GETTING TO GRIPS WITH TEACHERS’ PAY AND CONDITIONS LET’S KEEP IT SIMPLE!

BACKGROUND TO CHANGE In 2012 autumn statement, George Osborne announced plans to scrap the national salary scheme for teachers, an incremental pay-scale that: rewarded teachers for loyalty and long-service. To impose in its place, a system that gives individual head teachers power to set pay based on performance, representing a move towards deregulation of pay in the school system. The Chancellor and the Education Secretary Michael Gove are attempting to argue that the introduction of a performance-based pay scale will drive up teacher quality make teaching a more attractive career a more rewarding job empower" schools to “recruit the best teachers.”

A POLITICAL AND IDEOLOGICAL MOTIVATION A political view that teachers pay should be linked to performance It happens in other countries Its popular with the general public A belief that if pay can be linked to pupil outcomes standards will rise An attempt to end the idea of a national pay scale for teachers and clip the wings of unions An opportunity to bring ‘market forces’ into teachers pay e.g. supply and demand, regional differences etc. To give schools more freedom and flexibility

IDEOLOGY V EVIDENCE International Evidence The major international survey by the OECD found that performance-related pay was shown to lead to a decline in teaching standards in countries where it had been introduced. Teacher Morale? Teachers are already suffering from pay freezes, job losses and increases in pension contributions – they now may face pay cuts due to a policy based on ideology not evidence

ISSUES ONCE SCHOOLS SET THEIR OWN PAY SCALES Individual schools will have to defend their pay policy when decisions are challenged The diversity of individual policies adopted by schools will present greater opportunity for challenges, appeals and court action e.g. discrimination and equality Headteachers and governors will be at the front line ( the DfE will offer no support) Local pay scales will emerge – Setting school against school? – a ‘football style’ transfer market? Schools setting low pay scales will lose staff

THE SCHOOL TEACHERS’ PAY AND CONDITIONS DOCUMENT (STPCD) 2013 Revised pay progression arrangements come into force with effect from 1 September September 2013 will be the last time that annual pay increments are awarded to teachers based on the length of their service. Every year after that, decisions about teachers’ pay progression will be linked to performance, The first annual performance-related progression pay increases being made in September 2014.

TIME LINE SUMMER TERM 2013 Revise the school pay policy to take account of the Teachers’ Pay and Conditions Document 2013 Agree the new policy for performance related pay to take effect from Sept 2014 Clarify the new policy for the staff Governing Body must agree the new Performance Related Pay Policy and review their appraisal policy to ensure that they ‘dovetail’ Establish a Pay Committee to be responsible for the establishment and review of the pay policy, subject to the approval of the Governing Body, and shall have full authority to take pay decisions on behalf of the Governing Body in accordance with the policy AUTUMN 2013 Pay increments are linked to length of service SPRING / SUMMER 2014 School builds up secure evidence through appraisal and performance review, to be used in awarding pay for performance ready for autumn 2014 SEPTEMBER 2014 Teachers to be given increases (or not!) according to performance

TEACHERS’ PAY LEVELS 2013/14 Teachers in maintained schools in England and Wales The DfE sets statutory minimum and maximum salary levels nationally – schools must work within these. On the next slides are the current pay scales for teachers in maintained schools in England and Wales, including lead practitioner, and TLR and SEN allowances, and ‘recommended’ pay levels for 2013/14. Column A sets out the pay scales incorporating the 1% award, which should be used for pay determination for existing teachers in September 2013, including progression based on appraisal in 2012/13. Column B sets out the new pay framework for classroom teachers (also incorporating the 1% award) for use in new appointments and in any subsequent pay decisions (for all teachers) in 2013/14. Column C indicates the minimum and maximum schools must work within

MAIN PAY SCALE 2013/14 September 2012 Column AColumn B M1£21,588£21,804 Minimum £21,804 M2£23,295£23,528 M3£25,168£25,420 M4£27,104£27,376 M5£29,240£29,533 M6£31,552£31,868 Maximum £31,868

Upper pay scale 2013/2014 Scale point September 2012 Column AColumn B U1£34,181£34,523 Minimum £34,523 U2£35,447£35,802 U3£36,756£37,124 Maximum £37,124

THREE BANDS – AN OPTION? Band 1. pt1 – pt3 TEACHER (Main Scale) Band 2. pt4 – pt6 ACCOMPLISHED TEACHER (Main Scale) Band 3. pt7 – pt9 EXPERT TEACHER ( Upper Pay Range) Source DfE Culloden School If we follow this path – synonym options might include: MASTER TEACHER CONSULTANT TEACHER OUTSTANDING TEACHER EXCEPTIONAL TEACHER PRINCIPAL TEACHER

Lead practitioner - England and Wales* September 2012Column AColumn B Minimum1. £37,461£37,836 Minimum £37,836 Maximum5. £56,950£57,520 Maximum £57,520

THE PAY RANGE FOR LEADING PRACTITIONERS FROM 1 SEPTEMBER 2013 This paragraph applies to qualified teachers who are employed in posts that the relevant body has determined have the primary purpose of modelling and leading improvement of teaching skills. For any such post, the relevant body shall determine in accordance with its pay policy an individual post range within the overall pay range in this paragraph. The relevant body may determine that different posts in the same school may be paid on different individual post ranges within the overall pay range. The relevant body shall determine where, within the individual post range for that particular post, each teacher covered by this paragraph shall be paid. The pay range for leading practitioners is:

Teaching and learning responsibility (TLR) payments TLR payment 3 (fixed term)* September 2012Column AColumn B Minimum£500£505Minimum £505 Maximum£2,500£2525Maximum £2525 TLR payment 2 September 2012Column AColumn B Minimum£2,535£2,561Minimum £2,561 Maximum£6,197£6,259Maximum £6,259 TLR payment 1 September 2012Column AColumn B Minimum£7,323£7,397Minimum £7,397 Maximum£12,393£12,517Maximum £12,517

Special educational needs (SEN) allowance September 2012Column AColumn B Minimum£2,001£2,022Minimum £2,022 Maximum£3,954£3,994Maximum £3,994

FLEXIBILITY Schools have the freedom to To establishment of pay points on those ranges which will be used by the school. To award progression increases as you judge appropriate in your particular circumstances. To decide that no progression point should be made if it is not justified,

SIX PRINCIPLES I.Increased flexibility for schools to develop pay policies that are tailored to their particular needs. II.Schools will need to revise their pay policies to reflect these changes and to clarify their approach to making pay decisions. III.It is up to each school to decide for itself how best to implement the changes and develop policies accordingly. IV.No single approach will suit all schools. V.School appraisal policies may also need to change to reflect closer links between performance and pay. VI.Schools are free to withhold progression pay without any requirement to initiate or consider capability proceedings.

SUMMARY OF CHANGES THE SEVEN MAIN CHANGES TO THE EXISTING SYSTEM ARE: 1.removing pay progression based on length of service 2.linking all pay progression to performance 3.giving schools the option of increasing individual teachers’ pay at different rates based on their performance 4.replacing the current threshold test for progression from the main to the upper pay range with new simpler criteria 5.discontinuing the current Advanced Skills Teacher (AST) and Excellent Teacher (ET) designations and creating a new pay range for leading practitioners whose primary purpose is to model and lead the improvement of teaching skills 6.giving schools more freedom to determine starting salaries of teachers new to the school 7.removing any obligation on schools when recruiting to match a teacher’s existing salary.

EXISTING STATUTORY REQUIREMENTS FOR SCHOOLS Since September 2004, the STPCD has required schools and local authorities (in relation to unattached teachers) to have a Pay Policy in place which sets out: the basis on which they determine teachers’ pay, procedures for determining appeals An Appraisal Policy which matches the STPCD 2013 Teachers have to meet the Teachers' Standards 2012

NEW STATUTORY REQUIREMENTS 2013 Schools must review their pay policies by August 2013 to: set out how appraisal outcomes are linked to pay decisions set out how all pay decisions will be made, with sufficient detail for an individual to understand the basis upon which pay decisions will be made in their particular school. make clear how pay will be determined when teachers are absent for any reason, for example on maternity or long-term sick leave.

ASSESSING PERFORMANCE In both England teachers’ performance is assessed against the Teachers’ Standards (2012) as well as against their objectives. Head teachers will need to set out what it is they will take into account in making judgements about whether teachers have met their objectives and the relevant standards. This might include: Meeting objectives Meeting the Teachers’ Standards impact on pupil progress impact on wider outcomes for pupils improvements in specific elements of practice, such as behaviour management or lesson planning impact on effectiveness of teachers or other staff wider contribution to the work of the school.

ASSESSMENT EVIDENCE Assessment may be based on evidence from a range of sources – for example, Appraisal and review of the objectives set for professional development and of the Teachers’ Standard self- assessment, peer review, tracking pupil progress, lesson observations, the views of pupils and parents.

ENFORCEMENT BY OFSTED The Ofsted School Inspection Handbook makes clear that there should be: a strong link between appraisal and salary progression this should be considered as part of the judgement on the quality of leadership and management of the school. The subsidiary guidance for inspectors says that - inspectors should look for information about patterns of progression through the different salary scale points and compare this with the overall quality of teaching to determine whether there is a correlation, and if there is none, to find out why.

WHAT INSPECTORS WILL ASK TO SEE When they inspect your school Ofsted will ask for anonymised information from the last three years, which shows the proportions of teachers who have: 1.progressed along the main pay scale 2.progressed to, and through, the upper pay scale 3.progressed along the leadership scale 4.received additional responsibility payments, such as Teaching and Learning Responsibility (TLR) payments and Special Educational Needs (SEN) allowances. 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. The Governing Body should be given this information and an opportunity to interrogate it as part of the annual process.

Roles and Responsibilities

HEADS’ ROLES AND RESPONSIBILITIES 1.Develop clear arrangements for linking appraisal to pay progression and propose changes to pay and appraisal policies, consulting staff and union representatives, as appropriate before the end of the summer term Submit policies to Governing Body for approval summer term Ensure all teachers are informed of the policies and that they, and teachers, have the knowledge and skills to apply procedures fairly. 4.Ensure teachers are appraised in accordance with the school’s appraisal policy and the relevant regulations. 5.Put pay recommendations to the Governing Body and ensure they have sufficient information upon which to make their decisions. 6.Maintain records of decisions and recommendations made, demonstrating that all decisions are made objectively and fairly, in compliance with equalities legislation. 7.Keep teachers informed about the process, recommendations made and decisions reached

GOVERNING BODIES RESPONSIBILITIES 1.Consider and adopt pay and appraisal policies, including the criteria for pay progression. 2.Agree the extent to which specific functions relating to pay determination and appeals processes will be delegated to others, such as the head teacher, a pay committee or others. 3.Assure themselves that appropriate arrangements for linking appraisal to pay are in place, can be applied consistently and that pay decisions can be objectively justified. 4.Approve teachers’ salaries, including recommendations from senior leadership team on whether to award performance pay in line with the school’s pay policy. 5.Monitor the outcome of pay decisions, including the extent to which different groups of teachers may progress at different rates and check processes operate fairly. 6.Identify and consider budgetary implications of pay decisions and consider these in the school’s spending plan.

TEACHERS’ RESPONSIBILITIES Have a responsibility to: 1.Participate in arrangements for their own appraisal in line with their school’s appraisal policy and ensure they understand the arrangements within their school. 2.Keep records of their objectives and review them throughout the appraisal process. 3.Some teachers will have responsibilities to appraise the performance of other teachers (delegated by the head teacher). 4.Decide whether they wish to apply for access to the upper pay range and provide the appropriate evidence.

Teacher’s Appraisal and Performance Related Pay

TEACHER APPRAISAL AND PERFORMANCE RELATED PAY The Pay Policy and Appraisal Policy should ‘dovetail’ 1. Appraisal Policy Schools must have an appraisal policy for teachers setting out how teachers’ objectives will be set, how their performance will be assessed and how any moderation will take place. This should take account of the Teachers’ Standards Setting Objectives School leaders must be clear about the type and levels of performance that might lead to pay progression School leaders must reflect this in setting individual objectives? Objectives must clearly identify success criteria. Teachers must know how you will you measure their performance You will need to have higher expectations of some teachers (for example those on higher pay ranges) The head teacher or other senior leaders must moderate objectives to ensure quality and consistency

CONTINUED 3. Observation and Assessment: The appraisal policy must be clear on how observation is managed within the school and on how much observation is likely to take place Head teachers must be clear about other evidence to be included(lesson plans; examples of marking) Schools must be clear that they will assess teachers’ performance against the relevant national standards

CONTINUED 4 Appraisal Reports Appraisal reports need to provide the evidence base to support pay recommendations 5. Consistency and Moderation How will senior leaders quality-assure judgements that lead to pay progression? Is any observation externally verified? By whom?

DFE ADVICE RE ADVANCED SKILLS TEACHERS (ASTS) OR EXCELLENT TEACHERS (ETS ) Schools employing ASTs/ETs will need to decide before 1 September 2013 how they will employ those teachers under the 2013 Document. If the school still has a job for the AST/ET as a classroom teacher the teacher must be placed on the Upper Pay Range. Safeguarding applies (see paragraph 42 STPCD ).Consider what additional duties you can give them (see paragraph of STPCD). OR If they have the skills and if the school has created Leading Practitioner Post(s) the teacher may be appointed without interview Safeguarding applies (see paragraph 42 of STPCD).

NQTS DfE Advice on determining the salary of Newly Qualified Teachers (NQTs) at the end of their induction period NQTs have no automatic entitlement to pay progression on completion of induction. The evidence from induction should inform decisions about their pay progression. The Governing Body can determine where within the pay range their annual salary will be fixed.

Putting a policy into place and……………. Keeping It Simple

POLICY FOR PAY AND PERFORMANCE REVIEW 1.It should be drawn up in consultation with the staff 2.Formally adopted by the Governing Body 3.Made known to the staff 4.Must be available on demand 5.Revised each year by the Governing body 6.It should be in place by the end of the summer term 2013

LETS KEEP IT SIMPLE Options 1 Start from scratch and write our own policy 2.Adopt one of the DfE examples 3.Adopt the LA policy 5.Adopt a policy from another school 4.Adopt a policy put forward by a teachers’ professional association e.g. NASUWT/NAHT 5.Adopt a policy put forward by a headteachers’ association

PROS AND CONS Writing your own performance related pay policy is challenging and the STPCD 2013 is complicated A water-tight policy will need specialist HR and Legal ( Employment Law) support – if you get it wrong a coach and horses may be driven through it The DfE has a ruthless interest in breaking union power and is content to put individual headteachers and governing bodies on the front line when it comes to appeals and legal challenge What is the ‘safest’ position for a school in this first year? ‘We don’t want to be a test case…… do we?’ Teachers’ professional associations have the relevant HR/Legal expertise and their duty is to protect teachers interests LAs have HR/Legal expertise and should get things right….?

WORST CASE SCENARIO If there are challenges about a policy, process or decisions: Where will the challenges come from? Teachers’ Unions Ofsted The DfE will be invisible in its support – they won’t be interested and take the line – ‘its your fault, you got it wrong’. If you buy HR support from the LA they will represent you in the ‘challenge process’ but they will prefer us to be using their model policy. If you use the NASUWT/NUT model policy – and we have followed due process they will find it difficult to attack. Ofsted will check to see that the policy and process is in place and that the school has secure evidence that teachers’ pay is related to performance This will be key to the judgements on Overall Effectiveness; Leadership, Management and Governance; Teaching and Achievement

PAY APPEALS PROCEDURE The Governing Body must ensure that appeals against pay decisions meet the requirements of the dispute resolution provisions of employment law The process must be consistent with the dispute resolution provisions of employment law and adopted by the school as the means by which appeals against pay decisions are considered. Teachers may seek a review of any determination in relation to their pay or any other decision taken by the Governing Body (or a committee or individual acting with delegated authority) that affects their pay.

APPEAL TO THE APPEALS COMMITTEE 1.Any appeal should be heard by a panel of three governors who were not involved in the original determination, normally within 20 working days of the receipt of the written appeal notification. 2.The teacher will be given the opportunity to make representations in person. 3.The decision of the appeal panel will be given in writing, and where the appeal is rejected will include a note of the evidence considered and the reasons for the decision. NB For any formal meeting the teacher is entitled to be accompanied by a colleague or union representativ e

APPEAL TO THE PAY COMMITTEE 1.The teacher receives written confirmation of the pay determination 2.If the teacher is not satisfied, he/she should seek to resolve this by discussing the matter informally with the decision-maker within ten working days of the decision. 3.Where the teacher continues to be dissatisfied, he/she may follow a formal appeal process. 4.The teacher should set down in writing the grounds for questioning the pay decision and send it to the person (or committee) who made the determination, within ten working days of the notification of the decision being appealed against or of the outcome of the discussion referred to above. 5.The committee or person who made the determination should provide a hearing, within ten working days of receipt of the written appeal, to consider the appeal and give the teacher an opportunity to make representations in person. Following the hearing the employee should be informed in writing of the decision and the right to appeal