed to be successful unless significant concerns about standards of performance have been raised in writing with the teacher during the annual performance management/appraisal cycle and have not been sufficiently addressed through support provided by the school by the conclusion of that process.
  • Teachers should be awarded pay progression on the UpperPayRange following two successful performance management/appraisal reviews. Reviews will be deemed to be successful unless significant concerns about standards of performance have been raised in writing with the teacher during the annual performance management/appraisal cycle and have not been sufficiently addressed through support provided by the school by the conclusion of that process.
  • Schools should commit to awarding a one per cent pay uplift to all existingpay points and allowances for all teachers from September 2013, in line with the outcome of the School Teachers’ Review Body (STRB) pay review process.

The adoption of the attached pay policy for teachers will account for the above and has been agreed with recognised teacher trade unions. Governing Bodies will need to ensure that, in addition, their pay policies cover all non-teaching staff appropriately.

Model policy for determining teachers’ pay

The Governing Body of ______School

adopted this policy on ______

INTRODUCTION

1. This policy sets out the framework for making decisions on teachers’ pay. It has been developed to comply with current legislation and the requirements of the School Teachers’ Pay and Conditions Document (STPCD). The recognised teacher trade unions have been consulted and have agreed it as a locally recommended policy to school governing bodies for adoption. A copy of this policy will be sent to all staff and a copy of all relevant documents on pay and conditions will be made available to staff by the school.

2. In adopting this pay policy the aim is to:

•assure the quality of teaching and learning at the school;

•support recruitment and retention and reward teachers appropriately; and

•ensure accountability, transparency, objectivity and equality of opportunity.

3. The Governing Body will maintain teachers’ previous pay entitlements in accordance with the principle of pay portability and thereby avoid the potential for teachers suffering detriment as a consequence of changes effective from September 2013.

4. Pay decisions at this school are made by the Governing Body which has delegated certain responsibilities and decision making powers to the appropriate committee+ as set out in Appendix One. This Committee shall be responsible for the establishment and review of the pay policy, subject to the approval of the Governing Body, and shall have full authority to take pay decisions on behalf of the Governing Body in accordance with this policy. The head teacher/principal shall be responsible for advising the Committee on its decisions.

+ School to insert the name of the committee here and in the appendices where applicable.

PAY REVIEWS

5The Governing Body will ensure that each teacher’s salary is reviewed annually with effect from 1 September and that each teacher is notified of the outcome by no later than 31 October each year, and that all teachers are given a written statement setting out their salary and any other financial benefits to which they are entitled.

6Reviews may take place at other times of the year to reflect any changes in circumstances or job description that lead to a change in the basis for calculating an individual’s pay. A written statement will be given after any review and where applicable will give information about the basis on which it was made.

7. Where a pay determination leads or may lead to the start of a period of safeguarding, the Governing Body will give the required notification as soon as possible and no later than one month after the date of the determination.

BASIC PAY DETERMINATION ON APPOINTMENT

8The Governing Body will determine the pay range for a vacancy prior to advertising it. On appointment it will determine the starting salary within that range to be offered to the successful candidate.

9In making such determinations, the Governing Body will apply the following policy:

Classroom teacher posts

10. The Governing Body has established the following pay scales for classroom teacher posts paid on the MainPayRange and UpperPayRange:

MainPayRange Scale – Inner London*

£

1 £27,000

228,408

329,889

431,446

533,865

636,387

UpperPayRange Scale – Inner London*

£

141,497

243,536

345,000

(*Pay award pending)

11. The Governing Body undertakes that it will not restrict the pay range advertised for or starting salary and pay progression prospects available for classroom teacher posts, other than the minimum of the MainPayRange and the maximum of the UpperPayRange.

12. The Governing Body will apply the principle of pay portability in making pay determinations for all new appointees as follows:

(a) When determining the starting pay for a classroom teacher taking up their first appointment as a qualified classroom teacher, the Governing Body will pay the teacher on the MainPayRange and will allocate pay scale points, as a minimum, on the following basis:

• one point for each one year of service as a qualified teacher in a maintained school, Academy, City Technology College or independent school;

• one point for each one year of service as a qualified teacher in higher education or further education including sixth form colleges, or in countries outside England and Wales in a school in the maintained sector of the country concerned;

• one point for each three years of remunerated or unremunerated experience spent working in a relevant area, including industrial or commercial training, time spent working in an occupation relevant to the teacher’s work at the school, and experience with children/young people, including caring for children during a career break.

The Governing Body will also consider the allocation of additional scale points on the above basis to other teachers appointed to the Main or UpperPayRanges.

(b) When determining the starting pay for a classroom teacher who has previously worked in an LA maintained school or academy in England and Wales, the Governing Body will pay the teacher on the Main Pay Range or Upper Pay Range at a scale point which at least maintains the teacher’s previous pay entitlement plus any pay progression which they would have received had they remained in their previous post (subject to the provisions in paragraph 29).

(c) The Governing Body will also pay classroom teachers who are “post-threshold teachers”, as defined by the 2012 STPCD, on the UpperPayRange.

Leading Practitioner teacher posts

13. The Governing Body has established the following pay scale[s] for Leading Practitioner teacher posts paid on the LeadingPractitionerPayRange:

LeadingPractitionerPayRange Scale

1 **

2

3

4

5 **

(**Minimum and maximum salary values as in STPCD 2013)

14. Such posts may be established for teachers whose primary purpose is modelling and leading improvement of teaching skills, where those duties fall outside the criteria for the TLR payment structure.

15. When determining the pay scales for such posts, the Governing Body will do this by reference to the weight of the responsibilities of the post, bearing in mind the need to ensure pay equality, where posts are equally onerous, and fair pay relativities between posts of differing levels of responsibility.

16. The policy of the Governing Body is to appoint any new Leading Practitioner teacher at the bottom point of the pay range, save in exceptional circumstances when they can be placed higher up on the range.

17. The Governing Body will establish such posts from 1 September 2013 for all teachers previously employed in the school as Advanced Skills Teachers or Excellent Teachers and will pay them at a scale point which maintains that teacher’s previous pay entitlement plus any pay progression which they would have received had they remained in that post.

Unqualified teachers

18. The Governing Body has established the following pay scale for unqualified teachers employed in classroom teacher posts:

Unqualified Teachers*

Unqualified TeacherPayRange Scale – Inner London*

£

119,893