Pay Policy 2013 – Guidance (Update (version 1.1) 20 June 2013)
Essex Education HR
Introduction
HR has produced a Model Pay Policy for consideration by schools and academies for adoption
for September 2013.
The Policy follows changes to the Teacher’s Pay & Conditions Document 2013, the most
significant of which are:
 An end to automatic progression on the Main, Upper and Unqualified Pay Ranges.
 All pay progression to be determined with reference to performance, as assessed through
the Performance Management process.
 The ability for teachers to apply to be paid on the Upper pay Range at any time.
 The discontinuation of the Advanced Skills Teachers (AST) and Excellent Teacher (ET)
posts and the introduction of a new Lead Practitioner role.
 There are no changes to TLR1/2, SEN Allowances or Leadership pay.
The 2013 Teachers’ Pay & Conditions Document allows for considerable discretion for
employers in managing pay decisions. Pay Policies must set out how these discretions will be
exercised and it would be impossible for us to produce a single model incorporating every
option. The Model Pay Policy is therefore one approach.
In drafting the Policy we took account of the following:
 the 2013 statutory Teachers’ Pay & Conditions Document (TPCD)
 the DfE and OFSTED expectation that there will be differentiated rewards according to
performance
 the views of headteachers – particularly the general view that did not favour a radical
departure from the current approach
 the views of the Trade Unions which broadly favour a continuation of the current pay
arrangements.
The Trade Unions have been consulted on the HR Model Policy but it has not been agreed with
them (see also below).
Adoption and consultation
Governing Bodies must give active consideration to the model policy prior to its adoption. There
are a number of decisions which need to be made at school level (eg roles and responsibilities,
application of discretionary allowances) and these areas are in red type in the model Policy
(with accompanying notes in the margin). There is also guidance on some of these discretions
in this Guidance document. The Policy will need to be amended at school level to incorporate
these decisions.
Schools and Academies are of course free to amend other areas of the model policy if they
prefer to take an alternate approach. Please contact HR for further advice.
The DfE has also produced a partial model Policy and accompanying non-statutory guidance
which offers some alternative approaches:
http://www.education.gov.uk/schools/careers/payandpensions/a00203870/strb-21st-report
Some Unions will also present alternative Pay Policies for consideration and at the time of
writing the NASUWT and NUT have issued a checklist of their expectations in terms of Pay
Policies. This expectation is broadly that Governing Bodies should continue with their current
policies. This would not be HR’s recommended approach although we do not believe our Model
is that far removed from their expectations.
Moreover, the NASUWT and NUT have written to the LA and some schools/academies
confirming that they have instructed their members not to agree to or participate in any policy
which does not confirm to all of their checklist items, as part of their on-going industrial action.
The LAs position is that the Government has set out requirements for pay policies. Whilst we
understand trade unions’ disagreements with aspects of Government policy, our advice is that
governing bodies should meet Government requirements and to assist them with this we have
directed employers to alternative versions of pay policies to select one that works best for their
school. We do not agree that strike action is an appropriate response to disagreements and
urge staff to work as usual and not disrupt children’s education.
It is for the Governing Body to decide what Policy they wish to adopt and staff should be
consulted on that policy. Staff should make specific comment on specific aspects of the
Governing Body’s proposed model (and not simply request a completely alternate model) and
Governing Bodies should actively consider and respond to any comments and amend their
Policies as they consider appropriate. However, once this consultation has taken place and the
Governing Body has formally adopted a Policy, this is the Policy which will apply to all staff.
It is strongly recommended that the Policy is adopted in the Summer Term 2013, so that
teachers are clear about the policy going into the next Performance Management cycle – the
outcomes of which will form the basis of pay decisions in September 2014.
Performance Management Procedure
The revised Model Performance Management Policy is now available on the HR Infolink site
(under Latest News). The amendments are relatively minor to reflect the changes to the Pay
Policy. Individual establishments will need to make sure that any changes they have made to
the model Pay Policy are reflected in their Performance Management Policies.
The Performance Management process is key to making fair and rigorous pay decisions.
Performance Management should be a supportive, development process which ensures
employees have the skills and support they need to carry out their role effectively. It should
help ensure that staff continue to improve their professional practice throughout their careers.
Performance management objectives will need to robust and appropriately differentiated within
and between different pay levels (see Model Pay Policy 6.2).
Pay decisions September 2013 and beyond
Existing staff
Although the new TPCD comes into effect on 1 September 2013, pay decisions which take
effect on 1 September 2013 must be in accordance with the requirements of the 2012 TPCD ie
a teacher on M5 in September 2012, must progress to M6 on 1 September 2013.
New staff
Where new staff have already been offered and accepted a contract which takes effect from 1
September 2013, it is expected that their pay expectations will be honoured ie they will be paid
on the basis of the 2012 TPCD, including any increase due on 1 September 2013 (as above).
Going forward, it is expected that in most cases, employers will want to match existing salaries
to avoid recruitment difficulties. However, this is no longer a requirement and starting salaries
will be determined in accordance with the TPCD and Pay Policy. The salary range on offer
should be made clear in any job advertisement/recruitment literature and discussed with the
successful applicant at the point of offering the position. Employers could state that salaries are
negotiable but it is recommended that parameters are indicated, within which that negotiation
will take place.
Employers are advised to be cautious about restricting the salary range for classroom teacher
posts (eg to Main Range, excluding Upper Pay Range) as this may well restrict the field of
applicants and prevent them from attracting the most experienced and competent teachers.
Employers will of course, wish to assure themselves through the recruitment process, including
references, of the skill and performance level of individual teachers.
There have been no changes to TLR1, TLR2 or SEN Allowances and these will be advertised in
the normal way.
Supply Teachers – directly employed
TPCD requires that supply teachers are paid in accordance with the provisions of the Document
and equalities legislation requires them to be treated equally (but proportionately) to full time
employees.
It is therefore our advice that a supply teacher’s salary should be determined in the same way
as contracted teachers’ (ie according to qualifications, experience etc) and that individual
supply teachers should be paid on an appropriate point on the relevant scale (see below) as set
out in your pay policy. We believe that it would be a potential equal pay risk if employers set a
single fixed rate for all supply teachers. It should be noted that a supply teacher who is not paid
at the top of a pay range and who has worked at least 26 weeks in the preceding school year is
entitled to be assessed for performance pay progression with effect from each 1 st September. It
will be for the Supply Teacher to provide relevant evidence to support performance pay
progression.
In terms of determining the relevant scale, we anticipate this will largely be the Main Pay Range.
We are satisfied that it would be acceptable not to pay a supply teacher on the Upper Pay
Range on the basis that they are not required to undertake the level of performance
activity/required of Upper Pay Range teachers – most particularly they are not generally
required to make a contribution to the wider school. This does not prevent employers from
paying supply teachers on the Upper Pay Range but there is an equal pay risk of doing so
inconsistently.
Supply Teachers – agency
The Agency Workers Regulations continue to apply. These require Agencies to pay a worker,
after 12 weeks in the same assignment, the rate they would have received had they been
directly employed. The school/academy is required to provide the Agency with details of what
this pay rate is and this will be the rate they would have assessed as described above.
Guidance on the Agency Workers Regulations is on the HR Infolink site under the Recruitment
Blackboard.
Pay Progression (Pay Policy section 6)
The most significant change in the 2013 TPCD is the end to automatic progression for all
teachers and the expectation of performance related pay for all.
The basis of the approach taken in the Model Pay Policy is that the vast majority of teachers
perform well and improve their professional practice year on year and they will receive pay
progression in line with what they have received under previous Documents.
There is no progression for those whose performance shows no improvement. There is no
assumption that such staff fall below the minimum required standard –simply that they have not
demonstrated development in their level of competence. There is an expectation that these
teachers will be supported through the Performance Management procedure.
This approach depends entirely on employers making clear and robust performance
management assessments. Employers are likely to be challenged by OFSTED if they simply
continue to progress all teachers unless they are subject to a capability process.
Where performance falls below the minimum required level and/or consistently fails to improve
over time, it is expected that staff will be supported to improve through a monitoring period
within the Performance Management Procedure and ultimately, where appropriate, through the
capability procedure.
Differentiating between different levels of performance can be difficult but some employers have
suggested that a two option approach – reward for good performers and nothing for anyone
else - is too crude. We have given considerable thought to how employers might award lower
levels of pay progression where there is more limited improvement (to differentiate between
them and poor performers who also receive no pay progression), and higher levels for
exceptional performance. Appendix B sets out some options. The DfE Model also offers some
suggestions in this respect.
Governors will need to consider the budget available for staff pay and differentiated pay awards
should enable resources to be managed effectively and without an increase in the overall pay
bill. It should be noted that an approach which absolutely links pay progression decisions to
available resources is unlikely to be sustainable in the light of the TPCD requirement that good
teachers must have a reasonable prospect of reaching the top of their Pay Range.
Roles and Responsibilities (Pay Policy section 2)
It is not the role of Governors to make judgements about the performance of individual teachers,
but Governing Bodies will want to have a good understanding and oversight of how
performance and pay are managed in their school.
OFSTED will hold leaders to account in this respect (see Appendix A for an extract of their latest
guidance).
The broad pay levels of staff are set out in the Staffing Structure which is set by the Governing
Body and should be included as an Appendix in the Pay Policy. However, there are a lot of
discretions in relation to the pay of individual employees, and the Pay Policy must clearly set out
who will make decisions on:
 Starting salaries
 Pay Progression
 Upper Pay Range progression
 Discretionary Allowances
 Managing appeals
This may well vary in different establishments and Governing Bodies must review, in
consultation with the headteacher and staff, and amend as appropriate, the Model Pay Policy
where indicated (in red)
It is strongly recommended that schools and academies have a Pay Committee and a separate
Committee to deal with Pay Appeals (see Model Pay Policy for example Terms of References).
Any Committee responsible for making pay decisions (or hearing appeals) will have access to
individual performance management paperwork. It is also acceptable for Governors to have
anonymised information on performance management objectives and pay levels, for monitoring
purposes.
Pay Timeframe
Annual pay decisions for teachers are effective from 1 September and are linked to the
outcomes of the Performance Management cycle. Schools and academies should review the
timeframes for these decisions, including for Upper Pay Range applications, in the model Pay
Policy in the light of their own Performance Management cycles and having regard to:
 the preference that pay decisions are made as early as possible in the Autumn Term so
that staff do not have to wait too long to receive pay increase (and in any case by 31
October (31 December for headteachers))*
 the need for the Pay Committee to meet to ratify pay decisions
 the practicalities of providing pay decision information to payroll providers
*We are currently seeking clarification on the statutory basis for these deadlines. The specific
provision does not seem to appear in the Draft TPCD 2013 and may therefore no longer apply.
If this proves to be the case, employers may amend these deadlines – so long as they comply
with the requirement to set out the timescale that will apply and to ensure that pay decisions are
notified to staff within one month of them being determined. It should be noted that it is best
practice not to delay pay determinations too long after their effective date. We will clarify this
issue as soon as possible.
Upper Pay Range (Pay Policy 4.1 and 7)
The Model Pay Policy has been developed on the basis that all teachers will receive an annual
pay review. The Upper Pay Range therefore has 5 stages where
 Minimum is equivalent to current UPS1
 Progression Stage 1 is equivalent to half-way between current UPS1 and UPS2
 Progression Stage 2 is equivalent to current UPS2
 Progression Stage 3 is equivalent to half-way between current UPS2 and UPS3
 Maximum is equivalent to current UPS3.
This will enable good UPS teachers to receive pay progression annually which is an
improvement on their current terms.
Employers are of course free to revert to the current biennial progression and the model Policy
sets out the amendments that would be necessary.
Governing Bodies and headteachers will also want to give particular consideration to Part 7 (NB
7.2) of the Model Pay Policy which sets out the criteria and process for applications and
progression to the Upper Pay Range.
While it is desirable for there to be a degree of consistency and co-operation between
employers, particularly in a geographic area, on the criteria for progression to the Upper Pay
Range, each employer must be satisfied that those criteria are consistent with their own
expectations.
An example/model form for application to the Upper Pay Range is attached at Appendix C.
Employers will need to amend/adapt in lien with any amendments they may have made to the
Model Pay Policy, in particular the criteria for moving to the Upper Pay Range
TLR3s
TLR3 Allowances are paid for a fixed-term period, for a significant responsibility in relation to a
clearly time-limited school improvement or one-off externally driven project.
Such Allowances must be paid monthly as part of salary for the duration of the fixed term and
employers will want to set clear objectives and milestones for the project and monitor progress
closely to ensure delivery to the required standard. Appropriate wording for contract variation
letters will be provided.
The draft TPCD says (at Para 36 in Section 3) that a teacher may not hold more than one TLR
concurrently and we have reflected this in the Model Pay Policy. We are informed by the Local
Government Employers (LGE), that they have spoken to the DfE on this point and they have
indicated their intention to partly remove this provision. This will allow a TLR1 or TLR2 holder to
also hold a TLR 3, but will not allow a teacher to hold more than one TLR1or TLR2 or to hold a
TLR1 and a TLR2. We will not know for definite until we have the final Document which may
not be until September so this provision should remain in Pay Policies until such time as its
removal is confirmed.
Advanced Skills Teachers (ASTs), Excellent Teachers (ETs) and Lead Practitioners
Schools/academies were already aware that the funding of AST posts was ending and will have
made decisions about whether or not to continue to have such posts in their structures. Where
the decision was to continue with these roles, the post will need to be redefined in the Staffing
Structure as a Lead Practitioner post with effect from 1 September 2013, the duties/role clarified
in accordance with the criteria in the Teachers’ Pay & Conditions Document 2013 and a pay
range set for each post in accordance with the pay policy. It is generally expected that existing
ASTs will be moved into any Lead Practitioner posts in the Staffing Structure (on the same pay
level), unless there is clear, objective evidence that the individual does not have the required
skills.
Clearly there is nothing to prevent the creation of new/additional Lead Practitioner roles at any
time.
Discretionary Payments (Pay Policy 10)
There are number of discretionary payments which may be made to teachers and these are set
out in Section 10 of the Model Pay Policy. Governors must give active consideration to these
discretions and amend the Policy as appropriate.
It is strongly advised that employers consider all of the discretions available to them and apply
the specific discretionary payment which is appropriate to the circumstances. For example it is
probably more appropriate to award a temporary recruitment payment to a teacher of a
shortage subject than to offer an inflated pay level on the pay range, which may not reflect their
performance level or an inflated TLR which is inconsistent with comparable posts.
Appendix A – Guidance for OFSTED Inspectors
Page 20 Inspectors should consider whether governors:
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carry out their statutory duties
understand the strengths and weaknesses of the school, including the quality of teaching
ensure clarity of vision, ethos and strategic direction
understand and take sufficient account of pupil data, or whether they are misled by
‘headlines’
are aware of the impact of teaching on learning and progress in different subjects and
year groups
are challenging and supporting leadership in equal measure
are providing support for an effective headteacher, or whether they are hindering school
improvement by not successfully tackling key concerns
understand how the school makes decisions about teachers’ salary progression
performance manage the headteacher rigorously
are failing to perform well and contributing to weaknesses in leadership and
management.
Page 22/23 Performance management
1. In reaching their judgement on leadership and management, inspectors evaluate how well
the headteacher/principal, and where relevant, other senior staff are managing staff
performance and using the staff budget to differentiate appropriately between high and low
performers. However, inspectors do not consider or report on any individual’s performance
or whether the quality of teaching of an individual is accurately reflected in that individual’s
progression on the salary spine.
2. Inspectors consider the extent to which the headteacher/principal ensures that all staff
undergo performance management procedures which enable them to benefit from
appropriate professional development. Where teachers’ performance is less than good,
inspectors will seek evidence that this is rigorously managed, and that appropriate training
and support are provided. Where teachers’ performance is good, inspectors will expect to
see evidence that this is recognised through the performance management process.
3. Inspectors should ask the headteacher for anonymised information from the last three years,
which shows the proportions of teachers who have:
 progressed along the main pay scale
 progressed to, and through, the upper pay scale
 progressed along the leadership scale
 received additional responsibility payments, such as teaching and learning responsibility
payments and special needs allowances.
4. The information provided should include information about patterns of progression through
the different salary scale points, and comparisons between subject departments and/or
teachers deployed in different key stages.
5. Inspectors should compare this with the overall quality of teaching, and determine whether
there is a correlation between the two, and if there is none, find out why, taking into account
the length of time the headteacher has been in post.
6. Examples of the information headteachers could provide include:
 the proportion of staff that progressed through thresholds over the last three years
 the proportion that did not progress through thresholds over the last three years
 a table showing for each salary point, the number of staff, points they have moved from,
and the number that met their performance management objectives
 performance management information the school provides to governors
 any other relevant information with regard to the performance management process.
7. The performance management information must be provided in an anonymised format which
takes all reasonable steps to avoid identifying individuals in any school. Inspectors should
take account of the particular concerns of those working in small schools. In all cases, the
information provided:
 must be recorded in such a way that individual members of staff are not identified on
inspectors’ evidence forms or in inspection reports
 must not leave the school site
 must not be sent to inspectors electronically.
Appendix B - Rewarding partial and/or exceptional performance
Introducing different levels of pay progression depending on differentiated performance is
complex in terms of ensuring equity in pay progression for teachers of equal competence each
year and in terms of ensuring clear, objective evidence of the differentiated levels of
performance
There is no ideal solution but if employers do want to explore this approach one option for pay
would be to introduce Pay Progression Stages between those set out in the model Pay Policy.
The Main Pay and Unqualified Ranges would therefore have 9 Pay Progression Stages. A
different approach may be needed for the Upper Pay Range which already includes more Pay
Progression Stages than the current range.
A good performer on the Main or Unqualified Range would move 2 Pay progression Stages –
equivalent to what they receive now, a partial performer would move 1 stage and a high
performer would move 3 stages. This approach would generally (but not always) mean that
consistent awards would be given year on year to teachers of equal performance levels.
Example
9 pay progression stages between min and max
Year 1 = good performance - move from minimum to Pay Progression Stage 2
Year 2 = partial performance – move to Pay Progression Stage 3
Year 3 = good performance – move to Pay Progression Stage 5
Year 4 = good performance - move Pay Progression Stage 7
Year 5 = good performance - move Pay Progression Stage 9
Year 6 = good performance - move to maximum NB in this year the value of their increase
would be less than other good teachers as it is only one stage to reach the maximum.
An alternative option is to retain the progression stages as set out in the model Policy but offer a
lesser financial amount than one Pay Progression Stage for lower levels of performance. This
may however result in inequitable increases in subsequent years.
Example
4 pay progression stages between min and max
Year 1 = good performance - move from minimum to Pay Progression Stage 1
Year 2 = partial performance – award £500
Year 3 = good performance –
 either move to Pay Progression Stage 2 – in which case the value of their increase is
less than other good teachers that year
 or move to Pay Progression Stage 3 – in which case the value of their increase is more
than other good teachers that year and would put them on par with teachers who had
been consistently good every year
Year 1 = good performance - move from minimum to Pay Progression Stage 1
Year 2 = exceptional performance – move to Pay Progression Stage 3 plus £500
Year 3 = good performance –
 either move to Pay Progression Stage 2 – in which case the value of their increase is
less than other good teachers that year and they would be on a par with teachers who
had not ever received an exceptional assessment
 or move to Pay Progression Stage 3 – in which case the value of their increase is more
than other good teachers that year – but would put them ahead of teachers who had not
ever received an exceptional assessment.
Appendix C – Example/Model application form for Upper Pay Range
Application to be paid on the
Upper Pay Range
Eligibility criteria

In order to be apply you will need to hold Qualified Teacher Status on the date of your
application.

To be paid on the Upper Pay Range you must be assessed as meeting the expectations
set out in the Pay Policy (these can also be found at the end of this form).

Please enclose copies of appraisal reports to support your application. You may submit
addition evidence if you wish to do so to support your application.

Print, sign and date the form, keeping a copy and pass it to your head teacher by 31
October.
Name:…………………………………………………………………………………………………………
I confirm that I am applying to be paid on the Upper Pay Range with effect from 1 September 20…….
I consider that I meet the criteria to be paid on the Upper Pay Range as set out in my school’s Pay Policy
and enclose copies of my last three Performance Management Review Statements which contain the
evidence to support this.
Signed:………………………………………………………………………….
Date:……………………………………………………………………………..
[To be completed by the Headteacher]
Application for Upper Pay Range Assessment for
(teacher’s name)
The criteria for Upper Pay Range have / have not* been met.
(*delete as applicable)
Signed:……………………………………………………………………………………………………...
Date………………………………………………………………………………………………………….
.The Teaching Standards have / have not been met throughout the assessment period
Explanation/evidence (include assessment of quality of teaching overall during the assessment period and outcomes for
pupils.)
Performance Management objectives have / have not been met through the assessment period
Explanation/evidence
Evidence of contribution to the wider school development and ethos
Evidence of personal responsibility for CPD and application and impact of this development
Other comments
Upper Pay Range criteria
An application will be successful, if the headteacher and the Pay Committee are satisfied
that:
 the teacher is highly competent in all elements of the teaching standards; and,

the teacher’s achievements and contribution to the school are substantial and sustained.
In this school, this means that the teacher has consistently
 demonstrated that they meet all teaching standards, both in terms of teaching and
personal and professional conduct, over a sustained period:

been assessed as meeting their performance management objectives over a sustained
period;
and in addition that;
 teaching has been rated as good overall, with some outstanding, over a sustained period;

the teacher has demonstrated over a sustained period an ability to support some pupils to
exceed expected levels of progress/achievement;

the teacher has consistently taken responsibility for identifying and meeting their own
professional development needs and used their learning to improve their own practice
and pupils’ learning;

the teacher has demonstrated that they have made an impact on the school beyond their
own class/group(s) over a sustained period. This may include
o demonstrating an ability to coach, mentor, advise and demonstrate best practice
to, other teachers to enable them to improve their teaching practice;
o contributing to policy and practice which has improved teaching and learning
across the school;
Sustained means maintained continuously over a period of at least 3 school years (a year
being defined as at least 26 weeks work in any academic year). It is normally expected that
this will include at least one year at this school, although discretion will be exercised where
there is clear and compelling evidence of consistent performance against the criteria at the
teacher’s previous school.
NB Only 2 years’ worth of evidence will be required from teachers who are on the equivalent
of old points M4, M5 or M6 on 1 September 2013, so that they are not disadvantaged in
comparison to the previous Threshold criteria.
The school will exercise its discretion to consider performance over a lesser period where a
teacher has been absent for some of the relevant period.
Model Pay Policy 2013 Guidance
13
Version1.1 – 20 June 2013