Nut Guidance on the Teachers Pay Structure for 2013/14

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SCHOOL TEACHERS’ PAY - NUT GUIDANCE FOR 2013/14

SCHOOL TEACHERS’ PAY

NUT GUIDANCE ON THE TEACHERS’ PAY STRUCTURE FOR 2013/14

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.

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 Government has confirmed its proposals to break up the national pay system for teachers by ending prescribed pay scale points, extending PRP to all pay scales and implementing school-based pay determination. The proposals threaten much greater inequality and discrimination in teachers’ pay, with pay progression decisions taken on the basis of factors outside teachers' control, such as the school's funding position or simply whether or not a teacher’s face fits.

Governing bodies have been asked to revise their school pay policies and appraisal policies linked to pay. The NUT is working to ensure that, at school level, governing bodies do not implement policies which threaten teachers’ existing pay entitlements.

For September 2013, decisions on pay progression and on starting pay for new appointees must be taken according to the longstanding pay provisions and progression criteria set out in the 2012 STPCD. The first decisions on pay progression under the new provisions of the 2013 STPCD will be taken for September 2014, based on appraisals at the end of the 2013-14 cycle.

Michael Gove’s attack on teachers’ pay is the reason why the NUT, along with the NASUWT, are jointly engaged in industrial action 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.

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. 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 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 2013 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. The STPCD statutory guidance advises that all decisions should be taken by 31 October at latest.

The various statutory provisions on pay for classroom teachers, leadership teachers etc are considered in the remainder of this NUT guidance.

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. From 1 September 2013, there will be no more mandatory fixed pay points, just minimum and maximum values for the Main and Upper Pay Ranges. Governing bodies will be responsible for determining scale points and progression criteria.

2.1 MAIN PAY RANGE

From September 2013, a Main Pay Range replaces 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 will be 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. The DfE has published discretionary reference points in Annex 5 of the 2013 STPCD updating the previous 6-point Main Scale with the 2013 pay increase which the NUT wishes schools to adopt.

The longstanding right to ‘portability’ of existing pay rights has also ended. In future, if teachers move school or take a break, teachers would no longer automatically be entitled to be paid on at least the same pay point as before. Schools will have the discretion to pay teachers at any specified pay point.

Provisions on how points should be awarded for teaching and non-teaching experience have been removed. Classroom teachers on the Main Pay Range had been entitled to one experience point for each year of employment as a teacher in a maintained school in England & Wales.

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.

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

Detailed NUT guidance on Upper Pay Range progression for September 2013 is available on the NUT website at www.teachers.org.uk

From 1 September 2013, an Upper Pay Range replaces the former 3-point Upper Pay Scale. Only minimum and maximum values (equal to previous points U1 and U3) are specified. There will no longer be mandatory points and schools will be able to add more points in between if they choose.

The NUT believes schools should retain a 3-point Upper Pay Range. The DfE has published discretionary reference points in Annex 5 of the 2013 STPCD updating the previous 3-point Upper Pay Scale with the 2013 pay increase which the NUT wishes schools to adopt.

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.

2.3 PAY PROGRESSION

Detailed NUT guidance on pay progression for September 2013 is available on the NUT website at www.teachers.org.uk

Pay Progression in September 2013

The 2013 STPCD sets out statutory requirements relating to pay progression for September 2013 in a ‘box’ on page 20 Section 2 Part 3 of the 2013 STPCD which states inter alia the following:

(i)  The following teachers will be subject to salary progression in September 2013 in

accordance with the provisions of the 2012 Document:

·  Qualified teachers on the main pay scale;

·  Qualified teachers on the upper pay scale;

·  Qualified teachers who were employed as ASTs and/or ETs on 31 August 2013; or

·  Unqualified teachers on the unqualified pay scale.

It goes on to state, at (vi) “Once salary determinations for the September 2013 pay award have been made, paragraphs 15-22 below come into effect and all references to pay increases and pay ranges in this Document shall be read accordingly.”

The 2013 STPCD makes it clear, therefore, that the new pay ranges will take effect in relation to salary determinations from 1 September 2014 and that in the meantime pay decisions including those relating to pay progression must be taken in accordance with the 2012 STPCD.

Pay progression in September 2013 should therefore be based on the existing criteria - including on the Main Scale - and that teachers should get the same incremental pay increase they would get under the existing scales. Schools will in practice have to use the Main and Upper Pay Range “reference points” set out in Annex 5 on page 73 of the 2013 STPCD for pay progression determinations for September 2013. Teachers therefore have a legitimate expectation that they should still get the pay increases they have been working towards this year.

The DfE also says that the current round of threshold applications will run its course, so that teachers on M6 in the academic year 2012-13 can still apply for threshold assessment by 31 October 2013 in accordance with the criteria set out in the 2012 STPCD (see below).

Pay Progression from September 2014

Progression on the Main Pay Range and Upper Pay Range will from September 2014 be based on the same system. 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 performance 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. 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 states that continued good performance should give a classroom teacher “an expectation of progression to the top of their respective pay range” (para 22.2 (e), Part 3, 2013 STPCD).

It also states that increases must be differentiated and clearly attributable to the performance of the individual teacher (para 22.2(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.

There is no requirement 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.

2.4 PERFORMANCE THRESHOLD ASSESSMENT

Detailed NUT guidance on performance threshold assessment and on completing applications (including for those applying under the 2012 STPCD provisions prior to 31 October 2013) 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.

The threshold assessment process operated on the basis of annual application “rounds” which determine the dates by which applications must be made and assessed and the dates on which successful teachers progress to the Upper Pay Scale. Round 13 ends on 31 October 2013, and the STPCD continues to provide that teachers who apply before that date may be assessed according to the provisions in the 2012 STPCD (see separate NUT guidance).

For other applications made under the 2013 STPCD, paragraph 18.2 of the 2013 STPCD provides that for an application to be successful, a teacher must demonstrate that he/she 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.

Head teachers are required to consider applications against the statutory standards set out in the STPCD and by reference to outcomes of a teacher’s most recent appraisal report or planning and review statement.[1] Where an application is approved, the teacher is generally entitled to be paid on the Upper Pay Range with effect from the following 1 September. Unsuccessful applicants are entitled to appeal using the school’s pay appeal procedures.

Applications for threshold assessment continue to be voluntary. The assessment is carried out by reference to national Teachers’ Standards and the outcomes of performance management reviews. Teachers do not have to undertake any additional responsibilities in order to show they meet assessment standards or objectives.

Many eligible teachers do not apply despite the fact that the success rate remains above 90 per cent. The NUT encourages all eligible teachers to apply for threshold assessment.

2.5 TEACHING AND LEARNING RESPONSIBILITY (TLR) PAYMENTS[2]

Detailed NUT guidance on TLR payments is available on the NUT website at www.teachers.org.uk