Pay Safeguarding for Teachers

Pay Safeguarding for Teachers

PAY SAFEGUARDING FOR TEACHERS

NUT GUIDANCE

This document gives guidance on the various provisions for pay safeguarding for teachers set out in the School Teachers’ Pay and Conditions Document (STPCD). It explains the different provisions in detail and gives NUT guidance and examples to illustrate how safeguarding works in practice.

  • Introduction
  • Categories of safeguarding
  • Purpose of safeguarding
  • New principles for safeguarding in force from 1 January 2006
  • Provisions applying to all categories of safeguarding
  • Circumstances in which safeguarding can end
  • Additional duties for teachers in receipt of safeguarding
  • Teachers with more than one safeguarded sum
  • General safeguarding

General safeguarding where in place before 1 January 2006

  • General safeguarding where coming into effect on or after 1 January 2006
  • Safeguarding of management allowances and TLRs
  • Safeguarding of management allowances
  • Safeguarding of TLRs
  • Other Safeguarding
  • Safeguarding for leadership group teachers and ASTs
  • Safeguarding for post-threshold teachers previously on UPS4 or UPS5
  • Assimilation safeguarding
  • Safeguarding of Inner London Supplement (ILS) & Social Priority Allowance (SPA)
  • Safeguarding for teachers on fixed term contracts

More detailed NUT advice on safeguarding of management allowances following the introduction of TLR payments and on the conduct of school staffing reviews is available separately on .

PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY 20061

INTRODUCTION

Categories of Safeguarding

  1. Safeguarding is available under the STPCD to protect teachers against loss of pay in the circumstances set out below.
  • Provisions on “general safeguarding”, which apply on a mandatory basis in cases of closure or reorganisation of schools and on a discretionary basis in other circumstances, protect teachers who have lost their previous posts but continue to be employed by the same authority in other posts.
  • Provisions on safeguarding for management allowances and TLR payments protect teachers who would otherwise lose pay as a result of the replacement of management allowances by TLR payments or, in future, as a result of loss of TLR payments due to changes in schools’ staffing structures.
  • Separate safeguarding provisions protect teachers against loss of various other pay entitlements due to changes made to the teachers’ pay structure or decisions made in schools.

Purpose of Safeguarding

  1. The purpose of pay safeguarding is to prevent teachers suffering unexpected drops in pay through no fault of their own, following circumstances such as the closure or reorganisation of schools or reorganisation of the teachers’ pay structure.

New Principles for Safeguarding in Force from 1 January 2006

  1. The safeguarding system changed with effect from 1 January 2006 for all pay safeguarding coming into effect on or after that date. Safeguarding is now a temporary entitlement for a maximum of three years, based on a “cash safeguarding” system as explained below.
  1. Previously, teachers benefiting from “general safeguarding” were entitled to such safeguarding on a permanent basis. Other categories of safeguarding have applied on a temporary “mark time” or cash safeguarding basis.
  1. The NUT strongly opposed the Government’s decision to introduce a three year limit on all safeguarding and end the entitlement to permanent general safeguarding. The Government subsequently agreed that general safeguarding in place prior to 1 January 2006 should continue on a permanent basis. All new safeguarding arrangements coming into effect on or after 1 January 2006, including cases of general safeguarding, will be temporary rather than permanent in nature.
  1. The NUT is seeking changes to the Teachers Pension Scheme to protect teachers against loss of pensions entitlements due to reductions in pay at the end of safeguarding where this occurs prior to retirement. Advice on this issue for NUT members who believe they may be affected may be obtained from NUT regional offices in England or from NUT Cymru in Wales.

PROVISIONS APPLYING TO ALL CATEGORIES OF SAFEGUARDING

Cash Safeguarding

  1. Pay safeguarding is now based on “cash safeguarding”, protecting teachers’ pay entitlements at the time safeguarding takes effect. The system will safeguard identified amounts, “safeguarded sums”, which will not be increased or reduced in line with annual pay scale increases.

Three Year Limit on Safeguarding

  1. The system will protect teachers’ pay for a maximum of three years. Safeguarding will be removed in its entirety at the end of the three year period. It can be removed earlier where increases in teachers’ pay overtakes the value of the safeguarded amount or where other specified circumstances arise as set out in this briefing.
  1. The sole exception is for general safeguarding in place prior to 1 January 2006, which continues to have permanent effect. This is explained in the section on general safeguarding below. Other types of safeguarding in place prior to 1 January 2006 will, however, end after 3 years at most.
  1. The three year time limit on safeguarding for management allowances, on existing assimilation safeguarding and on existing safeguarding for Inner London Supplement and Social Priority Allowance payments commences on 1 January 2006 and runs to 31 December 2008. All safeguarding for these pay elements will end by 31 December 2008 at latest.
  1. The three year time limit for other safeguarding, including general safeguarding that came into effect on or after 1 January 2006 and safeguarding for TLR payments or leadership group/AST pay, depends on the date of the decisions affecting teachers’ pay[1].
  1. Teachers should be informed by the governing body of the nature of any safeguarding arrangements and the value of their safeguarded sums at the start of the three-year safeguarding period and in their annual pay statements.

Circumstances in which Safeguarding can End

  1. Safeguarding can end before the maximum three years in the circumstances set out below.
  • At the end of the period for which payments were originally made, for example, at the end of fixed-period management allowances.
  • Where teachers move to a higher point on the pay scale or higher level of allowance and the combined value of the new point and/or allowance is higher than the combined value of the old point and any safeguarding.[2]
  • Where teachers leave the school, unless general safeguarding applies.
  • Where teachers are moved to a different pay scale or spine, except threshold progression or in cases of general safeguarding/internal school reorganisation.
  • Where teachers “unreasonably” refuse to carry out additional duties that governing bodies[3] “reasonably” consider appropriate and commensurate with the safeguarded sum, as set out below.
  1. Safeguarding does not end where there is a change in teachers’ working hours. Part-time teachers must be paid safeguarding on a pro rata basis.

Additional Duties for Teachers in Receipt of Safeguarding

  1. Where teachers receive safeguarding worth more than £500, governing bodies must review teachers’ assigned duties and allocate such additional duties as they “reasonably” consider appropriate and commensurate with the safeguarded sum.
  1. This requirement applies with effect from 1 January 2006. It applies to all safeguarding arrangements, including those for teachers with “permanent” general safeguarding in place prior to 1 January 2006 who could not previously be required to undertake additional duties in return for safeguarding. It is a new provision, which did not exist under any safeguarding arrangements in place prior to1 January 2006.
  1. Where teachers unreasonably refuse to carry out additional duties determined in this way, governing bodies can decide that the payment of the safeguarded sums should end. In such cases, teachers must be notified in writing of decisions to cease payments of the safeguarded sums at least a month before the payments end. Such decisions are subject to appeal in the usual way.
  1. The requirement applies even if teachers are continuing to carry out the full responsibilities of the posts for which they are in receipt of pay safeguarding.
Effect on Safeguarding of Temporary TLR Payments
  1. Teachers’ safeguarding entitlements will be affected where they agree to take on temporarily the duties of other posts and receive temporary TLR payments for such work.
  1. Teachers’ entitlement to safeguarded sums ends where temporary TLR payments are higher than those safeguarded sums. Their safeguarded sums will be reduced where temporary TLR payments are lower than those safeguarded sums. These changes will have a permanent effect on safeguarding. The former values of safeguarded sums are not restored when temporary TLR payments end. In many case, teachers may find that they would suffer financial losses by accepting temporary TLR payments.
  1. The NUT therefore advises teachers who are offered temporary promotions not to accept temporary TLR payments. Instead they should seek recruitment/retention payments to the same value as those TLR payments for the duration of the appointment. Where such payments are not made, teachers should consider carefully before accepting temporary promotions which would lead to financial losses.
  1. Teachers in receipt of safeguarding worth more than £500 may of course be required to carry out additional duties where these are “commensurate with the safeguarded sum”. Depending on the value of the safeguarded sum, therefore, such teachers may be required to undertake all or some of the responsibilities of higher graded posts on a temporary basis without any TLR payments.

Teachers with more than One Safeguarded Sum

  1. Some teachers may receive a number of safeguarded sums where they have various elements of pay, each of which is safeguarded for a different reason. These can be removed one by one as their pay increases for other reasons.
  1. Governing bodies are required to keep a record of the separate sums, the latest dates on which they will end and any pay increases which could cause some or all of the safeguarded sums to be removed. Whenever teachers move up the Main or Upper Pay Scale or cross the threshold, governing bodies must consider whether their increases are greater than any of their safeguarded sums. Where the increases exceed some but not all of the safeguarded sums, the smaller or smallest should be ended first. The example below illustrates how this operates.

Example 1

On 31 August 2006, the teacher is on M6 and receiving safeguarding for a former MA2 payment, the Inner London Supplement and the Social Priority Allowance.

The payments have become safeguarded sums worth £3,312, £822 and £276 respectively.

With effect from 1 September 2006, the teacher moves through the threshold and is paid at UPS1. The 2.5 per cent pay award in September 2006, combined with incremental progression to UPS1, results in a total pay increase of £3,093 for this teacher.

This pay increase is greater than the lowest safeguarded sum of £276. That safeguarded sum is therefore removed. The remaining pay increase is greater than the second lowest safeguarded sum of £276. That safeguarded sum is therefore also removed.

The remaining pay increase is lower than the third and remaining safeguarded sum of £3,312. That safeguarded sum, therefore, continues to be paid.

GENERAL SAFEGUARDING

  1. “General safeguarding” applies on a mandatory basis to teachers who lose their posts as a result of closure, amalgamation or school reorganisation but who subsequently remain employed in other posts in the same local authority. Each local authority also has the discretion to apply general safeguarding to teachers who have lost their posts in circumstances other than closure, amalgamation or reorganisation but remain employed in the same authority.
  1. General safeguarding was introduced in 1967 as a result of an independent arbitration inquiry and, prior to 1 January 2006, provided full and permanent safeguarding of such teachers’ previous pay entitlements.
  1. Where teachers become subject to general safeguarding on or after 1 January 2006, the safeguarding will be cash safeguarding for three years as for other types of safeguarding. Teachers affected from now on by closure, reorganisation or amalgamation of schools will therefore face pay cuts after a maximum of three years. Permanent safeguarding will, however, continue for all cases of general safeguarding in place prior to 1 January 2006, as set out below.

General Safeguarding where in Place Before 1 January 2006

  1. Teachers subject to general safeguarding arrangements in place before 1 January 2006 continue to receive this safeguarding on a permanent basis and are not subject to three-year cash safeguarding.
  1. Teachers are treated for all pay purposes as if they continue to hold the posts previously held. They benefit from increases in any elements of safeguarded pay resulting from annual pay awards. It should be noted, however, that management allowances have not been increased since 2003 and will not be increased in future.
  1. Where teachers receive general safeguarding plus safeguarding for other pay elements, the separate safeguarding rules for those other pay elements will apply to them. For example, safeguarding received for the ILS/SPA or assimilation safeguarding, will end on 31 December 2008. Teachers in receipt of general safeguarding should be notified of details of safeguarded sums other than general safeguarding and the latest dates these will end.
  1. Where teachers are paid safeguarded management allowances as a result of general safeguarding arrangements in place before 1 January 2006, the safeguarded management allowances will be proportionately reduced or removed in line with the value of any TLR payments awarded to them in respect of their current posts.
  1. General safeguarding can end where:
  • teachers unreasonably refuse to accept alternative posts in the same local authority;
  • the pay in the substantive posts increases beyond the general safeguarded pay, excluding progression on the Main or Upper Pay Scales;
  • there is voluntary movement to a different pay spine, excluding threshold progression between the Main and Upper Pay Scales; or where
  • teachers’ employment ends, except in circumstances where general safeguarding would apply.
  1. Teachers receiving general safeguarding worth more than £500 are, again subject to the provisions requiring governing bodies to consider the allocation of additional duties. Unreasonable refusal to carry out such additional duties may lead to the loss of safeguarding.

General Safeguarding for Posts Taken up on or after 1 January 2006

  1. Teachers who lose their posts as a result of closure, amalgamations or school reorganisation and take up new posts in the same local authority on or after 1 January 2006 will receive the difference between their former and new pay safeguarded as a cash sum for a maximum of three years. These safeguarded sums will not be increased in line with annual pay awards. Other than this, the conditions set out above for general safeguarding in place before 1 January 2006 apply equally.

SAFEGUARDING OF MANAGEMENT ALLOWANCES AND TLRS

  1. Safeguarding provisions have been introduced to protect teachers who lose pay as a result of the introduction of TLR payments in place of MAs from 1 January 2006, or who lose pay as a result of subsequent changes to TLR payments. This safeguarding is in both cases on a three year cash safeguarding basis.

Safeguarding of Management Allowances (MAs)

  1. Schools have been required to determine new staffing and pay structures based on TLR payments by 31 December 2005, although they are permitted to implement these at any date between 1January 2006 and 31 December 2008.
  1. Management allowances have been abolished with effect from 1 January 2006. From 1 January 2006, teachers previously paid MAs now receive these payments as “safeguarded sums”.
  1. Schools have been required to notify all teachers previously paid MAs, by 31 January 2006, of the value of the “safeguarded sums” to which they are entitled from 1 January 2006. This will be the value of the previous MAs, less any TLR payments awarded from 1 January 2006.
  1. The payment of safeguarding ends on 31 December 2008 at the latest. Safeguarding can also end before 31 December 2008 where:

(a)teachers are awarded TLRs which are the same as or higher than the safeguarded sums; or

(b)teachers are placed on a higher point on the Main or Upper Pay Scales, including threshold progression from the Main to the Upper Pay Scale, and the total increase due to movement on the Main or Upper Pay Scales, including that due to any increase in the value of scale points, equals or exceeds the “safeguarded sums”; or

(c)teachers cease to be classroom teachers, including moving to Leadership Group or AST posts; or

(d)teachers’ employment at their schools ends other than in circumstances where general safeguarding applies.

  1. Teachers in receipt of safeguarding worth more than £500 are, again, subject to the provisions requiring governing bodies to consider the allocation of additional duties. Unreasonable refusal to carry out such duties may lead to the loss of safeguarding.
  1. In addition, it should be noted that MAs which were awarded for fixed periods only are safeguarded only to the end of the fixed periods set.
  1. The provisions in (a) above mean that, where teachers are awarded TLRs at any point after 1 January 2006, including as a result of delayed implementation of the school’s new pay structure, this will immediately affect their safeguarded sums. If their TLRs are lower in value than their safeguarded sums, the safeguarded sums are reduced appropriately. If their TLRs are equal to or greater in value than their safeguarded sums, safeguarding will end immediately.
  1. The provisions in (b) above mean that pay increases received by teachers can cause safeguarding to cease before the end of the three-year period. For this to occur, however, part of their pay increases must be due to incremental progression on the Main Scale or Upper Pay Scale. Teachers cannot lose safeguarding as a result of pay increases due only to the annual teachers’ pay award.
  1. Example 2 illustrates how teachers may lose safeguarded MA payments in September 2006 as a result of pay increases due to incremental progression.

Example 2

On 31 December 2005, the teacher is on M6 and receiving MA1, worth £1638.

From 1 January 2006, the teacher does not receive a TLR. The MA1 of £1638 becomes a safeguarded sum.

With effect from 1 September 2006, the teacher moves through the threshold and is paid at UPS1. A 2.5 per cent pay award in September 2006, combined with incremental progression to UPS1, results in a total pay increase of £3093 for the teacher.

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