Teacher Pay Policy - Information Document INTRODUCTION

Teacher Pay Policy - Information Document INTRODUCTION The School Teachers Pay and Conditions Document (STPCD) places a statutory duty on schools/las to have a teacher pay policy in place. The purpose of a pay policy is to set out the principles which are to guide all pay decisions for Headteachers, Deputy Headteachers, Assistant Headteachers and Teachers at the school, both on first appointment and thereafter, and the procedures which will be followed, in the context of the School Improvement Plan. This should ensure fair and equitable treatment for teaching staff and minimise the prospect of disputes and legal challenges of pay decisions, incorporating relevant employment legislation and the principles of public life, namely objectivity, openness and accountability. It is the responsibility of the Governing Body to produce the pay policy. However, in order to ensure that full consideration is given to all aspects of pay and conditions, the Governing Body may wish to consider establishing a working party with delegated responsibilities to draw up the draft policy. This process will provide a more appropriate forum for consultation to take place with all the interested parties. When preparing their pay policy Governors should take care to be consistent and to avoid approaches likely to give rise to complaints under any of the following legislation: Equality Act 2010 Employment Relations Act 1999 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Fixed Term Employees Regulations 2002. All pay decisions must be undertaken in the context of the pay policy which must be linked to the appraisal system, noting the Education School Teacher Appraisal (England) Regulations 2012. There is no automatic pay progression for any teacher. Prior to any pay progression being considered a performance/pay review must be carried out in line with the school s appraisal policy. The appraisal process is, therefore, key to the performance/pay review working effectively see Appendix 1. Regard must also be had for the teacher s particular post within the staffing structure. A copy of the staffing structure revised as appropriate following any review of school staffing should be attached to the pay policy together with the implementation plan for bringing in changes. No payments or conditions of employment other than those provided for in the STPCD and the Conditions of Service for School Teachers in England and Wales (known as the Burgundy Book) may be applied to teachers, except those conditions which are always determined locally and which do not conflict with the STPCD, unless the Secretary of State has granted exemptions under other legislation. Local Agreements, e.g. Leicester Amplification Document/Leicester City Approved Pay 1

Structure for Teachers, have been negotiated with trade unions and professional associations and any future changes to policy will be dealt with in this way. The STPCD does not provide for the payment of bonuses or so-called honoraria in any circumstances. The pay policy should be reviewed annually, normally in the autumn term. The LA provides a model pay policy which is recommended for adoption. The model reflects the requirements that all decisions are made in line with employment legislation and statutory requirements of the STPCD. This information document is provided to schools who buy into the LA HR professional service to assist governors/school leaders/managers in the practical application of their school s pay policy. The information offered assumes schools have adopted the LA model policy. The following other LA model policies also support this process: Appraisal policy Classroom observation policy Leicester Approved Pay Structure Capability policy ROLES AND RESPONSIBILITIES The following section identifies the roles and responsibilities of those involved in this process: Governing Body Ensure pay policy is reviewed annually to reflect any changes. Formally adopt the policy and ensure all relevant parties are aware of the policy. Appoint a pay committee to manage the process on behalf of the Governing Body. Identify and agree the terms of reference and the constitution of the committee. Monitor implementation of the policy, ensuring all pay matters are linked to the appraisal process for performance reviews and pay progression. Consideration should be given to equality monitoring of pay decisions to avoid any potential discrimination. Ensure relevant parties are appropriately trained and briefed to manage the process in line with agreed policies. Ensure resources are available to support the pay decisions. Pay Committee The remit of the Pay Committee is as set out in the pay policy. To assist, the suggested responsibilities are set out below: Applying fairly the discretionary areas of pay as identified in the policy. 2

Determining salary at the time of annual review for teachers, including the consideration of teachers for performance related pay. Determining salary at the time of first appointment for teachers. Ensuring that all statutory and contractual requirements are complied with. Ensuring that adequate records of decisions are kept. This committee will have fully delegated powers to decide awards without further reference to the Governing Body. A summary of the decisions will be provided to the full Governing Body for ratification. This may be in the format of minutes as long as they do not name individual teachers in line with data protection. Headteacher/Principal/Service Manager Ensure Governors are aware of the need to prepare a pay policy, and review it on an annual basis, in line with statutory requirements, employment legislation and any local agreements. When the policy is being prepared/reviewed attend any working party meetings as a member of the group. Ensure all job descriptions (teaching and support staff) are reviewed on an annual basis. Undertake, at the request of the Governors, the recruitment of staff. Ensure all staff receive an up-to-date copy of the pay policy once agreed by the full Governing Body. Follow the pay policy on all issues relating to pay. Ensure the appraisal arrangements are in place throughout the cycle. This will include ensuring appropriate training is in place for all relevant parties and that the process is being applied in a timely and fair manner (Appendix 2). Write to teachers informing them of the outcome of their salary review by no later than 31st October in the same calendar year. Also inform them of their right of appeal as per the policy. Ensure accurate records are maintained and retained for all teaching staff. Teachers Engage fully in the appraisal process. Ensure they are aware of the processes to be applied in respect of pay progression at their school. Share any information with the appraiser as appropriate throughout the cycle. Ensure they receive written notification of the outcome of the pay review. Decide (if applicable) if they wish to apply to access the upper pay range and provide appropriate evidence. PAY REVIEW TIMESCALE In normal circumstances the pay review process should be completed by 31 October for teachers and 31 December for Headteachers. In exceptional circumstances, if this cannot be achieved, a revised deadline should be set and all staff notified. Even in such circumstances the process must not be unnecessarily delayed. 3

Pay adjustments will be effective from 1st September of each year. All pay decisions must be notified in writing to the teacher. Teachers on maternity leave It is unlawful for a school to deny a teacher who is absent due to maternity leave an appraisal and pay progression decision. When a teacher returns to work from maternity leave the school must give her any pay increases that she would have received, following appraisal, had she not been on maternity leave. Schools need to take a practical/flexible approach to this issue. It is recommended that, where a teacher has been absent for part or all of the relevant year, whilst seeking to ensure the teacher is treated fairly the integrity of the appraisal process is not compromised. The following are offered as options to address this matter: Consider concluding the appraisal before the teacher commences maternity leave and then basing any appraisal and pay decisions on the evidence of performance to date in the appraisal year. In the event there is little evidence due to the maternity leave commencing very early in the appraisal cycle, or before the cycle starts, account could be taken of performance in previous appraisal years. Schools must ensure they have considered this circumstance and identified how such cases will be managed. Keeping in touch (KIT) days should not be used for appraisal purposes. Teachers on disability related sick leave For teachers absent for disability related reasons schools need to ensure that any reasonable adjustments are made to their policies to ensure equality of opportunity for the teacher to allow participation in the process. There is not the same legal requirement for teachers absent on sick leave/disability leave as applies to those on maternity leave. However, schools may wish to consider applying the same options as above. When a teacher returns to work following a disability related absence the school must not refuse a pay increase that the teacher would have received following appraisal, had he/she not been absent for a reason related to disability, if the reason for refusal is the teacher s disability or the refusal cannot be objectively refused. LEADERSHIP GROUP (see Appendix 2 of model pay policy for pay ranges) The 2014 STPCD identified the following changes to leadership pay: 4

A simplified framework for leadership pay allowing schools greater autonomy to set leadership pay based on school size, context and challenge. Governors must still assign a group to the school. A simple approach to setting pay for new appointments. Headroom above the current leadership maximum to incentivise/reward Headteachers taking on the largest/most challenging roles. Removal of spinal points and differentials, allowing for more flexibility to manage performance and reward school leaders based on performance. This means Governors are not required to adhere to the previous seven and five point ranges for Headteachers and others on the former Leadership Spine; however it is recommended that a clear range is identified within the policy. It should be noted that, although the minimum and maximum pay points for each group size are identified in the STPCD and reproduced in Appendix 2 to the model pay policy, spinal points have been removed. The LA has provided a discretionary reference points table to assist schools in this matter. It is for Governing Bodies to determine the specific rate of pay for Headteachers taking account of the responsibilities/accountabilities of the post, skills and competences required together with any challenges and any relevant issues e.g. recruitment issues. Governors should identify when pay will be reviewed. The Headteacher pay range will only be re-determined if the responsibilities change significantly. Itshould be reviewed by the Governors: when they propose to appoint a new Headteacher; if it becomes necessary to change the Headteacher group (including if the Headteacher becomes responsible and accountable for more than one school in a federation on a permanent basis). at any time if they consider it necessary to reflect a significant change in responsibilities of the post. New appointments to Leadership Group Governors should refer to section 2 of the STPCD when appointing a Headteacher or another member of the leadership team, taking account of these requirements. A three stage approach for determining the pay range for a new appointment to a leadership post is offered. This provides substantial flexibility to set pay at the level needed to attract Headteachers and other members of the leadership team by systematically considering the circumstances of the role before advertising the post and following the selection process. The three stages are: Stage 1 Defining the role and determining the Headteacher group Stage 2 Setting the indicative pay range Stage 3 Deciding the starting salary and individual pay range 5

Governors should ensure that all decisions, and the reasons for them, are well documented at every stage. All pay decisions must be made on objective criteria so that there is no discriminatory effect on any teacher or group of teachers with a particular protected characteristic under the Equality Act 2010. Stage 1 Defining the role and determining the Headteacher group At this stage define the job and identify the broad pay range as a provisional guide to determining an appropriate level of pay. You will need to define and set out the specific role, responsibilities and accountabilities of the post as well as the skills and relevant competences required. For Headteacher posts you should assign the school to a Headteacher group which will determine the appropriate broad pay range. This should be done by calculating the total unit score for the school in accordance with paragraphs 5-8 of the STPCD 2015. Example NOR key stage 1 = 100 x 7 units = 700 units NOR key stage 2 = 100 x 7 units = 700 units Unit total = 1,400 units Group = 2 Discretionary reference points range = 45876-62521p.a For other leadership group posts you should consider how the role fits within the wider leadership structure of the school. The pay range for a deputy or assistant headteacher should only overlap the Headteacher s pay range in exceptional circumstances. Stage 2 Setting the indicative pay range At this stage Governors will need to consider the complexity and challenge of the role in the particular context of the school and make a judgement on pay in light of this. You should note that former discretionary payments, such as allowances for recruitment and retention, permanent additional responsibilities (e.g. the provision of initial teacher training (ITT)) and long term provision to other schools, should be captured at this stage and included within the base pay range. For Headteacher posts it is expected that normally Governors will conclude that the total unit score fully captures the complexity of the role and that the relevant broad pay range accommodates appropriate levels of reward. Governors will wish to consider whether the indicative pay range should start at the minimum of the Headteacher group or whether it should start at a higher level because of the level of challenge of the post. There may, however, be circumstances in which there are additional factors that suggest the indicative pay range should be higher than would be provided by the basic calculation in stage 1. The following are some examples of the additional factors Governors may wish to consider but these are for guidance only and are not intended to provide an exhaustive list: 6

The context and challenge arising from pupils needs e.g. if there is a high level of deprivation in the community (Free School Meal (FSM) entitlement and/or English as an Additional Language indicators may be relevant), or there are high numbers of looked after children with special needs, or there is a high level of inyear churn/pupil mobility, and this affects the challenge in relation to improving outcomes; A high degree of complexity and challenge e.g. accountability for multiple schools or managing across several dispersed sites, which goes significantly beyond that expected of any Headteacher of a similar-sized school(s) and is not already reflected in the total unit score used at stage 1; additional accountability not reflected in stage 1 e.g. leading a teaching school alliance; factors that may impede the school s ability to attract a field of appropriately qualified and experienced leadership candidates, e.g. location; specialism; level of support from the wider leadership team. If Governors consider that circumstances warrant it the indicative pay range may be set with a maximum point up to 25% above the top of the relevant headteacher group range. Above that limit external independent advice must be sought and, should the advice suggest that additional payment is appropriate, a business case must be made and agreed by the full governing body. Governors should ensure that no double counting takes place, e.g. of things taken account of in stage 1, such as responsibility for an additional school already reflected in the total unit score; or from using overlapping indicators, such as FSM and the pupil premium. Governors should not increase base pay, nor pay an additional allowance, for regular local collaboration which is part of the role of all Headteachers. For other leadership roles the process is broadly the same. Governors will wish to consider how the other leadership roles should be set in relation to the level set for the Headteacher and ensure that there is sufficient scope for progression. At the end of this stage Governors should decide where, in the broad range, to position the indicative pay range and set this out clearly when the job is advertised. An overall judgement should be made on the position and breadth of range, allowing appropriate scope for performance-related progression over time, clearly linked to school improvement priorities and outcomes. There should be a clear audit trail for all decisions made and the reasoning behind them. Stage 3 Deciding the starting salary and individual pay range 7

The first two stages provide the means for determining the appropriate pay range. The third stage is essentially about deciding on the starting salary for the individual to be offered the post. At this stage Governors will have a preferred candidate and will wish to set the starting salary in the light of candidate-specific factors such as the extent to which the candidate meets the specific requirements of the post. It will be important to ensure that there is scope for performance-related progression over time. Setting a Headteacher s pay range above the school group range The relevant body should have oversight of a Headteacher s entire role and any paid responsibilities attached to the role. This should ensure that the relevant body can take a fully informed decision about the appropriate remuneration for a Headteacher and any consequential implications for the pay of other staff who may be taking on additional responsibilities in the absence of the Headteacher. It should be wholly exceptional for the total value of the salary, including temporary payments, to exceed the limit of 25% above the maximum for the Headteacher group for the school(s) in any year. If the Governing Body considers there are wholly exceptional circumstances warranting payment in excess of this limit the pay committee must make a business case for the payment to the full Governing Body. The Governing Body must seek external, independent advice from an appropriate person or body who can consider the STPCD provisions, and if they have been properly applied, and advise the Governing Body before it decides whether it is justifiable to exceed the limit in a particular case. There must be a clear audit trail of any advice given to the Governing Body and a full and accurate record of all its decisions and the reasons behind them. Headteachers responsible and accountable for more than one school on a permanent basis There may be a number of circumstances in which it is appropriate for a Headteacher to be permanently appointed to be responsible and accountable for more than one school, although this has to be viewed in the context of the requirement that they must be capable of fulfilling their professional duties, and complying with their contract of employment, without unreasonable additions to their working time. When a Headteacher is appointed to be permanently responsible and accountable for more than one school the Governing Body should base the determination of the Headteacher group on the total number of pupil units across all schools. This will give a group size for the federation, or schools involved, in accordance with the STPCD. 8

In all cases consideration needs to be given to the remuneration of other teachers who, as a result of the Headteacher s role, are taking on additional responsibilities. This will be based on any additional responsibilities attached to the post (not the teacher) which should be recorded. An increase in remuneration should only be agreed where the post accrues extra responsibilities as a result of the Headteacher s enlarged role; it is not automatic. Headteachers temporarily accountable for more than one school Occasionally, where there is a Headteacher vacancy and it is not possible to appoint a Deputy Headteacher or another member of the teaching staff as Acting Headteacher, a Headteacher of another school may be appointed to be responsible and accountable in addition to their continuing role as Headteacher of their own school. Governors should ensure they review the overall objective for the Headteacher in such circumstances to reflect the temporary change in responsibilities. This role should be regarded as an Acting Headship on a temporary basis for as long as arrangements are being made for a permanent Headteacher to be recruited, or to make alternative permanent arrangements such as amalgamating the schools or creating a hard federation. There is an expectation that these temporary arrangements should be time-limited and subject to regular review, and the maximum duration should be two years. In such temporary arrangements a fixed term variation of contract must be issued by the contracting employer. This will specify that the Headteacher, in addition to their substantive post, is, for a fixed period, employed as Headteacher of the additional school(s). At the end of the fixed term variation the Headteacher will revert to their substantive post. Under the Collaboration Regulations the Governing Bodies may arrange for a joint committee, made up of Governors from all the schools involved, to be established to oversee the fixed term arrangements. This committee should have delegated power to deal with the pay and performance management of the Headteacher and other relevant staffing issues. The committee should also have delegated power regarding the financial arrangements which will apply during the collaboration period. For example, the committee should determine any payment on the basis of temporary additional responsibility for teachers, other than the Headteacher, in each school and the arrangements for reviewing and ending those payments. The joint committee should also take account of the circumstances of each school and the workload implications, including the extent to which the Headteacher is likely to be absent from the individual schools. Any adjustments to pay in this circumstance, for the Headteacher or any other staff, are temporary and, therefore, safeguarding provisions do not apply. In order to support a Headteacher who temporarily takes on responsibility and accountability for more than one school, the respective Governing Bodies should establish clarity regarding both how these arrangements will work in practice and 9

how they will be brought to an end. Schools contemplating this arrangement should note that it is only ever intended to be temporary. Any discretionary payments made under paragraph 10 of the STPCD should take account of the full responsibilities of the post. Where there is a Deputy Headteacher in the school it may be more appropriate to temporarily increase their pay range to take account of the increased responsibilities in the absence of the Headteacher. Additionally a teacher may be temporarily appointed, in the absence of the substantive post holder, to a post in the staffing structure which attracts a TLR payment; and, in the case of a classroom teacher where none of those are appropriate, the joint committee may consider the use of additional payments under paragraph 26.1 d of the STPCD. The joint committee should ensure that any payment for additional responsibilities is in line with the provisions of the STPCD and the school s pay policy. Where the arrangement for the Headteacher is temporary any adjustment to their pay, and that of other teachers, is also temporary and safeguarding will not apply when the arrangements cease. Further guidance is available in the STPCD, Section 10 (pg 17). Pay Progression for serving Headteachers The Governing Body is responsible for ensuring that performance based progression awards reflect individual performance. This should be based on identified objectives as set out in the appraisal process. Deputy Headteacher/Assistant Headteachers For new appointments, as with Headteachers, the full range of permanent responsibilities/any challenges or any other consideration relevant to the post, including recruitment issues, for example is the post difficult to fill, will be taken into account to determine the pay range. Serving Deputy Headteacher/ Assistant Headteacher The pay range for the Deputy Headteacher or Assistant Headteacher will only be reviewed if there are significant changes to the responsibilities. Progression will be based on the appraisal process. While differentials have been removed within the leadership group, Governors may still wish to consider these in relation to the staff structure. OTHER PAY RANGES Leading Practitioners Governors need, if they employ Leading Practitioners, to identify the pay range for each individual post. The number/range of points is for the Governors to determine, 10

although these must be within the minimum/maximum range of 38,598-58,677 per annum. (see Appendix 2 of model policy). Upper Pay Range Any qualified teacher can apply to be paid on the upper pay range. It is recommended that Governors support an application where: A teacher demonstrates that they are highly competent in all the relevant standards; Their achievements and contributions to a school/educational setting are substantial and sustained. To assess applications Governors may wish to see the outcome of a recent appraisal review. The criteria for determining whether a teacher meets the upper range requirements are identified within the policy. However, to demonstrate an open and fair approach schools will need to identify how the criteria will be applied. To assist, some examples are provided (see Appendix 5). Progression through the upper pay range This must be determined based on the teacher s performance based on the relevant standards and individual objectives. A template document is attached to assist with this assessment (see Appendix 2). The LA model policy recommends progression takes place after two consecutive successful appraisal reviews. Schools, if they wish to have the option to vary this, must clearly identify such in their policy. Main pay range/unqualified range Pay progression is not automatic and is subject to performance review as defined in the appraisal policy. Governors are recommended to adopt the Leicester City Council Approved Pay Structure (LAPS) for Teachers in respect of teachers pay and are recommended to award points for relevant experience/service, including relevant experience in all schools (maintained, trust, voluntary aided and controlled), academies and other educational establishments. Examples of relevant teaching and non-teaching experience which may be taken into account are provided in Appendix 6. PART-TIME TEACHERS REMUNERATION All contractual arrangements entered into must comply with the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (as amended) and the Equality Act 2010. 11

Part-time teachers must be paid a percentage of the appropriate full-time equivalent salary as calculated in Section 3, paragraphs 39-44 of the STPCD. The same percentage must be applied to any allowances awarded to a part-time teacher. Part-time teachers cannot be required to work or attend non-pupil days, or parts of days, on days they do not normally work, but it should be open to the teacher to attend by mutual agreement with the Headteacher in which case the pay calculation should be applied to any resultant additional hours/days worked. The timetabled teaching week refers to school session hours that are timetabled for teaching, including PPA time and other non-contact time but excluding break times, registration and assemblies. The school s timetabled teaching week for a fulltime classroom teacher is to be used as the basis for calculating the pro rata percentage of the school s timetabled teaching week for which a part-time teacher is employed at the same school. This percentage is used to determine the pro rata remuneration of a full-time equivalent teacher s remuneration to which a part-time teacher is entitled. The percentage remains the same whether the school operates a weekly, fortnightly or any other timetable cycle. The STPCD provides that full-time classroom teachers (i.e. all those except leadership group teachers and leading practitioners) are required to be available for work for a maximum of 1265 hours pa of directed time. The percentage obtained in the pay calculation is also used to determine part-time teachers directed time obligations. They will be required to be available for work for the same percentage of 1265 hours as the percentage of full-time pay and this will cover both the total teaching time and the non-teaching duties undertaken. Example A part-time teacher who works 15 teaching hours in a timetabled teaching week of 25 hours will be entitled to be paid 60% of the appropriate full-time pay rate and would be expected to be available for work for a maximum of 759 hours of directed time (60% of 1265 hours). Of this, there would be a maximum of 570 hours of teaching time (15 hours for 38 weeks of term time) and a maximum of 189 hours (759 hours - 570 hours) of directed time for non-teaching duties. The principles of the STPCD also apply to members of the leadership group and leading practitioners. In the case of unattached part-time teachers the school s timetabled teaching week comparator should be a full-time teacher within the same service at the local authority. TEACHING AND LEARNING RESPONSIBILITY PAYMENTS (TLRS) TLRs must fall within one of three ranges: TLR1, TLR2, TLR3. 12

The Governing Body must be satisfied that, for the award of a TLR, the duties include significant responsibility not required of all classroom teachers and that the role: a) is focused on teaching and learning; b) requires exercise of the teacher s professional skills and judgement; c) requires the teacher to lead, manage and develop a subject or curriculum area or to lead and manage pupil development across the curriculum; d) has an impact on the educational progress of pupils other than the teacher s assigned class; and e) involves leading, developing and enhancing the teaching practice of other staff. In addition, before awarding a TLR1, the Governing Body must be satisfied that the significant responsibility referred to in paragraph 20.1 of the STPCD includes line management responsibility for a significant number of people. Permanent TLR1 and TLR2 The Governing Body must keep under review how many leadership group posts and other posts (including posts paid on the pay range for leading practitioners) are needed in its staffing structure and whether a TLR1 or TLR2 is an appropriate part of the structure needed to ensure the continued delivery of high-quality teaching and learning. TLR1s and TLR2s are permanent whilst the post holder remains in the same post in the staffing structure. Unqualified teachers may not be awarded TLRs. If TLRs are an appropriate part of the structure the Governing Body must decide how many posts should have TLRs, and the appropriate cash values, in the light of the criteria and factors for the award of TLR1 and TLR2 and the parameters within which the cash values may be set. The responsibility, or package of responsibilities, for which a TLR is awarded should be clearly set out in the job description for the post. Equal pay legislation must be complied with in the award of TLRs to individual teachers. Any decisions which are not based on objective criteria may lead to employment tribunal claims being made. The relevant body should ensure that there are sensible differentials between TLR payments in order to reflect differences in job weight between different TLR roles. Changes in the value of TLRs, once set by the Governing Body, should only occur for two reasons: (a) The School Teachers Review Body (STRB) recommends, and the Secretary of State accepts and brings in, a general change in the TLR values; or (b) The Governing Body reviews its staffing structure and determines that the responsibilities of the post have changed materially. TLRs awarded to part-time teachers must be paid pro rata in the same proportion as the teacher s part-time contract. 13

The current TLR payment 2 range is 2,613-6,386 The current TLR payment 1 range is 7,546-12,770 The LA recommended pay points for TLR points are as follows: TLR/T1 Code Amount TLR 2a 2613 TLR 2b 4354 TLR 2c 6386 TLR 2 misc. misc.* TLR 1a 7546 TLR 1b 9286 TLR 1c 11,027 TLR 1d 12,770 TLR 1 misc. misc.* *Code provided to assist schools/colleges where awards are outside the LA recommended levels. Temporary TLR3 payments The Governing Body may award a fixed-term TLR3 for clearly time-limited school improvement projects or one-off externally driven responsibilities. The annual value of a TLR3 must be no less than 517 and no greater than 2,577.The duration of the fixed term must be established at the outset and payment should be made on a monthly basis for the duration of the fixed term. TLR3 s are not subject to safeguarding. The Governing Body must determine the number and value of each TLR and identify these within the pay policy. If you require any further information or advice please contact your Human Resources Adviser. SENCO CARRYING OUT TEACHING DUTIES IN SUPPORT OF STATEMENTED PUPILS This rarely occurs sufficiently to justify the payment of the mandatory allowance. However, if a SENCO was teaching 51% or more of his/her time as per the definition above, then he/she should be paid the mandatory allowance. The SENCO management role is recognised with the payment of the appropriate level of TLR, not the SEN teaching allowance. TEACHERS PAY RECRUITMENT AND RETENTION INCENTIVES AND BENEFITS PROVISION 14

Relevant bodies may make payments, or provide other benefits, under paragraph 27.1 or 27.2 of the STPCD as an incentive for the recruitment and retention of teachers. No new awards under these paragraphs may be made to Headteachers, Deputy Headteachers or Assistant Headteachers after 1 September 2014 other than as reimbursement for reasonably incurred housing or relocation costs. All other recruitment and retention considerations in relation to these posts, including nonmonetary benefits, must be taken into account when determining the basic pay range. Where a Governing Body is paying a recruitment or retention incentive or benefit to a Headteacher/Deputy Headteacher/Assistant Headteacher awarded under a previous pay and conditions document, subject to review it may continue to make the payment at the existing value until the existing postholder moves to the new leadership arrangements or a new appointment is made. Payments under this paragraph may only be made for recruitment/retention purposes, not for carrying out specific responsibilities or to supplement pay for other reasons, and should be in line with the Governing Body s pay policy. Relevant bodies are free to determine the value of any award. New awards may only be given for a fixed period. The Governing Body should make clear at the outset the expected duration of any such incentives and benefits and the review date after which they may be withdrawn. Governing Bodies need to determine: a) whether recruitment and retention incentives and benefits should be offered to new or existing teachers; and b) if so, their nature, value and duration and the circumstances in which they will be paid. Where a teacher is given an incentive or benefit written notification, given at the time of the award, should state: a) whether the award is for recruitment or retention; b) the nature of the award (cash sum, travel or housing costs etc.); c) when/how it will be paid (as applicable); d) unless it is a one-off award, the start date and expected duration of the incentive; e) the review date after which it may be withdrawn; and f) the basis for any uplifts which will be applied (as applicable). This must be clearly stated in the policy to ensure parity amongst staff. TEACHERS PAY SPECIAL EDUCATIONAL NEEDS (SEN) ALLOWANCES 15

The pay policy should set out the basis for rational, transparent and fair decisions on levels of payment for SEN allowances. This will reflect the school s organisation of, or provision for, SEN or, for unattached teachers employed in the local authority s central services, the organisation of provision in the particular service. The value of allowances should be based on whether any mandatory qualifications are required, other qualifications and expertise relevant for the post and the relative demands of the post. This will require a judgement to be made about the nature and challenge of a teacher s work with pupils with SEN, compared and related to that of other teachers in the school or service. The Local Authority provides advice on the award of SEN allowances, details of which are included in the model pay policy. However, note that the statutory guidance states that SEN allowances may be held at the same time as TLRs. For example, a teacher who is teaching a special class for which a mandatory qualification is required, and who has considerable relevant experience (and is, therefore, seen as one of the school s leading professionals in this area), would be more likely to be paid towards the top end of the national range. Differential values relating to SEN roles in the school should be established to properly reflect significant differences in the nature and challenge of the work entailed so that the different payment levels can be objectively justified. The Local Authority will want to ensure that there is an objective assessment of the nature and challenge of the work entailed for teachers in their central SEN services to establish appropriate relative levels for allowances between the minimum and maximum values provided for in the national framework. Relevant bodies should, when keeping their staffing structures under review: a) ensure that holders of SEN allowances are not carrying out tasks that would be more appropriately undertaken by support staff; b) consider whether, if teachers have responsibilities that meet all the criteria for the award of TLR payments, it would be more appropriate to award a TLR payment instead of a SEN allowance of a lower value; c) not award new SEN payments solely for the purposes of recruitment and retention; and d) ensure that any SEN responsibilities are clearly specified in individual teachers job descriptions. Subsequent changes in SEN provision (following transition) and safeguarding provisions Where the Governing Body makes a change in the way its SEN provision is organised, or to its pay policy, such that the criteria and factors cease to be met, or now merit the payment of a lower allowance, this could result in the value of the allowance being reduced or withdrawn. In these cases the general safeguarding rules under paragraph 31 (and subject to paragraph 32) of the STPCD will apply. UNQUALIFIED TEACHERS 16

It is recommended that Governors only appoint an unqualified teacher on a temporary basis whilst seeking to appoint a qualified teacher throughout the temporary appointment. There are special provisions for the assessment in schools of an unqualified teacher who becomes qualified. The criteria for assessment are in paragraph 18 of the STPCD. The salary assessment, in line with the LAPS, will take account of qualifications or experience that are considered to be of value in the performance of the duties of the post. The Governing Body should ensure that, in line with the STPCD, an unqualified teacher is notified in writing of the outcome of the annual review of salary, clearly identifying the number of points awarded under each criterion. This notification should be issued not later than 31st October each year. ADDITIONAL PAYMENTS In accordance with the STPCD a teacher, who is not a member of the leadership group or leading practitioner range, cannot be directed to work more than 1,265 hours per annum or 195 days per annum, or the appropriate proportion for part-time teachers. Any additional work mutually agreed will qualify for additional payment and be subject to a separate, time-limited contract to be reviewed annually. The total sum of any temporary payments made to a headteacher in accordance with paragraph 10.1 of the STPCD, in any school year, must not exceed 25% of the annual salary which is otherwise payable to a headteacher, and the total sum of salary and other payments must not exceed 25% above the maximum of the headteacher group, except as set out in paragraph 10.4 of the STPCD i.e. in wholly exceptional circumstances and after external independent advice has been obtained before a business case is produced to seek agreement from the full Governing Body. a) Out of School Learning Activities b) Continuing Professional Development (CPD) c) Initial Teacher Training Activities (ITT) Relevant bodies should decide whether to make payments to teachers who agree to participate in out-of-school-hours learning. The level of payment should be stated in the pay policy. Payments to classroom teachers should only be made in respect of activities undertaken outside of the 1265 hours of directed time for full-time teachers or the appropriate proportion for part-time teachers. All agreements and payments to be made should be documented. All such activities should require the exercise of the teacher s professional skills or judgement. If Governing Bodies decide to make a payment for any of the above activities they must set an appropriate level of payment. It is recommended that a rate based on the calculation for supply staff is used, i.e. 1/195 per day or 1/1265 per hour of the annual salary multiplied by the number of days/hours worked then multiplied by a factor e.g. x 1.5, x 2 etc. to compensate for out of normal hours work. 17

If applicable the policy will also need to identify activities that will attract payment e.g. breakfast clubs/homework clubs/summer schools/sporting activities/other outdoor activities and clubs linked to curricular, arts and hobby interest areas. With the advent of remodelling the school workforce, and the need to ensure downward pressure on teachers working hours, many schools are using support staff and other adults to undertake these activities. No teacher can be contractually required to undertake any of these activities. However, should a teacher volunteer, a separate contract must be issued. Except for those employed on the pay range for leading practitioners, and for whom it is a professional duty, teachers undertaking school-based ITT activities do so on an entirely voluntary basis, within the 1265 hours limit. Such activities might include supervising and observing teaching practice; giving feedback to students on their performance and acting as professional mentors; running seminars or tutorials on aspects of the course; and formally assessing students' competence. Other aspects of ITT activities cannot be regarded as an ordinary activity in the conduct of the school. Such activities include the additional requirements of School Centred ITT (SCITT), where schools take the lead in providing ITT courses. They may include planning and preparing materials for an ITT course and taking responsibility for the well-being and tuition of ITT students. Separate contracts of employment must be issued to cover those aspects of involvement in ITT which require the exercise of a teacher s professional skills or judgment but which go beyond activities which may be described as an ordinary activity in the conduct of the school. No teacher should routinely carry out administrative and clerical ITT-related activities. SERVICE PROVISION Where a Headteacher in one school is providing a service to another school, for example as a System Leader (known as National Leader of Education - NLE), the person providing that service is not ultimately accountable for the outcomes in the school, but for the quality of the service being provided. The Governing Body whose Headteacher is providing the service should determine how much, if any, additional payment is due to the individual concerned in line with the provisions of the STPCD and the school s pay policy, for example where the contract requires work outside school sessions. Governors will determine how much, if any, additional payment is due to the individual concerned in line with the STPCD and their pay policy. Consideration will also be given to the remuneration of other teachers who, as a result of the Headteacher s additional role, take on additional responsibilities and activities this will relate to the post, not the teacher. This is not automatic. 18

Where the arrangement for the Headteacher is temporary any adjustment of other teachers pay is also temporary and safeguarding provisions will not apply when the arrangements cease. 19

Appraisal Cycle: Appendix 1 At the start of the Academic Year Appraisal timeframe established Classroom observation scheduled set Appraisers confirmed Appraisal planning meetings arranged Annual objectives, relationship with Teacher Standards and expectations identified and agreed with teacher in appraisal planning meeting Objectives and expectations considered, with reference to evidence (pupil progress data/classroom observation, work scrutiny) in appraisal review meeting Review Meeting Outcomes: Objectives met Pupil progress good CPD progressing Pay progression supported Pay Review Outcomes: New concerns identified in that appraisal cycle Appraisal support plan agreed Pay progression may be approved following satisfactory review No progress in relation to existing support plan or formal capability Pay progression not recommended Pay progression supported New appraisal cycle commences Pay progression not recommended Remains on current salary point - support plan/capability process continues Employee exercises right of appeal Appeal panel convened 20

The appraisal and pay determination cycle Appendix 2 Autumn term All objectives to be finalised. If agreement cannot be reached they are set by the appraiser. Performance is monitored as set out in the school s appraisal policy (such as through observation and ongoing professional dialogue between the relevant parties). Spring term Performance is monitored as set out in the school s appraisal policy (such as through observation and ongoing professional dialogue between the relevant parties). Summer term Performance is monitored as set out in the school s appraisal policy (such as through observation and ongoing professional dialogue between the relevant parties). Summer/autumn term At the end of the appraisal year teachers receive an appraisal report which includes (amongst other things) an assessment against their objectives and the relevant standards and a recommendation on pay. Headteachers need to ensure moderation of initial recommendations with a view to putting individual pay progression recommendations to governing body for agreement and so as to account to them overall for the effective operation of links between pay and performance. Review and update pay and appraisal policies as necessary in the light of experience. Governing body to determine what provision should be made in the school s budget for discretionary pay awards and progression. Appraisal objectives are set for the next appraisal period. 21

Appendix 3 SUPPLY TEACHERS The LA will assess supply teachers pay rates except for those teachers recruited via an agency. Good Honours Degree A classroom teacher who is first appointed as a teacher on or after 1 st September 2002 will be placed on point M1 of the Main Pay Range and cannot receive an additional point for being a good honours graduate. Teaching Service The LA will apply the principles identify within Leicester Approved Pay Structure for supply staff. Progression through the pay range will be subject to a performance review. A teacher shall be awarded one increment for each year of service completed until the teacher reaches the maximum of the Main Pay Range. In order to award an increment for one year s service a teacher will need to have worked in any 26 separate weeks of the previous academic year (1 st September to 31 st August). Any period of employment (including supply work) during a week gives an entitlement for that week to be counted for incremental purposes. Experience Teaching and Non-Teaching Teaching experience and other relevant experience will be considered as outlined in Appendix 6. In circumstances where the LA does not have sufficient information to accurately make points assessment, it may be appropriate to use the principle of the last point payable until appropriate information is received. The final assessment will either be based on last point payable or a reassessment. If the supply teacher then provides evidence of service, the assessment can be reconsidered and implemented retrospectively to the relevant start date. Supply teachers who are new to the Authority will be paid on the minimum point of the Instructor Range until evidence of qualification and experience are provided. Once the evidence is received, and an assessment has been carried out, payment will be backdated to the commencement of supply work for the City. Increments will be awarded to supply teachers with effect from 1 st September each year, subject to the maximum of point 6 of the range for classroom teachers not being exceeded. A supply teacher will qualify for an increment once work has been 22