PROTECTING SCHOOL
TEACHERS’ PAY
NUT BRIEFING ON
THE GOVERNMENT’S PROPOSALS
This briefing looks at the key issues in the Government's proposals to dismantle the
national pay framework, now confirmed by the publication of the draft 2013 School
Teachers' Pay and Conditions Document (STPCD). For more details and to join the
NUT's campaign against the proposals, go to www.teachers.org.uk/campaigns/pay
The Threats to our Pay
The Government has confirmed its proposals to break up the national pay system for teachers
by ending prescribed pay scale points, extending PRP to all pay scales and implementing
school-based pay determination. The proposals threaten much greater inequality and
discrimination in teachers’ pay, with pay progression decisions taken on the basis of factors
unrelated to factor and outside teachers' control, such as the school's funding position or
simply whether or not a teacher’s face fits.
Michael Gove has now published the 2013 School Teachers' Pay & Conditions Document
(STPCD) for consultation, setting out the full details of the Government’s pay proposals.
Normally not available until September each year, the revised STPCD will be sent to schools
at the start of the Summer term. Later that term, the STRB will publish its report on the
proposed 1% pay increase from September 2013. The revised STPCD will be amended to
take account of those decisions and, once the statutory Pay Order implementing the changes
has been made, it will have full statutory effect from 1 September 2013.
During the Summer term, governing bodies will be expected to start to consider revised school
pay policies and appraisal policies linked to pay ready for implementation in September 2013.
The NUT will have to work to ensure that, at school level, governing bodies do not implement
policies which threaten teachers’ existing pay entitlements. The NUT will publish a model pay
policy and pay checklist to support school by school action in protecting teachers’ pay,
alongside our continuing national campaign to get the proposals withdrawn. The first
decisions on pay progression under the new provisions will be taken for September 2014,
based on appraisals at the end of the 2013-14 cycle.
Key Changes - Summary of the Proposals






No more mandatory fixed pay points on the Main and Upper Pay Scales, just minimum
and maximum values for what will now be called the Main and Upper Pay Ranges;
All pay progression to be based on performance and the outcomes of appraisal;
No more incremental progression for Main Scale teachers based on length of service;
Tougher criteria for "threshold progression" from the Main to the Upper Pay Scale;
Changes to the existing criteria for progression on the Upper Pay Scale;
No right to keep existing pay entitlements when moving schools, not even UPS status;
2


A range of other proposals affecting other parts of the pay structure like TLR payments
and AST/ET scales; and
Ofsted to be responsible for holding head teachers and governors to account over
"managing and rewarding the performance of teachers in the interests of pupils".
Key Changes - the New Pay Ranges







The proposals abolish specified pay scale points, in place for almost a century, for
classroom teachers - removing the existing framework supporting pay progression.
A Main Pay Range will replace the former 6-point Main Pay Scale. Only minimum and
maximum values for payments on the range are specified (equal to previous points M1
and M6 for the four pay areas). There will be no other prescribed points and schools will
be able to determine how teachers progress and by how much. Provisions on how points
should be awarded for teaching and non-teaching experience have been removed.
An Upper Pay Range will replace the former 3-point Upper Pay Scale. Again only
minimum and maximum values (equal to previous points U1 and U3) are specified. There
will no longer be mandatory points UPS 1, 2 and 3 and schools will be able to add more
points in between if they choose.
Pay reference points - based on the existing scales - will be included in a proposed toolkit
for schools (according to the DfE) but this toolkit is not yet available.
A Leading Practitioners Pay Range will allow schools to create posts for teachers "whose
primary purpose is to model and lead improvement of teaching skills", effectively replacing
the abolished AST and ET grades. Its minimum and maximum values are equivalent to
the existing AST scale which corresponded to points 1 to 18 of the leadership group spine.
An Unqualified teacher pay range replaces the previous 6-point scale, with the minimum
and maximum equal to the lowest and highest points of that scale.
There are no changes to the leadership group spine at this stage as this was not included
in the STRB remit or recommendations - but this may feature in a future STRB remit so
there could well be changes in 2014.
Key Changes - Portability and Progression
Portability
 Portability of pay points will be abolished from September 2013. Pay increases will only
be permanent where the teacher remains in the same school.
 Schools will have the discretion to pay teachers at any specified pay point when they move
schools. Even those who have achieved Upper pay scale status could lose this if they
change school. This is bound to hit recruitment and retention and penalise teachers
moving schools or taking a career break - with major equality implications.
Pay Progression in September 2013
 The draft STPCD states that the new pay ranges will take effect in relation to salary
determinations from 1 September 2014 and that in the meantime pay decisions must be
taken in accordance with the existing (2012) STPCD.
 This suggests that pay progression in September 2013 should be based on the existing
criteria - including on the Main Scale - and that teachers should get the same incremental
pay increase they would get under the existing scales. This is all far from clear at the
moment but it appears that Michael Gove may at least have accepted that teachers have a
legitimate expectation that they should get the pay increases they have been working
towards this year.
 The DfE also says that the current round of threshold applications will run its course, so
that teachers on M6 in the academic year 2012-13 can still apply for threshold assessment
by 31 October 2013 in accordance with the 2012 STPCD.
3
Progression on the Main Pay Range from September 2014
 The first pay decisions based on the new pay progression provisions, requiring all pay
awards to be based on PRP and ending incremental progression on the Main Scale, will
be made in September 2014.
 Governing bodies will decide whether to increase the pay for teachers on the Main pay
ranges and, if so, by how much.
 Decisions must be related to teacher performance and based therefore on appraisal - a
written recommendation on pay must accompany a teacher's appraisal report.
 For teachers not subject to the 2011 or 2012 appraisal regulations, the governing body will
determine the basis for taking decisions on teacher pay progression - except for NQTs,
where the statutory induction process must be used as the basis for taking decisions.
 Increases must be "differentiated" and clearly attributable to the performance of the
individual teacher. There is as yet no reference to governing bodies being able to set their
own pay scales and whether this would be consistent with a requirement for
"differentiated" pay increases.
 Within these parameters, the school pay policy should set out clearly how pay increases
are determined. Relevant bodies must have regard to the pay policy and the teacher's
post within its staffing structure in making pay decisions.
Threshold / Progression on the Upper Pay Range from September 2014
 From September 2013 onwards, any qualified teacher can apply to be paid on the upper
pay range, not just those on the top of the Main pay range. Applicants will be required to
show they are highly competent in all elements of the relevant standards (Teachers
Standards in England and Practising Teachers Standards in Wales) - the existing “postthreshold standards” do not appear in the draft 2013 STPCD - and that their achievements
and contribution to the school are substantial and sustained
 Teachers who apply successfully to be paid on the Upper Pay Range will be paid at a rate
on the range decided by the school.
 Teachers paid on the UPS or as an AST or ET in 2012 or earlier in that school must be
paid on the upper pay range but the school will decide the value of the payment with the
range. Teachers who apply successfully under the 2012 STPCD threshold process must
be paid at the minimum of the range.
 All teachers paid on the Upper Pay Range are only guaranteed continuing payment on that
range while they continue to be employed in that same school.
 Progression on the Upper Pay Range will be based on the same system as for the Main
Pay Range - governing bodies will decide whether to increase the pay for teachers on the
Main pay ranges and, if so, by how much - although progression will be allowed every year
rather than every two years in future.
 The existing statutory guidance on UPS progression has been completely deleted from the
draft 2013 STPCD.
Other Pay Changes
There are a number of other changes which could disadvantage particular groups of teachers:

The proposed fixed-term TLR payments have been designated as "TLR3 payments".
These can be valued at between £500 and £2,500 (just under the TLR2 minimum) and
must be linked to "clearly time-limited school improvement projects" or "one-off externally
driven responsibilities" and its duration must be established at the outset. Line
management responsibility for a significant number of people has been specified as a
criterion for TLR2 as well as TLR1, although this may be an error in drafting.
4








Although there continues to be an obligation to review pay annually, the removal of the
definition of a "year of employment" may disadvantage women on maternity leave, as this
previously confirmed that time on maternity leave should not be treated differently or
disregarded for pay purposes; while teachers moving school may be disadvantaged by the
requirement for pay decisions to be based on recommendations from appraisal meetings
since these meetings will be conducted at the new not the old school.
The range and criteria for SEN allowances are unchanged, though the reference obliging
relevant bodies to determine whether a teacher paid an SEN allowance under a previous
STPCD should receive one has been removed.
The Advanced Skills Teacher (AST) and Excellent Teacher (ET) designations end on 31
August 2013 and there are no AST/E provisions or pay scales in the draft 2013 STPCD.
Schools will be able to use the new Leading Practitioners range to create posts with similar
roles similar to AST and ET posts. There are no national criteria for appointment to that
range and no requirement that such posts should include outreach work. Safeguarding
will apply to any ASTs/ETs who are not moved onto the Leading Practitioners pay range
and also where schools change the primary purpose of a post paid on the Leading
Practitioners pay range (this continues to an extent the previous provision for AST posts
but could prove to be a looser requirement in practice). Progression on the new range will
be based on the same system as for the Main and Upper pay ranges.
Pay safeguarding provisions are substantially unchanged, although the following changes
are noteworthy:
- payment of SEN allowances will now be counted towards reducing or ending TLR
safeguarding
- safeguarding arrangements are being introduced for ASTs/ETs affected by the
abolition of those designations (see above); and
- safeguarding already being paid to former ASTs/ETs will continue.
Currently, teachers moving to schools outside their existing London/Fringe pay area but in
the same LA area may continue to be paid at the same pay rate on the same London/
Fringe area pay scale. The draft STPCD provides that such teachers may continue to be
paid on the same area pay range but removes the protection of the existing pay rate.
The 3-year limit on recruitment / retention payments (which can currently be renewed as
retention payments in "exceptional circumstances") has been replaced by a requirement
for relevant bodies to conduct a "regular formal review" of such awards including the
expected duration of such awards and the review date after which they can be withdrawn.
The STPCD pay guidance is much reduced. The DfE has said that much of the guidance
removed will be included in its toolkit. Examples of items deleted from the guidance are:
pay policy and grievance procedures; timing of pay decisions and notification; descriptor of
leadership group teachers and progression requirements; UPS descriptor and progression
requirements; and assessment against post-threshold standards.
NUT Commentary on Michael Gove's Proposals
Retention of a broad national framework and rejection of more local pay scales
 This is not a rejection of regional or localised pay - the proposals will lead to determination
of pay scales at school level.
Performance related pay progression linked to annual appraisal for all teachers
 The NUT has been opposed to PRP in teaching since the day it was founded in 1870.
There are three basic reasons for this:
- measuring teachers' individual contributions is next to impossible - our profession is
based on teamwork and every teacher contributes in some way to every student's
development
5
-

there is no evidence that linking pay to performance motivates teachers in any case but it will destroy the value of appraisal as a process supporting professional
development
- decisions are going to be subjective, unfair or even discriminatory - they will be based
on head teachers' personal likes and dislikes, the funding position of the school and a
host of other reasons that aren't based on "performance" at all.
The evidence shows that performance related pay systems fail in most situations - and
schools are a particularly difficult place to make them work. Teachers in different schools
would be treated very differently for the same performance. Individual schools in financial
difficulties could withhold progression or pay teachers less than the proper rate for the job.
Rapid promotion for some will only happen at the expense of others. An appraisal system
meant to allow a professional discussion about teaching and development will, in very
many schools, be fatally undermined by a link to pay and become an even more fraught
process which undermines relationships between heads and teachers.
Abolition of mandatory pay points within the pay scales for classroom teachers
 This is a level of flexibility that we believe most head teachers will not welcome. The
defined points on the Main and Upper Pay Scales give a degree of certainty which is being
removed. Instead teachers could gain progression but receive a lower increase than the
existing incremental points, making progress each year but taking many more years to
reach the scale maximum.
Removal of Main Scale incremental progression based on length of service
 Annual increments have existed in teaching since the 1920s and continue to be an integral
part of many other graduate pay structures. They give some certainty to career
progression which is vital to support the recruitment and retention of new graduates. Now
this certainty is at risk of being replaced by arbitrary and inconsistent decision making
based on factors outside teachers' control.
"Reference points"
 Removing mandatory points will remove the benchmarking that currently exists for career
and pay progression. Potential recruits will realise that already poor levels of pay
progression in early career had become far less secure, particularly while pressures on
school budgets continue. Fixed points on the pay scales should be retained - but as
mandatory points not points for reference.
Simplification of threshold assessment
 The NUT agrees that the threshold process is far too detailed but we know that the
Government's agenda is simply to reduce the number of teachers who progress to the
Upper Pay Scale. The Government has done no equality assessment about the impact of
its proposals but we know that there is already evidence of discrimination in the process.
Ending portability - the obligation to match existing pay when moving schools
 Teachers seeking to move school may be forced to compete with other teachers by
agreeing to start at less pay than they are currently on. The NUT will be calling for an
equality impact assessment in terms of its impact on women teachers who are more likely
than men to take career breaks for family reasons.
Leading Practitioner posts
 This replacement for the AST and ET schemes shares the same flaw in that it requires
specific posts to be created which involve the teacher working outside her/his own
classroom. These are posts of extra responsibility - the NUT has always believed that
extra responsibilities of whatever kind, including professional support to colleagues, should
be paid through the existing promoted posts systems. The NUT also fears that, with AST
6
funding already being cut, the change will be used as an excuse to abolish such posts
even though the change of designation does not itself justify doing so.
TLR3 payments - fixed-term responsibility allowances for time-limited projects
 Although the existing TLR provisions are being retained, the introduction of time limited
allowances could undermine these provisions and remove much of the career structure in
schools by replacing permanent TLRs. Teachers could lose their money as soon as the
work is completed; or be expected to continue the work without that additional level of
payment; or see the work and the money simply transferred to someone else.
Ofsted’s responsibility for holding schools to account
 Michael Gove is clearly worried that many head teachers will not want to use this
opportunity to drive down teachers' pay and will want to maintain a collegiate approach to
pay. Ofsted will therefore be asked to ensure that head teachers and governors implement
the new system - even if this means demanding that they act against their expert
professional judgement about what is right for their school.
A second stage of reform?
 Michael Gove's original proposals to the STRB envisaged the abolition of almost all
statutory provisions on teachers' pay, going far beyond the proposals he has now
announced. The STRB itself has said that it anticipates that in only 2-5 years there may
be a possibility of going further, drawing on the experience of these reforms and any
initiatives implemented in academies. These proposals are not necessarily the final word they may turn out to be just a short stay of execution.
Support the NUT's Campaign to Protect our Pay
For more details and to join the NUT's campaign against the proposals, go to
www.teachers.org.uk/campaigns/pay
National Union of Teachers
February 2013