1 LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15 SCHOOL

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SCHOOL TEACHERS’ PAY
NUT GUIDANCE ON LEADERSHIP
PAY FOR 2014/15
This NUT guidance gives advice on the statutory provisions on pay for leadership teachers
and on NUT policy and guidance on setting leadership pay.
The leadership pay framework changes from September 2014 as a result of the Secretary of
State's acceptance of recommendations made by the STRB in its 23rd Report (February
2014). Under the new framework, the fixed 43-point leadership pay spine has been
abolished in favour of greater "flexibility" in setting individual pay ranges. The new
provisions on setting pay ranges apply when new appointments are made and when
existing post holders' responsibilities change; otherwise, existing pay scales can remain in
place. The new provisions on pay progression will apply to pay progression decisions
taken for September 2014.
The NUT does not wish any restructuring of school leadership groups to take place simply
because these new pay arrangements have been put in place. In order to avoid further
disruption to school staffing structures, the NUT advises that governing bodies should only
re-assess the pay of existing school leaders in cases of significant changes to
responsibilities.
LEADERSHIP GROUP POSTS AND PAY RANGES
Statutory Provisions
The governing body determines the size of the school’s leadership group.
The previous provisions in the 2013 STPCD provided for a 43 point leadership pay spine; schools
placed into one of seven school groups according to the age and number of pupils; head teachers
paid on a seven point Individual School Range (ISR) determined by the governing body, within a
broad range of spine points for the relevant school group; and deputy and assistant head teachers
paid on a five point individual pay range determined by the governing body.
From 1 September 2014, however, the 43 point leadership pay spine has been removed from the
STPCD and has been replaced by a "leadership pay range" (the minimum and maximum of the
range coincide with the minimum and maximum of the previous spine, uprated in line with any
September 2014 pay increase). Individual pay ranges for head teachers and for deputy and
assistant head teachers are determined by the governing body and may be of whatever length the
governing body deems appropriate and may or may not include fixed scale points.
As noted above, these new provisions for determining individual pay ranges only apply
automatically to new appointments or to existing posts following restructuring or changes to
responsibilities. There is no requirement to re-assess the pay of existing head teachers or other
school leaders in September 2014.
DfE advice for schools sets out a three-stage process for governing bodies to follow in setting the
pay for head teachers and other leadership group teachers.
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15
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The new provisions relating to the determination of individual pay ranges from 1 September 2014
are as follows:

Schools will continue to be placed into one of seven school groups according to the age and
number of pupils.

The individual pay range for head teachers should be set within the overall leadership pay
range and within one of seven broad pay ranges for each of the seven school groups. The
individual pay range for deputy and assistant head teachers may be located anywhere within
the overall leadership pay range (subject to certain provisions on differentials - see below).
(2014 STPCD, Section 2, para’s 9.1 to 9.4 & para 8 of Section 3 Statutory Guidance).

Individual pay ranges for head teachers and for deputy and assistant head teachers may be of
whatever length the governing body deems appropriate and may or may not include fixed
scale points. The previous provisions requiring seven and five point pay scales respectively
has been removed. (2014 STPCD, Section 2, para’s 9.1 to 9.4).

When determining an individual pay range, the governing body should take into account “all of
the permanent responsibilities of the role, any challenges specific to the role and all other
relevant considerations” (para 9.2). For that reason, the provision for additional discretionary
payments to head teachers has been restricted (see below). The governing body should also
allow appropriate scope within the individual pay range for performance based pay
progression.

Governing bodies continue to be able to decide to set the head teacher's pay range up to 25
per cent above the maximum of the pay range for that school group and, in exceptional
circumstances and where supported by a business case, beyond that figure. (The former
power to pay head teachers “up to two groups higher” than the school’s group size was
abolished in 2009.). (2014 STPCD, Section 2, para 9.3 & para’s 12 to 14 of Section 3 Statutory
Guidance).

There continues to be additional statutory guidance on determining the school group size and
consequential pay range where a head teacher is permanently responsible and accountable
for more than one school (see below) and on determining the pay of a head teacher
temporarily accountable for more than one school. (2014 STPCD, Section 2, para’s 10 to 11 &
15 to 22 of Section 3 Statutory Guidance).

Discretionary payments to head teachers continue to be permitted for "clearly temporary
[additional] responsibilities or duties" which have not been previously taken into account when
setting the individual pay range. These payments are limited to 25 per cent of pay other than
in "wholly exceptional circumstances" (excluding payments for residential duties or for
relocation purposes). Head teachers already in receipt of discretionary payments which do not
meet the new criteria should continue to receive them until their individual pay range is
reassessed (ie they move post or their role changes significantly). (Para’s 12 to 14 of Section
3).

The previous provisions prohibiting an overlap between the pay ranges for head teachers and
other leadership teachers have been removed. Governing bodies are entitled to determine
appropriate pay differentials between leadership posts and with classroom teacher posts. The
pay ranges of deputy and assistant head teachers should only overlap the pay range of the
head teacher in "exceptional circumstances”. (2014 STPCD, Section 2, para 9.4).
The provisions relating to the implementation of the new provisions are as follows:

As noted above, there is no automatic requirement to review the pay of existing leadership
teachers on implementation of the new framework. (2014 STPCD, Section 2, para’s 4.1 to 4.2).
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15

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Where a leadership post vacancy arises, the governing body should use the new provisions to
determine the pay range for the post and consider whether it is appropriate to re-assess the
pay of others in the team. Similarly, pay ranges for existing post holders should be reviewed
whenever a significant change in responsibilities occurs. (2014 STPCD, Section 2, para 4.1).
The STRB was asked to consider the case for introducing specific provisions into the pay
framework for school leaders who take up challenging posts on a fixed term contract basis. No
such provisions have been introduced although the DfE advice to schools offers guidance to
governing bodies which employ school leaders on fixed-term contracts.
The STRB also recommended that governing bodies should seek advice and use benchmarking
data to assist them in taking decisions. No DfE guidance on this area has yet been published.
NUT Policy and Guidance
The NUT continues to advise governing bodies that school leadership groups should not be
excessively large, in particular where this would lead to some teachers losing the protection of
classroom teachers’ working time limits. The DfE has previously advised that it would be
exceptional to have leadership groups of more than seven in large secondary schools and more
than three in primary schools.
The NUT also continues to advise that decisions on the number of leadership group posts and on
pay levels and pay ranges for leadership teachers should be subject to a “whole school” approach
to pay policy which does not treat one group of school staff in isolation or take decisions on their
pay without considering the overall position and the impact on others.
The 3-stage process for setting school leaders’ pay set out in the DfE advice to schools is
otherwise helpful in procedural terms. Subject to the advice set out below, the NUT encourages
governing bodies to follow that process.
The NUT’s submission to the STRB stated that the existing pay framework should be retained. For
that reason, the NUT advises governing bodies to continue to use seven point individual pay
scales for head teachers and five point scales for other leadership teachers; and to continue to
locate such scales on the updated version of the former 43 point leadership pay spine which is
included as an appendix to this guidance.
The NUT’s submission also stated that fixed differentials between head teachers and other
leadership teachers should be retained. For that reason, the NUT advises that the pay range for
the head teacher should not overlap with the pay range for any other leadership teacher. Other
differentials should appropriately reflect relative responsibilities within the school.
The NUT’s submission also called for a review of whether the school group system properly
rewarded primary head teachers in comparison to secondary head teachers. The new provisions
do not alter the school group system. Primary school governing bodies are unlikely to be able to
take advantage of the “flexibility” offered to pay more to head teachers due to the absence of any
additional funding to do so.
The NUT rejects the concept of using fixed term contracts for those leading challenging schools
and advises governing bodies against this approach.
The NUT supports the STRB’s view that governing bodies should take advice and have
benchmarking information available to assist them when taking decisions on school leaders’ pay.
Advice should cover the procedural matters involved in pay setting and appropriate levels of pay.
The NUT continues to believe that a wider review of school leadership is still necessary and that
the leadership pay system should be further reviewed under such a wider review.
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15
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PAY PROGRESSION FOR LEADERSHIP GROUP TEACHERS
The new provisions for pay progression for leadership teachers apply to pay decisions for all
leadership teachers for September 2014, even though they were in not in place when appraisal
objectives were set for the 2013-14 appraisal year.
Statutory Provisions
The STPCD continues to require governing bodies to undertake pay assessments each year for all
qualified teachers, including leadership teachers. (2014 STPCD, Section 2, para 3.1). As with
other teachers, there is no requirement for leadership teachers to apply for progression within their
pay ranges. Assessments should be carried out as at 1 September each year and progression is a
permanent entitlement while the teacher remains in the same post.
Previous STPCDs required that, before any decision on pay progression for leadership teachers is
taken, there must first be a review of the teacher’s performance. Prescribed criteria for
progression required that the teacher’s achievements and contribution to the current school or
schools at which the teacher has previously worked must have been of ‘sustained high quality’
taking account of the performance objectives. The governing body was required to ‘have regard’ to
the appraisal reviewer’s pay recommendation and the provisions of the STPCD, statutory
guidance and pay policy.
The 2014 STPCD, however, provides that governing bodies determine the criteria for pay
progression. While decisions must be related to performance, the former statutory criteria no
longer apply. Instead, the school pay policy should set out the precise criteria for pay progression
for leadership teachers, subject to an expectation that “sustained high quality of performance …
should give the individual an expectation of progression”. The governing body remains required to
“have regard” to the appraisal reviewer’s pay recommendation and the provisions of the STPCD,
statutory guidance and pay policy. In the case of the head teacher, the governors responsible for
her/his performance review continue to provide the pay recommendation (Section 2, para’s 11.1 to
11.2).
The governing body also determines the level of any pay increase. Depending on the pay policy
adopted by the governing body, progression within the pay range might be made by moving to
higher specified pay points or moving to a higher pay level within the range as determined by the
governing body on each occasion.
NUT Policy and Guidance
Decisions on pay progression for leadership group teachers should again be subject to a whole
school approach to pay policy. This means that, while decisions on leadership teachers' pay
progression should of course be taken according to progression criteria and should not be
restricted on the basis of funding, pay progression decisions for other teachers should not be
affected by decisions taken in respect of leadership teachers.
The NUT’s advice on pay progression for September 2014 and the application of the new
provisions is as follows:

The NUT model pay policy provides that appraisal reviews should be deemed to be successful
unless significant concerns about standards of performance have been raised in writing with
the teacher during the annual appraisal cycle and have not been sufficiently addressed
through support provided by the school by the conclusion of that process.

Pay progression for leadership teachers should therefore be agreed where teachers have met
or made significant progress towards meeting their objectives - it is not necessary for all
performance targets to be met in full. (For further information, see the joint NUT-NASUWT
school pay policy checklist and the performance management/appraisal checklist).
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15
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
Decisions not to award pay progression should not preclude pay increases for other reasons,
such as additional responsibilities or an increase in the size of the school.

Pay increases should be equivalent in value to the expected incremental point. Ranges should
not be automatically extended where teachers were at the top of their existing range. The new
provisions should not, however, be used in such a way as to extend the period of time over
which teachers who are not on the maximum of their pay range can progress to the maximum.
DISCRETIONARY PAYMENTS FOR HEAD TEACHERS
Statutory Provisions
The 2014 STPCD permits discretionary payments only for “clearly temporary [additional]
responsibilities or duties” which have not previously been taken into account in setting the
individual pay range. These payments are limited to 25 per cent of pay other than in "wholly
exceptional circumstances" (excluding payments for residential duties or for relocation purposes).
Governing bodies are required to document decisions clearly and also ensure they have oversight
of all contractual arrangements and income streams applying to head teachers. Head teachers
already in receipt of discretionary payments which would not be payable under the new provisions
should continue to receive them until their individual pay range is reassessed (ie they move post or
their role changes significantly).
The NUT supports the system of discretionary payments which are additional to basic pay
provided that they are payable in defined and limited circumstances and for legitimate purposes.
Where governing bodies wish to make such payments, they should carefully follow the statutory
provisions and be cautious in determining that payments are justified and are of appropriate value.
NUT Policy and Guidance
The NUT has supported the system of discretionary payments which are additional to basic pay
provided that they are payable in defined and limited circumstances and for legitimate purposes.
The NUT will, however, continue to argue that clearer advice is required on all aspects of pay
setting, including on making and recording the case for such payments.
The NUT advises that where governing bodies wish to make such payments, they should carefully
follow the statutory provisions and be cautious in determining that payments are justified and are
of appropriate value. Governing bodies should set out a basis for taking such decisions as part of
the school’s pay policy and should record the justification for any and all such decisions in writing.
Advice should be taken in all cases where it is proposed to exceed the 25% normal limit.
Finally, where such payments are made - either to head teachers for temporary responsibilities
undertaken in respect of other schools, or to other leadership teachers for temporary
responsibilities undertaken within the school - governing bodies should consider the position of
other teachers who might also be taking on additional responsibilities as a consequence.
ACTING ALLOWANCES FOR LEADERSHIP GROUP TEACHERS
Statutory Provisions
The STPCD continues to contain provisions for acting allowances to deputy head teachers or
assistant head teachers who act in the role of head teacher or deputy head teacher on a
temporary basis.
It should be noted, however, that deputy head teachers are, unlike assistant head teachers,
required by their statutory professional duties to undertake on a day to day basis the head
teacher’s professional duties when the head is absent from the school.
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15
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NUT Policy and Guidance
Where deputy head teachers or assistant head teachers are required to act as head teachers or
deputy head teachers for a period in excess of four weeks, they should receive allowances in
order that their pay is equal to that of the substantive post holder.
Payment of acting allowances should be backdated to the day they assumed these duties. No
pressure, direct or indirect, should be placed on assistant head teachers to act up where the
decision to agree to act up is voluntary on their part.
OTHER ALLOWANCES FOR LEADERSHIP TEACHERS
Leadership teachers may be paid two other kinds of allowance:


recruitment / retention incentives; and
additional payments for CPD undertaken outside the school day, activities relating to initial
teacher training, participation in out-of-school hours learning activity, and additional
responsibilities relating to head teachers' involvement in supporting other schools.
The 2014 STPCD provides that recruitment / retention payments may only be made to head
teachers for reimbursement of housing or relocation costs, since other recruitment / retention
considerations should be reflected in the individual pay range. (Section 3, para 70). The NUT
advises that the same position should apply to pay for deputy and assistant head teachers.
The 2014 STPCD also provides that payments under the final part of the second heading may only
be made to head teachers in line with the provisions of the STPCD and the school’s pay policy and
which are for clearly temporary responsibilities or duties that are in addition to the post for which
their salary has been determined. Any permanent responsibilities should be taken into account
when setting the individual pay range. Again the NUT advises that the same position should apply
to pay for deputy and assistant head teachers. The NUT advises that this consideration should
also apply to payments under the other parts of the second heading eg payments should not be
made for management of ITT activities by leadership teachers, since this can and should again be
reflected in the individual pay range.
NUT
Advice, Policy and Campaigns Dept.
Pay, Conditions & Bargaining Section
September 2014
LEADERSHIP PAY - NUT GUIDANCE FOR 2014/15
APPENDIX
STRB THREE STAGE PROCESS FOR DETERMINING SCHOOL LEADERS’ PAY
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