INTERIM MODEL PAY POLICY FOR SCHOOLS AND PRUs: TEACHING STAFF

Transcription

1 Schools Personnel: get the chemistry right INTERIM MODEL PAY POLICY FOR SCHOOLS AND PRUs: TEACHING STAFF Interim Version 2 SEPTEMBER 2013 Interim Pay Policy for Schools PRUs September 2013 Interim v2 FINAL

2 M/p/Masters/ModelPyPolicy/doc

3 PAY POLICY FOR SCHOOLS: TEACHING STAFF 1. GENERAL ARRANGEMENTS CONTENTS Page 5 (a) (b) (c) (d) (e) INTRODUCTION AIMS OF THE POLICY EQUAL OPPORTUNITIES DECISION MAKING RESPONSIBILITIES AND TIMESCALES (i) (ii) (iii) Policy Decisions and Reviews Statutory Requirements for Timing of Pay Determination and Written Notification The Governing Body s Arrangements for Decision Making and Appeals COLLABORATION ARRANGEMENTS AND FEDERATIONS THE LEADERSHIP GROUP 11 (a) (b) STATUTORY PROVISIONS (i) Setting Pay Levels (ii) Salary Progression THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS (i) Headteacher (ii) Deputy and Assistant Head Teacher(s) QUALIFIED TEACHERS ON THE MAIN AND UPPER PAY RANGES 19 (a) STATUTORY PROVISIONS 19 (i) (ii) (iii) (iv) The Main Pay Range Determining Pay The Upper Pay Range Determining Pay Applications to be Paid on the Upper Pay Range Pay Progression Linked to Performance (b) THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS 22 (i) (ii) (iii) The Main Pay Range (inc. Pay Determinations for Existing Teacher from 1 st Sept. 2013, Pay Range Applicable after 1 st Sept. 2013, Pay on Appointment to the School, Appointments Based on the Governing Body s Discretionary Policy EXCEPTIONS, Annual Pay Progression from 1 st Sept onwards) The Upper Pay Range (inc. Pay Determinations for Existing Teacher from 1 st Sept. 2013, Pay Range Applicable after 1 st Sept. 2013, Pay on Appointment to the School, Appointments Based on the Governing Body s Discretionary Policy EXCEPTIONS, Annual Pay Progression from 1 st Sept onwards) Applications to be Paid on the Upper Pay Range

4 4. ADVANCED SKILLS TEACHERS AND EXCELLENT TEACHERS IN POST ON 31 ST AUGUST THE PAY RANGE FOR LEADING PRACTITIONERS 32 (a) (b) STATUTORY PROVISIONS (i) (ii) Determining Pay Pay Progression Linked to Performance THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS (inc. Pay Range Applicable September 2013 Onwards, Setting the Individual Post Range, Pay on Appointment, Annual Progression from 1 st Sept onwards) UNQUALIFIED TEACHERS (a) STATUTORY PROVISIONS (i) Determining Pay (ii) Pay Progression Linked to Performance (iii) Additional Allowance Payable to Unqualified Teachers (iv) Unqualified Teachers becoming Qualified (b) THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS (inc. Pay Determinations for Existing Unqualified Teachers from 1 st Sept. 2013, Pay Range Applicable After 1 st Sept. 2013, Pay on Appointment to the School, Appointments Based on the Governing Body s Discretionary Policy EXCEPTIONS, Unqualified Teachers becoming Qualified, Annual Pay Progression from 1 st Sept onwards) ADDITIONAL TEACHING AND LEARNING RESPONSIBILITY (TLR) PAYMENTS AND SEN ALLOWANCES 42 (b) (a) STATUTORY PROVISIONS (i) Teaching and Learning Responsibility (TLR) Payments TLR1 and TLR2 (ii) Teaching and Learning Responsibility (TLR) Payments TLR3 (iii) SEN Allowances THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS (i) Teaching and Learning Responsibility (TLR) Payments TLR1 and TLR2 (ii) Teaching and Learning Responsibility (TLR) Payments TLR3 (iii) SEN Allowances OTHER ALLOWANCES AND SALARY PROVISIONS (a) ACTING ALLOWANCES (b) RECRUITMENT AND RETENTION INCENTIVES AND BENEFITS (c) PAYMENT FOR CONTINUING PROFESSIONAL DEVELOPMENT OUTSIDE THE SCHOOL DAY

5 (d) PAYMENT FOR OUT OF SCHOOL HOURS LEARNING ACTIVITIES (e) INITIAL TEACHER TRAINING (ITT) ACTIVITIES (f) PAYMENTS FOR THE PROVISION OF EXTERNAL SERVICES 49 (g) CHARTERED LONDON TEACHER (CLT) STATUS (h) SALARY SAFEGUARDING (i) (j) SALARY SACRIFICE ARRANGEMENTS PARTICULAR SALARY AND WORKING TIME ARRANGEMENTS APPLICABLE TO TEACHERS EMPLOYED ON A PART-TIME BASIS (k) ADDITIONAL WORKING TIME ARRANGEMENTS APPLICABLE TO BOTH FULL AND PART-TIME TEACHERS 52 (l) SUPPLY TEACHERS APPENDICES - PAY COMMITTEE: MEMBERSHIP AND TERMS OF REFERENCE APPENDIX 1 - PROCEDURE FOR DEALING WITH APPEALS AGAINST TEACHERS PAY DECISIONS AND APPRAISAL STATEMENTS APPENDIX 2 - DEALING WITH SALARY ISSUES THAT MAY ARISE ON APPOINTING TEACHERS FROM OTHER SCHOOLS OR AREAS: EXAMPLES - APPENDIX 3 - THE SCHOOL S STAFFING STRUCTURE APPENDIX IMPORTANT NOTES: (1) Where the words school or Governing Body are used, in this document, this should also be interpreted to mean PRU or PRU Management Committee. (2) Where the term Pay Committee/Panel is used in this document, this is intended as a generic term, meaning the Committee or Panel of the Governing Body that deals with pay matters. The actual name of the Committee or Panel may vary from school to school. It could, for example, also be known as the Staffing Committee/Panel or Finance Committee/Panel. (3) Text shown in italics throughout this document indicates areas where the Governing Body has discretion over pay matters. The content is the Local Authority s discretionary policy in relation to pay. Where the Governing Body s own policy differs from that shown in italics, the details will be attached to, and/or provided alongside, this document. Staff are, therefore, advised to check the school s policy in these areas. 5

6 1. GENERAL ARRANGEMENTS (a) INTRODUCTION Under Local Management arrangements, the Governing Body has responsibility for determining the School s complement of staff and the structure of posts, as well as the pay of the staff employed at the School. It is important to the Governors of the School that we can be perceived by our staff to be acting fairly at all times. To achieve this end, and in order to be responsible and make consistent decisions in relation to pay determination, it is essential that we have a clear written policy to guide us. In respect of the School s teaching staff, the Governing Body must operate within the legal framework laid down by the most recent Schoolteachers Pay and Conditions Document (STPCD). The STPCD determines that it is a statutory requirement for all Governing Bodies to have in place a pay policy in respect of their teaching staff. When addressing pay matters, the Governors must also take account of the prevailing appraisal requirements under the Education (School Teachers Appraisal) (England) Regulations 2012 and any subsequent amendments. (Referred to as the 2012 Appraisal Regulations throughout this document). The purpose of the Pay Policy is not to describe in detail all the provisions contained within the STPCD but to concentrate primarily on setting out, for staff, details of the Governors policy in relation to the use of their discretionary powers. It also summarises, for information, other allowances and elements of salary that must be applied on a statutory basis or that are available on a discretionary basis in certain circumstances. This policy, which is available to anyone wishing to view it, should be read in conjunction with the school s appraisal policy. (b) AIMS OF THE POLICY (i) (ii) (iii) (iv) (iv) To maintain and improve the quality of teaching and learning, as well as the general environment provided for all pupils by having in place a staffing structure and pay policy which support the school s priorities and plans. To ensure that, in relation to teaching staff pay, the Governors operate within the legal framework of the School Teachers Pay and Conditions Document at all times, and take account of relevant statutory appraisal requirements. To enable the Governors to exercise their discretionary powers within the parameters of a clear framework for all categories of teaching staff. To support the recruitment and retention of a high quality workforce and to enable the school to recognise and reward teaches appropriately for their contribution to the school. To indicate to all teaching staff that the determination and review of their pay is dealt with in a fair and responsible manner. 6

7 (c) EQUAL OPPORTUNITIES IMPORTANT NOTE: Text shown in italics in this section indicates areas where the Governing Body has discretion over pay matters. The content is the Local Authority s discretionary policy in relation to pay. Where the Governing Body s own policy differs from that shown in italics, the details will be attached to, and/or provided alongside, this document. Staff are, therefore, advised to check the school s policy in these areas. The Governing Body is committed to providing equal opportunities for all staff in its employment practices, including recruitment and pay. It is intended that procedures for determining pay will also be consistent with the principles of public life objectivity, openness and accountability. All staff will be treated fairly, without preconceived bias or distinctions drawn on any grounds irrelevant to their employment. These may include, race, colour, nationality, ethnic or national origins, religion or belief, age, disability, gender, gender reassignment, sexual orientation, social, marital or civil status, for pregnancy or maternity reasons, for having responsibility for dependants, Trade Union involvement or any other grounds irrelevant to the requirements of the School, post or salary in question. All pay related decisions are taken in compliance with the following legislation: The Employment Rights Act 1996, The Employment Relations Act 1999, The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 and The Equality Act 2010, together with any subsequent amendments. This legislation provides a clear legal framework to prevent such discrimination and places an obligation on the Governors to act fairly at all times. In addition, it should be noted that the Governing Body will take the following positive measures to maintain and improve equality of opportunity for all. We will: Undertake regular audits of posts and pay positions in order to consider appropriate action that will assist in addressing any equality issues (e.g. in relation to gender, age, disability, race etc). At all times seek to uphold a policy of equal pay for posts of equal responsibility. For example, TLR payments within the staffing structure will be attached to posts according to relative job weight and level of responsibility, following analysis of job descriptions. The same principles will apply also to other levels and types of post. This will help to ensure that pay decisions made are free from discrimination and are based only on the duties and requirements of the posts. Seek to ensure that vacant positions are as accessible as possible to all, for example to both men and women, to those with disabilities, to those who may have caring responsibilities etc. Flexible working arrangements will be considered in relation to any post. The intention is to promote a supportive working environment for those returning from a period of maternity, adoption or other leave, as well as for those with wider family responsibilities or other special circumstances, and in recognition of the right for all staff to maintain a reasonable work/life balance. Performance related pay processes will be carried out in a fair and transparent manner with decisions being made on an objective basis, in accordance with this policy. Special circumstances, such as 7

8 maternity or sickness absence will be considered on an individual basis and adjustments to normal requirements and/or criteria, where appropriate. Seek to ensure that training and development opportunities within the control of the school, as well as other meetings, are as accessible as possible to all staff. On an ongoing basis, seek to improve communications amongst the workforce, including those on maternity, adoption and other leave. The Governing Body will consult with staff at regular intervals on equal opportunities issues but would also welcome, at any time, constructive suggestions from staff to improve equality of opportunity for all in any of the above, or other, areas. (d) DECISION MAKING RESPONSIBILITIES AND TIMESCALES (i) Policy Decisions and Reviews The Governing Body is responsible for establishing a pay policy and for ensuring that it is implemented as set out in its detailed provisions, in the manner intended. This policy was drawn up by the Pay Committee/Panel appointed by the Governing Body, the Headteacher and others, in consultation with staff, for ratification by the full Governing Body. Where a change to the use of the Governors discretionary powers is being considered, policy reviews will be carried out in a similar manner, as appropriate. It is important to note that pay increases dependent on performance, as well as the award of other discretionary payments are entirely a matter for the Governing Body. They are funded from the school s overall budget, whether or not this includes an element of grant funding. The Governors must decide, each year, the sum of money that may or may not be available for discretionary salary payments. In these circumstances, all the criteria set out in this policy for the use of the Governors discretionary powers in relation to salary determination have necessarily tried to balance budgetary considerations and the needs of the school to recruit and retain staff with the need to act fairly. The pay policy will normally be reviewed annually and, in any event, where there may be a change in the statutory pay arrangements applicable to schoolteachers. (ii) Statutory Requirements for Timing of Pay Determination and Written Notification The STPCD requires that all teaching staff must receive a written determination of salary: - annually with effect from 1st September (even if there is no change) and, in addition, - whenever a teacher takes up a new post on a date other than 1st September, - where a teacher becomes entitled to be paid on the upper pay range or, 8

9 - at any other time a change is made to a teacher s salary in circumstances provided for in the STPCD. A salary review may also be undertaken at other times, if necessary. This may, for example, be in relation to a change in the level of an allowance or payment awarded to a teacher, the expiry of a temporary allowance or payment or to rectify an error. When determining the remuneration of a teacher the Governors must have regard to their pay policy and the teacher s post within the structure. The teacher must be notified of her/his salary determination, in writing, (on 1 st Sept. this applies whether or not there is a change): - Leadership Group members and those on the pay range for Leading Practitioners must be notified of the basis on which the salary has been determined and the criteria (including performance objectives where the teacher is not subject to the 2012 Appraisal Regulations) on which it will be reviewed in the future; - Qualified Classroom Teachers must be notified of their position within the main or upper pay range, as appropriate, together with details of the nature and value of any SEN allowance awarded and/or the annual value of any Teaching and Learning Responsibility (TLR) payment attached to the post. The nature of the significant responsibility for which the TLR was awarded must also be stated. Where a TLR3 is awarded, it must also be made clear that it is for a fixed period of time only and that safeguarding will not apply in any circumstances; Unqualified Teachers must be notified of their position on the pay range for unqualified teachers, together with the value of, and reason for, any additional allowances awarded. All teachers will also be notified of the details where a payment or position is for a fixed term only, including the end date and/or circumstances which will bring it to an end (particularly if occurring earlier than the stated date). All teachers should also be notified of any payments or other financial benefits to be awarded for recruitment and retention purposes. Where a teacher is in receipt of a safeguarded salary, the value of the safeguarded sum must also be shown, together with the latest date on which safeguarding will cease and circumstances in which it will be reduced or cease earlier than that date. All teachers have access to a copy of the school s staffing structure and pay policy and will be advised, when issued with their salary determinations, to familiarise themselves with these documents. Additional Note: Salaries payable within the London Borough of Enfield are in accordance with the pay ranges applicable to the Outer London Area. (iii) The Governing Body s Arrangements for Decision Making and Appeals All teachers, including the Head teacher, are subject to the 2012 Appraisal Regulations, except those on contracts of less than one term, those undergoing induction and those who are subject to 9

10 capability procedures. All pay progression recommendations and decisions must, therefore, take account of whether or not a teacher is subject to these Regulations The Governing Body has delegated pay decisions, within the framework laid down by the Pay Policy, to its Pay Committee/Panel. In relation to performance-related pay increases, it is the responsibility of the Headteacher to ensure that information from the appraisal statement and the individual s overall performance is taken into account, with the assistance of other senior staff, as appropriate, and to make recommendations to the Pay Committee/Panel. Otherwise, other payments and allowances will be awarded in accordance with the criteria set out in this policy and may be dealt with by the Pay Committee/Panel, or delegated to the Headteacher to act on the Committee/Panel s behalf. The Headteacher s own pay will be addressed by the Governors Pay Committee/Panel, informed by the appraisal statement, as well as overall performance, as appropriate, taking into account advice from the school s appointed external adviser. (This applies where the Head teacher is subject to the 2012 Appraisal Regulations, otherwise pay decisions will be informed by an appraisal of performance having regard to objectives agreed or set). All teachers are entitled to seek a review of any decision made by the Head teacher or Governing Body that affects their pay. An Appeal Committee/Panel appointed by the Governing Body will deal with any appeal that may from time to time be submitted by a member of staff in relation to his/her salary. As required by the STPCD, the salary of every teacher will be reviewed annually with effect from 1 st September. The annual pay reviews (effective from 1 st September) for teaching staff below the Headteacher will be carried out as soon as possible and normally no later than 31 st October in the new academic year. The annual pay review for the Headteacher will normally be carried out by no later than the end of the Autumn Term, i.e. 31 st December. Written salary statements will be issued as soon as possible and, in any event, not later than one month after a pay determination has been made. Any increase that may be agreed will be effective from 1 September and backdated. Salary reviews may take place at other times of the year to reflect any changes in circumstances or job description that affect the structure of the teacher s pay. Applications to be paid on the upper pay range will be dealt with under separate arrangements, as set out in Section 3 of this policy document. Details of the Pay Committee/Panel s Membership and Terms of Reference are attached at Appendix 1 to this document. Any teacher seeking a review of a decision relating to his/her pay made by the Headteacher and/or Pay Committee/Panel should refer to the Procedure for Dealing with Appeals against Teachers Pay Decisions and Appraisal Statements attached at Appendix 2 to this document. 10

11 (e) COLLABORATION ARRANGEMENTS AND FEDERATIONS School Federation arrangements allow two or more schools to federate under one Governing Body, subject to the procedures set out in the relevant Regulations. School Collaboration arrangements enable the Governing Bodies of two or more maintained schools to work together in relation to staffing functions. Each school within a collaborative arrangement will retain its own Governing body and will have joint committees. Collaborating Governing Bodies may delegate any of their functions to a joint committee in the same way that they may delegate them to a committee of a single Governing Body. (Similarly, one or more Governing Bodies may make collaboration arrangement with one or more Further Education Bodies). The framework for the above arrangements are set out in specific legislation relating to School Governance (Federations, Collaborations, Constitution and Procedures, as relevant) as well as within Education and Inspections, Standards and Framework Acts and School Staffing Regulations. These apply to Federation and Collaboration arrangements, as appropriate. Any references in this document to schools, Headteachers, Governing Bodies and Governing Body Panels shall, normally, also be taken to include: - Schools, Headteachers, Governing Bodies and Panels working together under Collaboration arrangements (as well as Principals, Further Education Bodies and Committees, where relevant); and - Those staff and others attached to, or associated with, schools which are part of a statutory Federation under the Federation Regulations and should be interpreted accordingly. The above arrangements will also apply in the case of PRUs and PRU Management Committees, if applicable at any time. 11

12 2. THE LEADERSHIP GROUP (a) STATUTORY PROVISIONS Statutory arrangements relating to the salaries of all Leadership Group members are as laid down in the relevant STPCD. Brief details are as set out in the following paragraphs. Headteachers, Deputy Headteachers and Assistant Headteachers, as members of the Leadership Group, are all paid on the 43-point Leadership Group Pay Spine, numbered L1-L43. All schools have a Headteacher group size which provides the starting point for determining the salaries of Leadership Group members. For Primary and Secondary Schools, this is calculated using a formula based on Key Stage Weighted pupil numbers. For special schools it is based on a combination of pupil numbers at each key stage and the ratio of full-time equivalent staff to pupils. Full details of the procedure for carrying out group size calculations are set out in the STPCD. (i) Setting Pay Levels Headteachers (Important Note New pay arrangements were introduced for Headteachers with effect from 1 st September 2011 and apply to pay determinations made on or after that date. These new statutory arrangements are reflected below. Where Headteachers already in post were in receipt of a salary package determined prior to that date that does not meet the new requirements, it may remain in place until the salary range or any additional payments are due to be reviewed. The new arrangements must then be applied. Further details are set out in the statutory STPCD and other associated guidance). A Headteacher has a pay range on the Leadership Group Pay Spine known as the 7-point Individual School Range (ISR). The Governing Body is responsible for deciding upon the position of the ISR within the range of points applicable to the school s Headteacher group size. The ranges of points applicable to each group size are as set out below. Headteacher Group Size Range of Spine Points Applicable 1 L6 L18 2 L8 L21 3 L11 L24 4 L14 L27 5 L18 L31 6 L21 L35 7 L24 L39 8 L28 L43 The determination of the ISR within the range of points applicable should cover the full role of the Head teacher, as set out in Part 9 of the STPCD, including any permanent responsibility for more than one 12

13 school (see below in relation to Federations). Determination of the ISR should take into account the position of the school within the group size, the school s circumstances and background of the pupils. It may also take into account and provision of on-site extended services for which a permanent Headteacher has significant additional responsibilities and is directly accountable to the Local Authority/Children s Trust. However, where a Head teacher has an interest in the quality of a service that is located on the school s site, for example, a speech therapy centre that helps the development of young people within the school or across a number of schools but is not responsible or accountable for that service, that is part of a Head teacher s core responsibilities and would not, therefore, be taken into account when setting the Head teacher s ISR). The positioning of other Leadership Group pay ranges may also affect the position of the ISR. In a permanent arrangement for a Headteacher to be responsible and accountable for more than one school (a hard Federation with a single Governing Body), the Governing Body should base the calculation of the Headteacher group size on the relevant numbers across all the schools, giving a group size for the Federation. The ISR should then be set as above. A school s Headteacher group size and ISR should be reviewed at any time it is proposed to appoint a new Headteacher, where the Headteacher group size changes or in any other circumstances it is considered necessary. Note that the minimum of the ISR must, in any event, be at least the next point higher on the spine than the maximum of any Deputy or Assistant Headteacher pay range and must not be less than the salary of the highest paid classroom teacher 1 A newly appointed Headteacher shall not, on appointment, be paid on a point exceeding the fourth point of the seven point ISR. As well as the Headteacher s point on the ISR, additional discretionary payments may be made in accordance paragraphs 11.5 or 45, 46 or 47 of the 2013 STPCD. Paragraph 11.5 states that such a payment may be made where: - the school is a school causing concern; - without such a payment the Governors consider that there would be substantial difficulties recruiting to the post; - without such a payment the Governors consider that there would be substantial difficulties in retaining the existing Head teacher; or - the Head teacher is appointed on a temporary basis to be the Head teacher of more than one school. (As it is a temporary arrangement, the Head teacher would retain the ISR relevant to his/her substantive post and be awarded a discretionary payment in recognition of the responsibilities associated with taking on one or more additional schools on a temporary basis). 1 The highest paid classroom teacher is deemed to be Upper Pay Scale Point 1 plus the highest value of TLR payment and/or SEN allowance held by a classroom teacher at the same school. (The salary of the highest paid classroom teacher for this purpose is a notional calculation and does not affect the salary entitlement of such a teacher). 13

14 Discretionary payments made in respect of Paras. 45, 46 and 47 of the STPCD include Continuing Professional Development (CPD) outside of the school day, out-of-school hours learning activities, provision of services by the Head teacher relating to the raising of standards in another school, or schools (other than in circumstances where the Head teacher has been APPOINTED to the position either permanently or temporarily) and temporary, time-limited recruitment and retention payments. A discretionary payment may be made in the above circumstances provided that the Governing Body has not previously taken such circumstance into account when determining the ISR under an earlier School Teachers Pay and Conditions Document, or otherwise in determining a discretionary payment. The statutory guidance contained within the STPCD states that the Governing Body should have oversight of a head teacher s entire role and any paid responsibilities attached to this role. This should ensure that the Governing Body can take a fully informed decision about the appropriate remuneration for the Head as well as any consequential implications for other staff. The total sum of any discretionary payments made to a Headteacher in accordance with the above arrangements must not exceed 25% of his/her point on the Leadership Group Pay Spine in any school year. All discretionary payments count towards this limit. Discretionary payments which exceed the 25% limit may only be made in wholly exceptional circumstances. To implement such a payment, the following steps must be taken: - If it is considered that there are exceptional circumstances which warrant a payment in excess of the normal maximum limit, the relevant Governing Body Panel/Committee must make a business case for the payment to the full Governing Body. - The Governing Body must then seek external independent advice from an appropriate person or body who can consider the provisions of the STPCD and whether they have been properly applied to the Head teacher s pay before making a decision on whether it is justifiable to exceed the limit. - There must be a clear audit trail for any advice given to the Governing Body and a full and accurate record of all decisions made by the Governing Body and the reasoning behind them. Deputy and Assistant Head Teachers Deputy and Assistant Head teachers have a 5-point pay range which the Governing Body may position anywhere between the bottom of the Head s ISR and the salary of the highest paid classroom teacher. The pay range(s) of any Deputy Head teacher(s) must exceed any Assistant Head teacher pay range(s) by at least one point (i.e. the maximum of any Assistant Head teacher pay range must not equal or exceed the maximum of the range of the lowest paid Deputy Head teacher). The Pay Range(s) should be determined whenever it is proposed to make a new appointment(s), where there is a significant change in the responsibilities of a serving Deputy or Assistant Head, or where the maximum of the range(s) would otherwise equal or exceed the minimum of the ISR. The ranges set should reflect job weight and 14

15 challenge, the circumstances of the school and any anticipated recruitment or retention difficulties. A newly appointed Deputy or Assistant Head teacher shall not, on appointment, be paid on a point exceeding the third point of the fivepoint range. NB. The additional discretionary payments available in respect of Headteachers salaries under Paragraph 11.5 of the School Teachers Pay and Conditions Document do not apply to other Leadership Group positions. (ii) Salary Progression All Leadership Group Members The pay ranges for Headteachers, Deputy Headteachers and Assistant Headteachers are not incremental and there is no automatic progression. It is for the Governing Body to determine arrangements for any future progression and make these known to staff within its pay policy. Any movement within the pay ranges must be based on performance. The Governing Body has discretion to increase the Spine Point position, by a maximum of two points per year, effective from 1 st September, (subject to the maximum of the range not being exceeded) Note that the 2012 Appraisal Regulations apply to the Headteacher and to all teachers employed by the school except those on contracts of less than one term, those undergoing induction and those who are the subject of capability procedures. Where the Leadership Group member is NOT subject to the 2012 Appraisal Regulations performance objectives are to be agreed, or otherwise set, relating to school leadership and management and to pupil progress. The Governors may only determine that there should be any movement up the pay spine where performance has been appraised in the light of objectives set and this shows that there has been a sustained high quality of performance. Note that, where the Leadership Group member is subject to the 2012 Appraisal Regulations, the Governors may only determine that there should be any movement up the Pay Spine 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 those Regulations. They must also have regard to any recommendation on pay progression recorded on the most recent appraisal statement. Performance point(s) may not be awarded with effect from a date other than 1 st September. If a pay range is changed from another date, pay points may only be awarded where the leadership group member s pay point would otherwise be below the minimum of the new range. In these circumstances, the spine point may only be increased to the extent necessary to ensure that the salary equals the minimum of the range. The Governors responsible for reviewing the performance of the Headteacher must, as appropriate, seek advice from the appointed external adviser. S/he will be able to provide advice about such matters as progress made towards previous objectives set, suitable objectives to be set for the next cycle and how the school s appraisal 15

16 systems are contributing to raising achievement and pupils well being. Additional Note: TLR payments and SEN Allowances are not payable to teachers appointed to Leadership Group posts. (b) THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS IMPORTANT NOTE: Text shown in italics in this section indicates areas where the Governing Body has discretion over pay matters. The content is the Local Authority s discretionary policy in relation to pay. Where the Governing Body s own policy differs from that shown in italics, the details will be attached to, and/or provided alongside, this document. Staff are, therefore, advised to check the school s policy in these areas. (i) Headteacher Determination of Individual School Range (ISR): The 7-point ISR for the Headteacher post has been determined taking account of a range of factors, as set out and allowed by the statutory STPCD applicable at the time. The Governors reserve the right to review the ISR at any time it is considered necessary or appropriate. The reason(s) for doing so will be recorded in writing. Any review that takes place will be undertaken in accordance with the relevant factors, arrangements and limits specified by the terms of the STPCD at the time of the review. Additional Discretionary Payment: The Governors may at any time consider the award of a discretionary payment as an addition to the Head teacher s current point on the ISR. Consideration will be given in accordance with the relevant factors, arrangements and limits allowed by the statutory STPCD. The reasons for any award, which may be indefinite or for a fixed term, will be recorded in writing. New Headteacher Appointment: When there is a need to appoint a new Headteacher, the Governing Body will review the school s Headteacher Group Size. The ISR will be reviewed and set in accordance with the terms and factors specified by the STPCD, as relevant and appropriate to the circumstances of the school at the time. The Governors may consider a discretionary payment as an addition to the points on the ISR as allowed by the STPCD. Any decision reached on the addition or otherwise of such a payment will depend upon the circumstances of the school and/or any anticipated recruitment difficulties at that time. On appointment, a decision will also be made in relation to the placement of any newly appointed Headteacher on any of the first four points of the ISR set. The starting salary will take into account all the 16

17 prevailing circumstances and is also likely to be linked to the knowledge, skills and abilities of the individual appointed to the post. In any circumstances where it is decided to appoint a Headteacher to be responsible for this school and one or more others (on either a permanent or temporary basis) the relevant statutory pay arrangements set out in (a) (i) above will be applied. Decisions will be made in conjunction with any other Governing Body(ies), as appropriate. Progression within the ISR: Working with the appointed external adviser, as appropriate, the Governing Body Pay Committee/Panel shall agree or set objectives, appraise performance and determine pay in accordance with the statutory arrangements set out in 2. (a) (ii) above, depending upon whether or not the Head teacher is subject to the 2012 Appraisal Regulations. Where the Head teacher is NOT subject to the 2012 Appraisal Regulations The relevant Governors Committee/Panel may only determine that there will be any movement up the Pay Spine where an appraisal of performance has shown a sustained high quality of performance having regard to objectives agreed or set for pay purposes. Where the Head teacher IS subject to the 2012 Appraisal Regulations: In circumstances where the Governors reviewing the performance of the Headteacher are not the Governors on the Pay Committee/Panel and (subject to performance) an increase in spine point may be due in a particular year, the Pay Committee/Panel shall request a copy of the Head teacher s appraisal statement from the responsible Governors. The Pay Committee/Panel shall have regard to the results of the most recent appraisal and any recommendation on pay recorded on the appraisal statement when reaching a decision regarding the Headteacher s pay. All - A decision will be made annually, at the beginning of the academic year (or as appropriate where the Head teacher is not subject to the 2012 Appraisal Regulations) when the performance objectives and criteria are due to be agreed/set, whether either one or two point(s) will become payable from the following 1 st September if they are met (subject to the maximum of the ISR not being exceeded). If a point(s) is payable it will be made clear what needs to be achieved in terms of sustained, high quality of performance for the award to be made. In accordance with these arrangements, where appraisers other than members of the Pay Committee/Panel are setting performance objectives and criteria, they will be provided with information about the Headteacher s current pay position and any point, or points, that will be available to them for the purpose of making any pay recommendations, as appropriate. 17

18 (ii) Deputy and Assistant Head teacher(s) Determination of Assistant and Deputy Head teacher Pay Range(s): The 5-point Pay Ranges for any Deputy and Assistant Head teacher posts at the school have been determined taking account of a range of factors, as set out and allowed by the statutory STPCD applicable at the time. The Governors reserve the right to review the range(s) at any time it is considered necessary or appropriate. The reason(s) for doing so will be recorded in writing. Any review that takes place will be undertaken in accordance with the relevant factors, arrangements and limits specified by the terms of the STPCD at the time of the review. New Deputy and Assistant Head teacher Appointments: When there is a need to appoint a new Deputy or Assistant Head teacher, the Governing Body will review and set the pay range in accordance with the terms and factors specified by the STPCD, as relevant and appropriate to the circumstances of the school at the time. At that time a decision will also be made in relation to the placement of any newly appointed Deputy or Assistant Headteacher on any of the first three points of the Pay Range set. The starting salary will take into account all the prevailing circumstances and is also likely to be linked to the knowledge, skills and abilities of the individual appointed to the post. Progression within the range: The Head teacher or Manager, as appropriate, shall agree or set objectives, appraise performance and recommend pay in accordance with the statutory arrangements set out in 2. (a) (ii) above, depending upon whether or not the Deputy or Assistant Head teacher is subject to the 2012 Appraisal Regulations. Where the Deputy or Assistant Head teacher is NOT subject to the 2012 Appraisal Regulations The Head teacher or Manager, as appropriate, may only recommend that there will be any movement up the Pay Spine where an appraisal of performance has shown a sustained high quality of performance having regard to objectives agreed or set. Where the Deputy or Assistant Head teacher IS subject to the 2012 Appraisal Regulations: The Head teacher or Manager, as appropriate, shall have regard to the results of the most recent appraisal when making a recommendation regarding the Deputy or Assistant Head teacher s pay. All - A decision will be made annually, at the beginning of the academic year when the performance objectives and criteria are due to be agreed/set, whether either one or two point(s) will become payable from the following 1 st September if they are met (subject to the 18

19 maximum of the range not being exceeded). If a point(s) is payable it will be made clear what needs to be achieved in terms of sustained, high quality of performance for the award to be made. Accordingly, the Headteacher or Manager will, where appropriate, be provided with details of any point, or points, that may be available to him/her for the purpose of making any pay recommendation. The school s staffing structure, showing the number and type of Leadership positions at the school, is attached at Appendix 4 to this document. (This includes an Implementation Plan where a revised structure has been agreed but has yet to be fully implemented). 19

20 3. QUALIFIED CLASSROOM TEACHERS ON THE MAIN AND UPPER PAY RANGES (a) STATUTORY PROVISIONS Note: All September 2013 salary determinations relating to salary progression for existing qualified teachers on the main pay scale and qualified teachers on the upper pay scale shall be made in accordance with the 2012 STPCD. Once salary determinations for the September 2013 pay award have been made provisions relating to the new main and upper pay ranges, as well as pay progression linked to performance from September 2014 come into effect. The new main and upper pay ranges take effect from 1 st September 2013 an must be used in relation to any salary determinations that take place after the annual September 2013 salary determinations. Any pay increase awarded to a teacher on the main or upper pay ranges, or any movement between those pay ranges must be permanent for as long as the teacher remains employed within the same school and, in the case of unattached teachers, for as long as the teacher remains employed by the same local authority, but is not otherwise deemed to be permanent by operation of the terms of the 2013 STPCD or any earlier STPCD. (i) The Main Pay Range Determining Pay POINT Minimum Maximum Main Pay Range SALARY Min. Annual Salary Figure for Outer London Area Max. Annual Salary Figure for Outer London Area A teacher on the main pay range must be paid such salary within the minimum and maximum of the range as the governing body determines. Actual salary figures are available separately from this policy document. (ii) The Upper Pay Range Determining Pay POINT Minimum Maximum Upper Pay Range SALARY Min. Annual Salary Figure for Outer London Area Max. Annual Salary Figure for Outer London Area A teacher on the upper pay range must be paid such salary within the minimum and maximum of the range as the governing body determines. Actual salary figures are available separately from this policy document. The governing body must pay a teacher on the upper pay range if: (a) the teacher is employed in a School as a post-threshold teacher, for as long as the teacher is so employed at that school without a break in the continuity of their employment (meaning continuity of service within the same school not continuity of employment in a different school where the LA is the employer); 20

21 (b) the teacher applied to be paid as a post-threshold teacher in that school under the 2012 Document, that application was successful, and the teacher was due to move onto the upper pay scale at that school on 1 September 2013; (c) the teacher applied to a School to be paid on the Upper Pay Range in accordance with Paragraph 18 of the 2013 Document, that application was successful, the teacher is still employed at that school and there has been no break in their continuity of employment; (d) the teacher was employed as a member of the leadership group in that School, was first appointed as such on or after 1 st September 2000, and occupied such a post or posts for an aggregate period of one year or more; or (e) the teacher was employed in that School as an Advanced Skills Teacher or an Excellent Teacher under the 2012 Document; and the teacher will not be paid on the Pay Range for Leading Practitioners or on the Pay Spine for the Leadership Group. In the case of teachers who are paid on the upper pay range by virtue of sub paragraphs a), c), d) and e) above, the governing body must determine where within the upper pay range the teacher s annual salary will be fixed. In the case of teachers who are paid on the upper pay range by virtue of sub paragraph b), payment is to be made on the minimum of the upper pay range. The governing body may pay a teacher on the upper pay range if: (a) the teacher is defined as a post-threshold teacher (see 2013 Document, Section 2, Annex 4) but was not employed as a post-threshold teacher in that School under an earlier Document; (b) the teacher applied to be paid as a post-threshold teacher in another School under the 2012 Document, that application was successful and the teacher was due to move onto the Upper Pay Scale on 1 st September 2013; (c) the teacher applied to another educational setting to be paid on the Upper Pay Range in accordance with the 2013 Document and that application was successful; or (d) the teacher was formerly paid on the Pay Range for Leading Practitioners. (iii) Applications to be Paid on the Upper Pay Range Qualified teachers may apply to be paid on the upper pay range at least once a year in line with the school s pay policy. Governing bodies shall assess any such application received and determine whether the teacher meets the criteria set out below. Where teachers are subject to the 2012 Appraisal Regulations, the Governing Body shall have regard to the assessments and recommendations in their appraisal reports. 21

22 An application from a qualified teacher will be successful where the Governing Body is satisfied that the following criteria are met: (a) the teacher is highly competent in all elements of the relevant standards*; and (b) the teacher s achievements and contribution to the school are substantial and sustained. (* relevant standards means the Teachers Standards) Each of the assessments and recommendations contained within a teacher s appraisal report/statement will need to be considered and it should be determined whether taken as a whole the evidence demonstrates that s/he meets the criteria, i.e. that the teacher is highly competent in all elements of the relevant Standards and that his/her achievements and contribution to the School are substantial and sustained. A qualified teacher may also apply to the governing body in accordance with the 2012 STPCD, if: (a) the teacher is subject to the 2012 Appraisal regulations; (b) the teacher was on point M6 in the school year 2012/13; and (c) the application is made by 31 st October (These arrangements are in line with Round 13 of the Threshold Application process and its conclusion, as set out in the 2012 STPCD). Any decision made under the arrangements set out in this section for dealing with and assessing applications to be paid on the upper pay range applies ONLY to employment in that same school or, in the case of unattached teachers, the same local authority. (iv) Pay Progression Linked to Performance The governing body must consider annually from 1 st September whether or not to increase the salary of teachers who have completed a year of employment** since the previous annual pay determination and, if so, to what salary within the main or upper pay range, as relevant. (**NB. The interpretation of a year of employment for this purpose is as set out in the 2013 STPCD, Section 2, Annex 4, Paragraph 1.9). The governing body must decide how pay progression will be determined, subject to the following: (a) The decision whether or not to award pay progression must be related to the teacher s performance, as assessed through the school s appraisal arrangements in accordance with the 2012 Appraisal Regulations; (b) A recommendation on pay must be made in writing as part of the teacher s appraisal report, and the governing body must have regard to this recommendation in making their decision; (c) Where a teacher is not subject to the 2012 Appraisal Regulations, the governing body must determine through what process the teacher s performance will be assessed and a pay recommendation 22

23 made for the purposes of making its decision, except in the case of newly qualified teachers, in respect of whom the governing body must do so by means of the statutory induction process set out in The Education (Induction Arrangements for School Teachers) (England) Regulations 2012, as amended; (d) Pay decisions must be clearly attributable to the performance of the teacher in question; (e) 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; (f) A decision may be made not to award progression whether or not the teacher is subject to capability proceedings. (b) THE GOVERNING BODY S ARRANGEMENTS FOR IMPLEMENTATION AND USE OF DISCRETIONARY POWERS IMPORTANT NOTE: Text shown in italics in this section indicates areas where the Governing Body has discretion over pay matters. The content is the Local Authority s discretionary policy in relation to pay. Where the Governing Body s own policy differs from that shown in italics, the details will be attached to, and/or provided alongside, this document. Staff are, therefore, advised to check the school s policy in these areas. Statutory provisions for the payment of salaries on the Main and Upper Pay Ranges are as set out above in Section 3(a) (i), (ii) and (iii) of this document. The governors arrangements for placement within the pay ranges and the award of any pay increases for eligible teachers are as set out in this section. (i) The Main Pay Range Pay Determinations for Existing Teachers from 1 st September 2013 The arrangements set out in the 2012 STPCD and the school s preexisting pay policy will apply to those continuing in post. Payment of an increment will apply to eligible teachers on the 6-point main pay scale and continuing on the new main pay range. However, the following points should also be noted. In relevant circumstances the governing body may decide to withhold any scale point that would otherwise have been due where service is deemed to have been unsatisfactory. This would only take place where the teacher was already subject to formal procedures. The current policy is that no additional point will be awarded to any teacher for excellent performance. Pay Range Applicable after 1 st September 2013 The governing body s policy is that the main pay range to apply within the school will follow the same 6-point format as the main pay scale in place up to 31 st August 2013: 23