Leadership Conference Changes to Teachers Pay 2013 Thursday 6 th June 2013

Pay Policy Workshop Thursday 6 th June 2013 Mark Nelson, Andy Merryweather & Hans Formella

Quiz on Current Pay Arrangements Q1. How many points are currently allowed on the following teacher pay ranges? Headteacher = points Deputy Headteacher= points Assistant Headteacher= points Advanced Skills Teacher= points Excellent Teacher = points UPS Teacher= points Mainscale Teacher= points Unqualified Teacher= points Newly Qualified Teacher= points Q 2 Progression from the mainscale to upper pay scale is automatic True or False? Q 3 The GB can agree to pay the Headteacher up to 2 group sizes higher than the size of their school True or False? Q 4 How are all teachers notified of their current pay and the way in which it is calculated?

Quiz on Current Pay Arrangements Q 5 If a teacher moves from a school rated as outstanding by Ofsted to a school rated as requiring improvement by Ofsted, they can be expected to temporarily forfeit their UPS grade (until the school moves up a category) True or False? Q 6 A copy of your current staffing structure should be attached/appended to your pay policy True or False? Q 7 If a GB decides to pay a discretionary payment to a Headteacher, the payment must be temporary and no more than 20% higher than their point on the leadership pay range True or false ? Q 8 A teacher on the main scale can be awarded an additional point for excellent performance True or False ? Q 9 Your pay policy should be reviewed every two years True or False? Q 10 Once you have reviewed your new policy and it has been adopted by the GB, you shoud make it available to staff and their representatives True or False?

What Elements of Pay are Changing? No automatic pay increases on the pay scale - (eg based on length of service) Pay progression linked to performance Removal of mandatory pay points - keep minimum and maximums for points of reference Therefore schools can establish their own pay ranges or retain the existing Flexibility to pay teachers at different rates of increase based on their performance Removal of the obligation on schools to match a teachers previous salary Replacing the current threshold assessment for progression from the main to the upper pay scale, with criteria based on the teachers standards and the achievement and contribution of the teacher teacher

What Elements of Pay are Changing? Removal of the Advanced Skills and Excellent teacher designations and the creation of a new pay range for leading practitioners The creation of fixed term TLRs to allow pay increases for time limited projects Link to inspection - Not a pay change but key for schools to know that inspectors will be looking for the link between salary progression and school performance The removal of the three year time limit on recruitment and retention allowances For September 2013, salary progression and assessment for that progression will be based on current arrangements, from September 2014 salary progression and assessment for that progression will be based on the new arrangements

Pay Policy – What Sections Should it Contain SECTIONPURPOSECOMMENTS Introduction Sets out the purpose of the document, when it was adopted, who was consulted and the schools aims in handling pay decisions Pay Decisions Sets out who is responsible for making decisions on pay and how the decision will be communicated to staff GBs will need to agree what decisions are delegated to a committee or the Head Pay RangesSets out what pay ranges will apply at the school This could be a separate section of contained within sections on different groups of staff Leadership Pay Sets out who will make decisions on leadership pay and the criteria that will be used to determine progression Criteria for progression will be transparent and will have been notified to the employee at the start of the performance management cycle Pay Reviews Sets out who how teachers will be notified of their pay on an annual basis and the basis on which the pay is calculated Will confirm arrangements for any safeguarded sum if applicable

Pay Policy – What Sections Should it Contain SECTIONPURPOSECOMMENTS Determining Pay on Appointment Sets out how the salary for any vacancy is determined and what factors will be considered in determining the salary offered to the successful candidate Do not have to match a teachers previous salary Pay Progression Based on Performance Sets out how decisions on pay progression for all teachers (other than those on the leadership group) will be made and the criteria that will be used to determine progression Criteria for progression will be transparent and will have been notified to the employee at the start of the performance management cycle Movement to the Upper Pay Range Sets out how an application for progression to the upper pay scale can be made and the criteria that will be used to determine progression Criteria for progression will be transparent and will have been known to the employee at the start of the performance management cycle Allowances and Additional Payments Sets out the circumstances under which an allowance or additional payment will be made and the criteria that will be used to determine whether the payment will be made Will confirm the timescale for the allowance or additional payment if fixed term and the circumstances under which the payment would cease Safeguarding Arrangements Sets out the circumstances under which a salary will be safeguarded Will confirm the timescale for safeguarding along with any conditions that apply (eg circumstances that would lead to the cessation of the safeguarded sum)

Pay Policy – What Sections Should it Contain SECTIONPURPOSECOMMENTS Part Time Teachers Sets out the basis on which the salary of part time teachers will be assessed. Will need to ensure this conforms with statutory obligations for part time workers Short Notice/Supply Teachers Sets out the basis on which the salary of a short notice/supply teacher will be assessed Will need to conform with any statutory obligations for short notice or casual workers Pay Increases from changes to the School Teachers Pay and Conditions Document Sets out that the school will comply with the statutory provisions of the school teachers pay and conditions document as amended from time to time This could be for example an annual pay award, normally a fixed percentage Grievances and Appeals Sets out how teachers can make representations about a pay decision and how they can appeal if they are not satisfied with the initial response The GB will need to have a committee to deal with appeals Monitoring the Policy Sets out how the school will monitor the impact of their pay policy across specific groups of teachers to assist the school to comply with equalities legislation If any particular group are identified as faring less favourably under the application of the policy, the GB should assess whether this can be explained through objective means or whether a review of the policy or any of its component parts is necessary

The NAHT Model Pay Policy Performance related pay determinations for existing teachers effective from will be in line with the STPCD Members will need to cross reference to the STPCD Once pay determinations have been taken in relation to the bullet point above, any further pay determinations must be made in accordance with paragraphs of section 2, STPCD In terms of the main pay range, schools are able to use “reference points” (see DfE advice) when making pay determination effective from 1 September NAHT recommends that schools do use reference points. The reference points are effectively M1 to M6 on the current pay ranges (2012/13) although the values of the points may change as a result of the inflationary pay increase. Although there will only be a minimum and maximum on the Upper Pay Range immediately following the pay determination effective from 1 September 2013 (see second bullet point above), there is nothing to stop a school from establishing a mid-point within that range if they so wish

The NAHT Model Pay Policy Upper Pay Range… Round 13 threshold (England only): where a teacher reached M6 on 1 September 2012 and applies before 31 October 2013, the application will be dealt with in accordance with paragraph 17.4 of section 2 of STPCD If a teacher is successful, they should be placed on the minimum of the Upper Pay Range (formerly UPS). Threshold rounds, as such, cease with Round 13. Instead, any qualified teacher, with effect from 1 September 2013, can apply on an annual basis to move onto the Upper Pay Range (formerly UPS). If successful, the school has the discretion to place the teacher anywhere on the UPR. Any pay increase awarded to a teacher on the main pay range or upper pay range will be permanent only for as long as the teacher remains employed within the same school or, in the case of unattached teachers, for as long as the teacher remains employed by the same LA. However, for those teachers who are deemed to be “post threshold teachers”, the relevant body has the discretion to pay them on the Upper Pay Range Advanced Skills Teacher and Excellent Teacher posts cease to exist with effect from 31 August 2013 (see separate NAHT guidance).

The NAHT Model Pay Policy Leading practitioner role: Schools have the ability to create a ‘leading practitioner’ role. Leadership pay: no changes so far. However, the Secretary of State has issued a remit to the Secretary of State on the leadership group, non-pay conditions of service (eg working time, PPA), allowances (eg TLRs), other pay flexibilities and salary safeguarding. TLRs: the STPCD 2013 introduces fixed term TLRs (“TLR3”) for time-limited school improvement projects or one-off externally driven responsibilities. Further guidance has been issued. Recruitment and retention incentive benefits6: The three-year limit on these awards has been removed. However, the relevant body is required to conduct a regular formal review of all such awards; in addition, the relevant body must make clear the expected duration of any such benefit, and the review date after which it may be withdrawn.

The NAHT Model Pay Policy The head teacher will: develop clear arrangements for linking appraisal to pay progression and consult with staff and school union representatives on the appraisal and pay policies. The joint agreement on an Appraisal Policy is in place and may need to be reviewed Differentials Appropriate differentials will be created and maintained between posts within the school, recognising accountability and job weight, and the governing body’s need to recruit, retain and motivate sufficient employees of the required quality at all levels. The NAHT no longer provides guidelines for pay differentials e.g. HT – DH – AST – highest pay of a class teacher.

The NAHT Model Pay Policy Head Teacher Pay Pay on appointment For appointments on or after 1 September 2013, the governing body will determine the pay range to be advertised and agree pay on appointment, taking account of the full role of the head teacher Serving head teachers The governing body will determine the salary of a serving head teacher in accordance with paragraph 6 of the Document. the pay committee will review the head teacher’s pay in accordance with paragraph 6.2(b) of the Document and award up to two performance points where there has been a sustained high quality of performance having regard to the results of the most recent appraisal carried out in accordance with the Appraisal Regulations 2012 and any recommendation on pay progression in the head teacher’s most recent appraisal report.

The NAHT Model Pay Policy Classroom Teachers Pay on appointment The governing body will determine the starting salary of a vacant classroom teacher post on the main pay range or upper pay range, such as the governing body determines, having regard to: the requirements of the post; any specialist knowledge required for the post; the experience required to undertake the specific duties of the post; the wider school context. Pay determinations for existing mainscale teachers, effective from 1 September 2013 The governing body will follow the provisions of the Document 2012 and award a point on the mainscale pay range where applicable under the provisions of that document

The NAHT Model Pay Policy Pay determinations for existing main pay range teachers, effective from 1 September 2014 The pay committee will use reference points. Therefore the pay scale for main pay range teachers in this school is: The school will determine those reference points e.g. 6 points or less for MPG teachers. Judgments will be properly rooted in evidence. Applications to be Paid on the Upper Pay Range From 1 September 2013, any qualified teacher can apply to be paid on the Upper Pay Range. Pay determinations effective from 1 September 2014 The pay committee will determine whether there should be any movement on the Upper Pay Range

The NAHT Model Pay Policy Assessment: In order for the assessment to be robust and transparent, it will be an evidence-based process only. The teacher will be required to meet the criteria set out in paragraph 17 of the Document, namely that: the teacher is highly competent in all elements of the relevant standards; and the teacher’s achievements and contribution to the school are substantial and sustained. These “categories” may need further qualification for individual schools. Teaching and Learning Responsibility Payments The pay committee may award a TLR3 of between £500 to £2500 for clearly time-limited school improvement projects, or one-off externally driven responsibilities as set out in paragraph 25.1

The Class Teacher Trade Union View NASUWT & NUT have produced a checklist for representatives and members TU’s have written to employers to confirm that the issue has been added to the list of issues in their action short of strike action TU’s have stated that members will not co-operate with any imposed policy that does not meet the requirements of the checklist This challenged by Sec of State and in turn Union solicitors have challenged Sec of State NASUWT/NUT have produced a Model Pay Policy Any questions about TU Involvement?

The Role of Governors GBs will be required to approve the new Pay Policy – and any new appraisal policy that is drafted at their school GBs will be required to agree the criteria for pay progression GBs will need to agree who will be responsible for taking pay decisions GBs will need to agree how appeals under the pay policy will be handled GBs will need to give regard to the budgetary implications of pay decisions GBs should establish a robust process for review of the policy and its impact on groups within the workforce Two workshops being run for governors, 27 th June ( pm) and 3 rd July (6-8pm)

Quiz on Future Pay Arrangements Q1. What is the maximum number of points you can have on the main pay scale for teachers? Q2. How many points should there be on the Headteachers ISR? Q3. Which member of staff should be designated to hear appeals against pay decisions? Q4. A Teacher can be awarded a new temporary TLR alongside an existing permanent TLR. True or False? Q5. It is for Headteachers to decide which teachers should apply for progression from the main pay scale to the upper pay scale. True or False ? Q6. Pay and Appraisal Policies must be reviewed by Sept 2014, so that the changes to teachers pay can be properly applied True or False? Q7. The Governing Body must make all decisions on pay True or False ?

Quiz on Future Pay Arrangements Q8. Who must be consulted on your new pay policy before it is adopted by the GB? Q9. What is the maximum period of safeguarding for safeguarded sums for TLRs 1,2 and 3 Q10. A teacher seeking appointment at your school can refuse to accept a contract which places them approx. £2500 less on the pay scale than they were paid at their previous school. True or False? Q11. You can award different pay progression to teaching staff only if they have different objectives True or False? Q12. Teachers cannot appeal a pay decision where it has been made clear to them what the criteria for pay progression will be True or False?

For further information contact Mark Nelson or Andy Merryweather in HR or Hans Formella in the NAHT