SCHOOL TEACHERS’ PAY NUT GUIDANCE ON THE TEACHERS’ PAY STRUCTURE FOR 2014/15 This NUT guidance considers the statutory provisions governing teachers’ pay and sets out NUT advice, in particular on the use of discretionary powers on pay, to help school governors and head teachers treat all teachers fairly. The Government is dismantling the national pay system for teachers by ending prescribed pay scale points, extending PRP to all pay scales and implementing schoolbased pay determination. The first decisions on pay progression under the new provisions will be taken for September 2014, based on appraisals at the end of the 201314 cycle. The outcome will be much greater inequality and discrimination in teachers’ pay, with pay progression decisions taken on the basis of factors outside teachers' control, such as the school's funding position or simply whether or not a teacher’s face fits. The NUT is working to ensure that, at school level, governing bodies do not implement policies which threaten teachers’ existing pay entitlements. The Government’s attack on teachers’ pay is the reason why the NUT continues its campaign to stop the destruction of teachers’ national pay system, to say ‘no’ to a pension age of 68 or higher, and to stop attacks on teachers’ working conditions. Use this in conjunction with the joint NUT-NASUWT model school pay policy and school pay policy checklist available from the NUT website at www.teachers.org.uk/pay. NUT members can seek further advice from their NUT division or association or from their NUT regional office or NUT Cymru. The 2014 School Teachers’ Pay & Conditions Document can be found at: https://www.gov.uk/government/publications/school-teachers-pay-and-conditions-2014 The DfE’s advice to schools on pay progression issues can be found at: https://www.gov.uk/government/publications/reviewing-and-revising-school-teacherspay SECTION 1 - PAY POLICIES AND PAY PROCEDURES The School Teachers’ Pay and Conditions Document (STPCD), published annually, contains statutory provisions on teachers’ pay which are binding on governing bodies and head teachers and statutory guidance to which they must ‘have regard’ when taking decisions. The STPCD requires every governing body to have a written school pay policy, setting out the decision-making structure for all pay decisions, including annual pay assessments, discretionary decisions and appeals procedures, the pay scales for teachers and the criteria to be applied in taking decisions on pay. DfE advice states that all decisions should be taken in accordance with the pay policy, which should be reviewed annually (in consultation with teachers and union representatives) and kept up to date. The school pay policy should also affirm the governing body’s commitment to fairness, openness, consultation and accountability and the NUT model pay policy includes some useful statements for this purpose. Governing bodies can delegate responsibility for pay decisions (eg pay progression or starting pay) to governing body committees. The NUT supports this practice and a model remit for a SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 2 governing body Pay Committee is attached as Appendix One. The NUT does not support delegation of responsibility for pay decisions to head teachers alone. The STPCD requires governing bodies to undertake pay assessments for all qualified teachers with effect from 1 September each year and where appropriate consider pay progression for the previous year of service. The 2014 STPCD defines a year of service as a period of 12 months starting on 1st September unless the school’s academic year begins in August in which case it means a period of 12 months starting on 1 August. Each teacher should receive an annual statement setting out their entitlement comprising basic pay and any allowances or safeguarding payable. Although assessments will usually take place after 1 September each year, any pay increase will take effect from 1 September. Where teachers have queries or concerns about pay decisions, NUT representatives should refer them to the NUT division or association or to the appropriate NUT office for advice and assistance. SECTION 2: CLASSROOM TEACHERS’ PAY Teachers who are not head teachers, deputy or assistant head teachers or leading practitioners are generally referred to as ‘classroom teachers’. The STPCD provides two pay ranges for classroom teachers, the Main Pay Range and Upper Pay Range, and also provides for additional payments for a number of reasons including in particular for additional responsibilities. Since 1 September 2013, there are no mandatory fixed pay points, just minimum and maximum values for the Main and Upper Pay Ranges. Governing bodies are responsible for determining the value of any scale points and the school’s progression criteria. 2.1 MAIN PAY RANGE Since September 2013, a Main Pay Range has replaced the former 6-point Main Pay Scale. Only minimum and maximum values for payments on that Range are specified (equal to previous points M1 and M6). There are no other mandatory prescribed points and schools are able to determine the number and value of any scale points, how teachers progress and by how much. The NUT believes schools should retain a 6-point Main Pay Range. Recommended values for the Main Pay Range for 2014-15 appear in Appendix 2. Provisions concerning the longstanding right to ‘portability’ of existing pay rights have been removed. If teachers moved school or took a break, they were previously entitled to be paid on at least the same pay point as before. Schools now have the discretion to pay teachers at any specified pay point. The NUT believes that schools should adopt pay portability and provisions for this appear in the NUT-NASUWT model pay policy. Provisions determining how points should be awarded for other teaching and non-teaching experience have been removed. Classroom teachers on the Main Pay Range were previously entitled to one experience point for each year of employment as a teacher in a maintained school in England and Wales with a discretionary power to allocate points in other circumstances. Governing bodies still have a discretionary power to allocate additional scale points for other teaching employment, such as teaching in independent schools, academies, sixth form and FE colleges or teaching overseas; or other paid or unpaid non-teaching experience. The NUT supports allocating one discretionary point on the recommended 6 point scale for every one year of teaching employment and one point for every three years of relevant non-teaching experience. In all cases the pay policy should set out the governing body’s criteria for allocating discretionary experience points. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 3 The NUT believes that all employers should employ newly qualified teachers (NQTs) on permanent rather than temporary or fixed-term contracts. A permanent contract is in the best interests of the NQT and also in the long-term interest of the school. 2.2 UPPER PAY RANGE Since 1 September 2013, an Upper Pay Range has replaced the former 3-point Upper Pay Scale. Only minimum and maximum values (equal to previous points U1 and U3) are specified. There are no longer mandatory points and schools are able to add more points in between if they choose. The NUT believes schools should retain a 3-point Upper Pay Range. Recommended values for the Upper Pay Range for 2014-15 appear in Appendix 2. Teachers’ entitlement to be paid on the UPR is no longer permanent. 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 though schools have the discretion to appoint new teachers who had been paid on the UPR at their previous school to the Upper Pay Range at the new school. Teachers progressing from the Main Pay Range to the Upper Pay Range will be paid at a point on the Upper Pay Range in line with the provisions of the school’s pay policy. 2.3 PAY PROGRESSION Detailed NUT guidance on pay progression for September 2014 is available on the NUT website at www.teachers.org.uk Progression on the Main Pay Range and Upper Pay Range is, from September 2014, based on a single set of common provisions. Decisions must be related to teacher performance and based therefore on appraisal - a written recommendation on pay must accompany a teacher's appraisal report. Governing bodies will decide whether to increase the pay for teachers on the Main and Upper Pay Ranges based on appraisal and, if so, by how much - although progression on the Upper Pay Range will be allowed every year rather than every two years in future. The governing body will determine the criteria for taking decisions on teacher pay progression subject only to broad requirements in the STPCD (see below). That might mean, for example, that NQTs pass their induction but discover that they are still not allowed to progress up the Main Pay Range. Even if a teacher meets all the agreed objectives, they could find that their pay progression is still withheld, even in the absence of capability proceedings. The STPCD requires that continued good performance should give a classroom teacher “an expectation of progression to the top of their respective pay range” (para 19.2 (e), Part 3, 2014 STPCD). Paragraph 19.2(e) of the 2014 STPCD states: “continued good performance as defined by an individual school’s pay policy should give a classroom or unqualified teacher an expectation of progression to the top of their respective pay range”. Paragraph 19.3 states: “The relevant body must set out clearly in the school’s pay policy how pay progression will be determined ..”. Pay increases must be clearly attributable to the performance of the individual teacher (para 19.2(d)). This does not, however, mean that schools cannot adopt fixed pay scales. 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. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 4 There is no requirement for teachers to apply for pay progression. Governing bodies are required to carry out pay assessments and cannot impose any requirement to complete application forms or refuse progression where teachers decline to do so. There should be no restrictions on pay progression on the basis of funding. The NUT-NASUWT model pay policy contains model provisions on pay progression which schools are asked to adopt. The NUT advises that teachers should be awarded pay progression on the MPR following a successful appraisal review and be awarded progression on the UPR following two successful reviews. Reviews should be deemed successful unless significant concerns about standards of performance were raised in writing with the teacher concerned during the annual appraisal cycle and have not been sufficiently addressed through support provided by the school by the conclusion of that process. 2.4 MOVEMENT TO THE UPPER PAY RANGE: “THRESHOLD ASSESSMENT” Detailed NUT guidance on “threshold assessment” and on completing applications is available on the NUT website at www.teachers.org.uk From September 2013 onwards, any qualified teacher on the Main Pay Range can apply to be paid on the Upper Pay Range, not just those on the top of the Main Pay Range. Paragraph 15.2 of the 2014 STPCD provides that for an application to be successful, the relevant body must be satisfied that the teacher is: “highly competent in all elements of the relevant standards; and that the teacher’s achievements and contribution to an education setting or settings are substantial and sustained”. Teachers who apply successfully to be paid on the Upper Pay Range will be then paid at a rate on the range decided by the school. Applications for threshold assessment continue to be voluntary. Head teachers are required to consider applications against the statutory requirements set out in the STPCD, criteria set by the governing body and the outcomes of appraisal1. The school governing body determines the deadline for receipt of applications and who can apply for an assessment. These should be set out clearly in the school pay policy. In recent years many eligible teachers have not applied despite the fact that the success rate has remained above 90 per cent. The NUT encourages all eligible teachers to apply for threshold assessment. 2.5 TEACHING AND LEARNING RESPONSIBILITY (TLR) PAYMENTS Detailed NUT guidance on TLR payments is available on the NUT website at www.teachers.org.uk TLR payments reward additional leadership and management responsibilities undertaken by classroom teachers. Governing bodies determine the overall number of TLR payments available in the school and the levels and values of those payments. The STPCD provides three payment bands, TLR1, TLR2 and TLR3 bands, which govern the values of TLR payments. Governing bodies can establish more than one level of TLR payment 1 New arrangements for gaining access to the UPR came into effect on 1 Sept 2013. The arrangements apply to teachers in England and Wales irrespective of whether they are subject to the 2011 or 2012 regulations or neither. Relevant bodies must assess any application and make a determination in line with the school’s pay policy, on whether a teacher meets the statutory criteria as set out in the 2014 STPCD at para. 15.2. Any decision made under para 15 of the STPCD applies only to employment in that same school. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 5 within each TLR band as well as the value of TLR payments at each level. There is no longer any prescribed minimum differential between each level of TLR payment in a school. The STPCD sets out criteria for TLR payments. In order to qualify for any TLR payment, teachers must undertake a “significant responsibility … not required of all classroom teachers” in relation to the leadership and management of teaching and learning. In order to qualify for a TLR1 (higher band) payment, teachers’ duties must include in addition “line management responsibility for a significant number of people”. TLR3 payments must be time-limited payments for “clearly time-limited school improvement projects, or one-off externally driven responsibilities”. TLR payments are payable for different purposes and under different criteria to SEN allowances and recruitment/retention payments. Some teachers may be eligible to receive TLR payments and also SEN allowances and recruitment/retention payments. TLR1 and TLR2 Payments TLR1 and TLR2 payments should be set out in the school staffing structure, which should be published as part of the school pay policy and should indicate those posts carrying TLR1 and TLR2 payments and the values of such payments. TLR1 and TLR2 payments should be allocated on a permanent basis, so that teachers continue to receive the payments unless they leave the school or responsibilities are reorganised. TLR1 and TLR2 payments should not be allocated on a temporary basis other than in circumstances such as cover for sickness, maternity or secondment or pending a permanent appointment. Although a teacher cannot hold more than one TLR1 or TLR 2 payment, it is possible for a post carrying a TLR payment to involve a single job description comprising several different areas of significant responsibility. Teachers can however receive one or more TLR3 payments in addition to a TLR1 or TLR2 payment The values of the bands and individual TLR payments are usually increased in line with the general increase in pay scales. For 2014/15, the lower band, TLR2, is set at £2,587 to £6,322, while the higher band, TLR1, is set at £7,471 to £12,643. The NUT recommends that governing bodies adopt the following structure for TLR payments which reflects the former five level structure of Management Allowances. The values below are recommended for 2014/15 and are reviewed appropriately each year. TLR2a TLR2b £2,587 £4,316 TLR1a TLR1b TLR1c £7,471 £9,754 £12,643 Governing bodies should then determine the level of the TLR payments for individual posts, as appropriate to the duties and responsibilities of those posts, using these prescribed levels and values. The NUT does not offer further detailed guidance on this matter since the levels of additional responsibility held by teachers in such posts can vary, both within and between schools, even where the subject area or the number of staff managed is the same. TLR3 Payments The value of TLR payments can be between £511 and £2,551. The duration of the payments must be established at the outset. These must be for “clearly time-limited school improvement projects or one-off externally driven responsibilities” (2014 STPCD, para 20.3). There should be clear criteria for the award, level and duration of these payments. The NUT believes there should also be full consultation and agreement with union representatives before any decisions are made to make such payments. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 6 Other Matters Part time teachers may share the duties of a post of additional responsibility. This is best achieved by a formal job share arrangement setting out the division of responsibilities and division of the TLR payment. Where one of the job share partners undertakes a larger part of the additional responsibilities, the TLR payment should be allocated accordingly. The 2014 STPCD makes clear at para 43.1 that the pro-rata principle does not apply to TLR3 payments awarded to part-time teachers so that part time teachers can receive the full value of a TLR3 payment where they undertake the full responsibility for which the payment is made. Pastoral responsibilities may continue to be rewarded by TLR payments as these fulfil the criterion relating to “leading and managing pupil development across the curriculum”. Teachers with pastoral responsibilities should therefore receive appropriate TLR payments for that work. 2.6 SPECIAL EDUCATIONAL NEEDS ALLOWANCES The STPCD provides that teachers may receive Special Educational Needs allowances in respect of certain work with children with special needs. From September 2010, an SEN Allowance range has replaced the previous two separate SEN allowances. Payments must be made to teachers in special schools or in SEN posts requiring a mandatory SEN qualification and to teachers teaching pupils with SEN in designated special classes/units or LA services/units. Payments must also be made to teachers in mainstream schools or PRUs where the setting is “analogous to a designated special class or unit” and the post meets specified criteria referring to substantial direct work with children with SEN beyond that normally required of teachers in the school or service/unit. Where an SEN allowance is to be paid, its value is determined by the governing body, taking into account the structure of the school’s SEN provision; any qualifications and expertise relevant to the post; and the relative demands of the post. The STPCD advises that a teacher who teaches a special class for which a mandatory qualification is required and who also has considerable experience and expertise, would be more likely to be paid towards the top end of the range. The STPCD statutory guidance makes it clear that SEN allowances can be held at the same time as TLRs. The NUT advises that teachers who meet the statutory criteria should receive an SEN allowance at least equal to the minimum of the SEN range (£2,043); and that teachers who have two or more years’ experience in the role or in a similar role in a predecessor school or service should receive a higher SEN allowance equal to the maximum of the SEN range (£4,034). SECTION 3: LEADERSHIP TEACHERS’ PAY Detailed NUT guidance on leadership teachers’ pay is available on the NUT website at www.teachers.org.uk 3.1 LEADERSHIP POSTS AND PAY RANGES The leadership pay framework has changed 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 existing 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 will apply when new appointments are made and when existing post holders' responsibilities change; otherwise, existing pay scales can remain in place. There is no requirement to re-assess the pay of existing head teachers or other SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 7 schools leaders in September 2014. As noted earlier, the new provisions on individual pay ranges apply automatically only to new appointments or to existing posts following restructuring. 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. From 1 September 2014, the 43 point leadership pay spine has been removed from the STPCD and replaced by a "leadership pay range" (the minimum and maximum of the range are expected to 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 will be 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. 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 the upper and lower limits of a broad pay range for schools in that school group. 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). 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 have been removed. 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”. 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. As noted above, these new provisions for determining individual pay ranges will only apply automatically to new appointments or to existing posts following restructuring or changes to responsibilities. There is no automatic 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 teachers can be allocated recruitment and retention allowances and payments for involvement in CPD, ITE and out of hours learning activity. Additional provisions give guidance on payments in circumstances where head teachers have charge of more than one school, on a permanent or acting basis, or take on additional responsibilities outside the school. The NUT believes that decisions on leadership pay should be taken as part of a “whole school” approach to pay within the statutory requirements set out above. 3.2 PAY PROGRESSION FOR LEADERSHIP 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. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 8 The STPCD continues to require governing bodies to undertake pay assessments each year for all qualified teachers, including leadership teachers. 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 was 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 had 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. In the case of the head teacher, the governors responsible for her/his appraisal review provided the pay recommendation. 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. The governing body also determines the level of any pay increase. The NUT believes that decisions on pay progression should again form part of a ”whole school” approach to pay policy. The NUT’s detailed advice considers the standards necessary to secure progression makes it clear that leadership teachers may meet the necessary standards without having had to meet all appraisal targets in full. Decisions not to allocate pay progression should not preclude the review of pay for other reasons such as increases in responsibilities. 3.3 DISCRETIONARY PAYMENTS FOR HEAD TEACHERS 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. SECTION 4: LEADING PRACTITIONERS The Leading Practitioners Pay Range designation applies to teaching posts "whose primary purpose is to model and lead improvement of teaching skills", effectively replacing the abolished AST and ET grades which were discontinued on 31 August 2013. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 9 Schools are 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 this range and no requirement that such posts should include outreach work. There are only minimum and maximum values for such points. Schools have the discretion to set individual post ranges for such teachers though must have regard to the challenge and demands of the post and internal pay relativities (see para 16 of Section 2 and paras 33-36 of Section 3, 2014 STPCD). (Leading Practitioners are not subject to working time provisions). Progression on the new Leading Practitioners Pay Range is based on the same system as for the Main and Upper Pay Ranges. Safeguarding payments to those formerly employed as ASTs or as ETs must continue to be paid under the terms of the 2012 STPCD (see para 38.2 of the 2014 STPCD). The NUT believes that ASTs and ETs should have been assimilated on to the Leading Practitioners Pay Range at a salary no less than their AST/ET salary. Safeguarding arrangements apply if they are not so assimilated and instead move to lower paid posts. SECTION 5: OTHER PAYMENTS 5.1 RECRUITMENT AND RETENTION PAYMENTS The STPCD provides that governing bodies may make “such payments … as they consider necessary” to any teachers, including leadership teachers, for recruitment and retention purposes. Any such payments may be made either as a one-off payment or for a fixed period. The previous three year limit on recruitment and 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 NUT opposes such payments in principle but recognises that some governing bodies may wish to use them in response to local recruitment and retention difficulties. In such cases, payments should be made only according to clearly defined criteria set out in the school pay policy. Such payments may, however, justifiably be used to avoid pay losses for teachers who would lose pay due to the end of safeguarding as this would help retention of teachers who might otherwise seek employment elsewhere. 5.2 ADDITIONAL PAYMENTS: CPD, OUT OF SCHOOL HOURS LEARNING & ITT The STPCD permits governing bodies to make such payments as they see fit to any teachers, including leadership teachers, in respect of continuing professional development (CPD) undertaken outside the school day, out-of-school-hours learning activities and initial teacher training (ITT) activities. For full-time classroom teachers, payment can only be made for activities undertaken outside directed time. The STPCD statutory guidance advises that appropriate levels of payment and circumstances in which payments will be made should be set out in the school pay policy, which should be reviewed annually. The NUT emphasises that participation in such activities is entirely voluntary for classroom teachers. There should be no pressure, direct or indirect, to become involved. The STPCD statutory guidance states that “participation in CPD outside of directed time is voluntary and cannot be directed.” DfES Circular 0668/2002 went further in stating that “Full-time teachers cannot be required to undertake CPD outside their directed time and part-time teachers cannot be required to undertake CPD outside the time when they are normally employed to teach.” DfES Circular 0668/2002 also made clear that “Teachers' involvement in out-of-school hours SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 10 learning activity is entirely voluntary”. With regard to payments for ITT activities, the STPCD statutory guidance advises that “teachers undertaking school-based ITT activities do so on an entirely voluntary basis” unless they are Leading Practitioners who may be required to carry out that duty. The NUT believes that all teachers, including head teachers, who undertake such activities should receive additional payment at a daily or hourly rate calculated with reference to the teacher’s actual pay spine position or, where appropriate, at a higher level reflecting the responsibility and size of commitment. 5.3 ACTING ALLOWANCES The STPCD provides that, where a teacher carries out the duties of head teacher, deputy head teacher or assistant head teacher on a temporary basis, the governing body must consider within four weeks of the commencement of those duties whether the teacher should be paid an acting allowance as a separate addition to normal pay.2 Decisions on whether an acting allowance should be paid, and from what date, are at the discretion of the governing body. While they are paid acting allowances, teachers are subject to the conditions of service of the posts in which they are acting up. The NUT advises that acting allowances should be paid in all cases, backdated to the day the teachers assumed these duties. No pressure, direct or indirect, should however be placed on teachers to act up where the decision to agree to act up is voluntary on their part. SECTION 6: PART-TIME TEACHERS Detailed NUT guidance for part time teachers on pay and conditions is available on the NUT website at www.teachers.org.uk The STPCD provides that part-time teachers’ pay scale position should be calculated on the same basis as if they were employed full time. They should then be paid on a pro rata basis according to the proportion of the ‘school timetabled teaching week’ for which they are employed. Part-time teachers are entitled to pay progression and to receive TLR payments, SEN allowances and recruitment and retention payments on the same basis as full-time teachers. All part time teachers should consult the NUT’s separate guidance in order to ensure fairness in terms of pay and working time. SECTION 7: SUPPLY TEACHERS 7.1 SUPPLY TEACHERS EMPLOYED BY LAs & GOVERNING BODIES Supply teachers employed directly by the local authority or governing body are subject to the provisions of the STPCD. Their pay spine position must be assessed on the same basis as for full-time teachers. They are entitled to pay progression on the same basis as classroom teachers in regular employment. They receive 1/195 of the appropriate annual pay rate for each day of employment. Pay for employment of less than a day is to be calculated on a “pro rata” basis. The DfE has previously suggested that hourly pay should be based on a day of 6.48 hours (1265/195) or the total length of the school’s pupil day, while the NUT advises an hourly rate of 1/950 of the annual pay rate. 2 This provision does not apply where the teacher is formally appointed on a temporary basis as an acting head or acting deputy head In such cases, teachers should be appointed to the leadership pay spine on the usual basis for such posts for the duration of their acting appointment. SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 7.2 11 SUPPLY TEACHERS EMPLOYED VIA AGENCIES The pay of supply teachers employed via agencies is not automatically subject to the provisions of the STPCD. Their pay is determined by the agency concerned, which can choose to apply the provisions of the STPCD or its own pay provisions. SECTION 8: UNQUALIFIED TEACHERS & QTLS TEACHERS 8.1 UNQUALIFIED TEACHERS Since September 2013, an unqualified teacher pay range has replaced the previous 6-point scale, with the minimum and maximum equal to the lowest and highest points of that scale. Governing bodies can determine the salary they pay the unqualified teacher and the number and value of pay scale points within the pay range. Governing bodies may determine the starting point for newly appointed unqualified teachers by reference to any experience they deem to be relevant. Pay progression is based on the same system for the Main and Upper Pay Range. Teachers’ pay entitlements on the unqualified teachers scale are permanent, whether they remain in the same posts or take up new posts. As indicated earlier, provisions concerning the longstanding right to ‘portability’ of existing pay rights have, however, been removed and teachers, if they move school or took a break, are no longer automatically entitled to be paid on at least the same pay point as before. Governing bodies have a discretionary power to pay unqualified teachers on an employmentbased route to QTS as qualified teachers or on the unqualified teachers’ range. The NUT supports payment of such teachers as qualified teachers. All other unqualified teachers must be paid on the unqualified teachers range. Unqualified teachers are not eligible for TLR payments or SEN allowances but can be allocated additional responsibility allowances at the governing body’s discretion. They can be allocated recruitment and retention allowances and payments for involvement in CPD, ITE and out of hours learning activity. An unqualified teacher becoming qualified must be paid at least on the next point on the Main Pay Range above the sum of that teacher’s unqualified pay including any allowance paid. 8.2 QUALIFIED TEACHER LEARNING AND SKILLS STATUS TEACHERS From 1 April 2012, teachers from further education with Qualified Teacher Learning and Skills (QTLS) status are recognised as qualified teachers in schools without the need to apply to the Teaching Agency for qualified teacher status (QTS). From the same date, qualified teachers from the USA, Canada, Australia and New Zealand will be able to apply for QTS without first undertaking the Overseas Trained Teacher Programme (OTTP or some other route to QTS). Both QTLS holders and qualifying OTTs are entitled to the same pay and conditions as UK qualified school teachers. This means that in maintained schools, the STPCD provisions for qualified teachers will apply to them (academies and non-maintained schools must apply the same pay structure and conditions to all qualified teachers to avoid discrimination). SECTION 9: PAY IN LONDON AND THE FRINGE AREA There are separate and higher pay scales for the Inner London, Outer London and Fringe areas in place of separate additional area allowances. The Inner London area comprises Barking & Dagenham; Brent; Camden; City of London; Ealing; Greenwich; Hackney; Hammersmith & Fulham; Haringey; Islington; Kensington & Chelsea; Lambeth; Lewisham; Merton; Newham; Southwark; Tower Hamlets; Wandsworth; and SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 12 Westminster. The Inner London differential varies from approximately £4,900 to £5,400 on Main Scale to over £8,000 on Upper Scale. The Outer London area comprises all the other London authorities excluding those above. The Outer London differential varies from approximately £3,500-£3,700. The Fringe Area comprises the following areas: Bracknell Forest, Slough, Windsor & Maidenhead in Berkshire; South Bucks and Chiltern in Buckinghamshire; Basildon, Brentwood, Epping Forest, Harlow and Thurrock in Essex; Broxbourne, Dacorum, East Herts, Hertsmere, St Albans, Three Rivers, Watford and Welwyn Hatfield in Hertfordshire; Dartford and Sevenoaks in Kent; the whole of Surrey; and Crawley in West Sussex. The Fringe Area differential is just over £1,000. SECTION 10: PAY APPEALS The STPCD requires that the governing body should establish, as part of the school’s pay policy, procedures to deal with teachers’ grievances in relation to their pay. DfE advice to schools covers the issue of managing pay appeals in more detail including a model appeals procedure. Procedures for appeals against pay decisions established by schools must meet the requirements of employment law. SECTION 11: PAY SAFEGUARDING Detailed NUT advice on pay safeguarding is available on the NUT website at www.teachers.org.uk/pay The STPCD contains provisions for teachers to receive “pay safeguarding” where they suffer pay losses in a range of different circumstances, including where they have lost their previous posts as a result of closure or amalgamation of their previous school or as a result of internal reorganisation in their school. Safeguarding arrangements now operate on the basis of a maximum period of three years’ pay protection. The exception is for safeguarding in place before 1 January 2006 which continues as a permanent entitlement. Safeguarding may in some circumstances end earlier than the three year period and teachers entitled to safeguarding in excess of £500 may be required to undertake additional responsibilities “commensurate with the safeguarded sum” during the period of safeguarding. The separate NUT guidance on safeguarding gives advice on the various different categories of pay safeguarding, explains them in detail and gives examples to illustrate how safeguarding works in practice. NUT Advice, Policy and Campaigns Dept. Pay, Conditions & Bargaining Section September 2014 SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 13 APPENDIX ONE MODEL REMIT FOR GOVERNING BODY PAY COMMITTEE The Pay Committee will comprise at least three governors. All governors, including those employed at the school, will be eligible for membership of the Pay Committee and will be eligible to take part in any discussions relating to pay policy (but not decisions on the pay of individuals) provided that their interest is no greater than that of the generality of employees at the school. Establishment of the Policy The Pay Committee is responsible for: establishing the policy, in consultation with the head teacher, staff and trade union representatives, and submitting it to the governing body for approval. The Governing Body is responsible for: formal approval of the policy. Monitoring and Review of the Policy The Pay Committee is responsible for: considering an annual report, including statistical information, on decisions taken in accordance with the terms of the policy; reviewing the policy annually, in consultation with the head teacher, staff and trade union representatives; and submitting it to the governing body for approval. Application of the Policy The head teacher is responsible for: ensuring that pay recommendations for the deputy and assistant head teacher(s), classroom teachers and support staff are made and submitted to the Pay Committee in accordance with the terms of the policy; advising the Pay Committee on its decisions; and ensuring that staff are informed of the outcome of decisions of the Pay Committee and of the right of appeal. The Pay Committee is responsible for: taking decisions regarding the pay of the deputy and assistant head teacher(s), classroom teachers and support staff following consideration of the recommendations of pay reviewers and the advice of the head teacher; taking decisions regarding the pay of the head teacher following consideration of the recommendations of the governors responsible for the head teacher’s performance review; submitting reports of these decisions to the governing body; and ensuring that the head teacher is informed of the outcome of the decision of the Pay Committee and of the right of appeal. The Appeals Committee of the governing body is responsible for: taking decisions on appeals against the decisions of the Pay Committee in accordance with the terms of the appeals procedure of the policy SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2014/15 14 APPENDIX TWO DISCRETIONARY REFERENCE POINTS MAIN PAY RANGE DISCRETIONARY REFERENCE POINTS Minimum Maximum England & Wales Inner London Outer London Fringe Area 22,023 23,764 25,675 27,650 29,829 32,187 27,543 28,980 30,490 32,079 34,547 37,119 25,623 27,211 28,896 30,685 33,287 35,823 23,082 24,821 26,731 28,713 30,887 33,244 UPPER PAY RANGE DISCRETIONARY REFERENCE POINTS Minimum Maximum England & Wales Inner London Outer London Fringe Area 34,869 36,161 37,496 42,332 44,412 45,905 38,355 39,775 41,247 35,927 37,217 38,555