TEACHERS PAY POLICY. Last Amended September First Review September Page 1

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1 TEACHERS PAY POLICY To ensure all staff, Directors and Academy Council Governors are aware of their responsibilities and outlines how the Trust is compliant with the STPCD: The Teachers Pay and Conditions Document (the document) (statutory) and the Conditions of Service for School Teachers in England and Wales (The Burgundy Book). Author Heather Cowan Last Amended September 2017 Review Date Annual First Review September 2018 Page 1

2 CONTENTS PAGE 1. Introduction 3 2. Aims 3 3. Equal Opportunities 4 4. Job Descriptions and Responsibilities 4 5. Access to Records 4 6. Appraisal & Pay Recommendations 4 7. Safeguarding 5 8. Annual Determination of Pay 5 9. Annual Pay Statement Teaching Staff Pay & Conditions Pay award Headteacher Pay Leadership Pay Progression Classroom Teachers Teaching appointments Post threshold Teachers The Assessment Processes and Procedures Teaching and Learning Responsibilities (TLRs) Recruitment and Retention- Incentives and Benefits Special Educational Needs Part Time teachers Supply Teachers Unqualified teachers Acting Up arrangements Additional Payments Appeals Appendix Appendix 2 17 Page 2

3 Introduction This Policy has been agreed by the Acorn Education Trust Board of Directors to provide a clear framework for the management of pay and grading issues for all teaching staff employed in the Acorn Education Trust. This policy is compliant with the STPCD: The Teachers Pay and Conditions Document (the document) (statutory) and the Conditions of Service for School Teachers in England and Wales (The Burgundy Book). Acorn Education Trust is committed to taking decisions in accordance with the key principles of public life : objectivity, openness and accountability. The Trust recognises the requirement that all pay progression decisions for teaching staff must be linked to the annual appraisal of their performance. The procedures set out in this document seek to ensure that this is achieved in a fair, equitable and transparent way. The Trust recognises its responsibilities under relevant legislation including the Equality Act 2010, 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 2000, The Employments Rights Act 1996, The Employment Act 2002, The Employment Act 2002 (Dispute Resolution) Regulations, and will ensure that all pay related decisions are taken equitably and fairly, in compliance with statutory requirements This policy has been agreed by the Acorn Education Trust Board of Directors for adoption by the Academy Council. Any subsequent changes will also be subject to further agreement before amendment by Acorn Education Trust Board of Directors. For staff up to the level of headteacher, each Academy Council will have full authority to take decisions on behalf of the Trust Board on pay matters as defined in this policy. For headteachers, the Acorn Education Trust Board will have authority to take decisions on pay matters as defined in this policy. AIMS In adopting this pay policy the aim is to: achieve excellent and aspirational outcomes for all students; support the academy s overall aims and priorities as stated in the academy development plan; ensure staff are well motivated as well as being valued and rewarded appropriately for their work and contribution to the academy; support the recruitment and retention of a high quality teacher workforce and support teachers career development; demonstrate the fairness of decisions on pay, ensuring they are just and transparent and can be justified as being based on evidence, and that this is applied consistently across the Acorn Education Trust; support the Trust s Appraisal Policy and the principles that underpin it. Pay decisions (with the exception of those relating to the headteacher as outlined above) are made by the Academy Council on delegated authority from the Acorn Education Trust Board. Page 3

4 The Trust will, in addition, consider any advice issued by the Department for Education, relevant national bodies, recognised trade unions and relevant statutory legislation. Equal Opportunities The Trust seeks to provide equal employment opportunities for all staff and will comply with all relevant employment and equalities legislation and regulations at all times. Job Descriptions and Responsibilities The headteacher will ensure that all staff are provided with a job description in accordance with the agreed staffing structure. This will outline the role and responsibilities of the post and will include the pay range and any additional payments and allowances. The job description will detail the reason for additional allowances and their duration whether permanent or fixed term. Job descriptions may be reviewed from time to time (other than as part of the formal appraisal process) in consultation with the individual employee concerned. This will be with a view to making reasonable adjustments in line with academy/trust needs. If a significant change in role is necessary, a new job description will be agreed with the member of staff. If there are significant changes to a significant number of job descriptions consideration will be given to reviewing the whole staffing structure, with appropriate consultation with staff and trade unions. Access to records The headteacher will ensure reasonable access for individual members of staff to their own employment records. Appraisal and Pay Recommendations Individual Acorn Education Trust academies will follow the Acorn Education Trust Teachers Appraisal Policy in conjunction with this document for appraising teachers performance and making and determining the agreement or disagreement with those recommendations regarding pay. In addition to the transparent and fair appraisal procedure outlined in that policy, the Trust believes that there is a responsibility for individual appraisees and appraisers to work together and for the appraisee to gather any evidence they deem to be appropriate in meeting the agreed criteria. The headteacher will moderate objectives, performance assessment and pay recommendations to ensure consistency and fairness in their academy. In accordance with the equalities considerations as part of the appraisal and pay determination process departmental advice document (June 2014), each academy has a duty to ensure that they do not directly or indirectly discriminate against anyone because of a relevant protected characteristic. All public authorities including schools must comply with the Public Sector Equality Duty (PSED) introduced by the Equality Act 2014 (section 149 of Equality Act 2010) To discharge the duty schools must have due regard to the need to: Page 4

5 Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the act. Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it (it applies to age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation). Foster good relations between people who share a relevant protected characteristic and people who do not share it. Safeguarding Where a pay determination leads (or may lead) to the start of a period of safeguarding, the Academy Council/Trust Board will comply with the relevant provisions of the STPCD. They will give the required notification as early as possible, and, no later than one month after the determination of pay has been made. Annual Determination of Pay The salaries of all teaching staff including the headteacher, will be reviewed annually by 31 st October for teachers and 30 th November for the headteacher to take effect from 1 st September. Each teacher s appraisal report will contain a pay recommendation based on the evidence discussed at the appraisal review meeting, and the previously agreed criteria for progression. (See Acorn Education Trust Appraisal Policy.) The headteacher is responsible for submitting these recommendations to the Academy Council or, where applicable, the Pay Panel for approval. For recommendations regarding the headteacher s pay progression, the Chief Executive Officer is responsible for submitting the recommendation to the Acorn Education Trust Board. Decisions on annual pay progression recommendations will be communicated to all relevant staff by the headteacher in writing in accordance with the STPCD. This will set out the reasons why decisions have been taken. The decision on the headteacher s pay will be confirmed by 31 st December, except in exceptional circumstances, with the instruction to amend pay from 1 st September immediately after the time limit for lodging an appeal has expired (10 days), or immediately after an appeal has concluded. The salary for CEO, COO, HR Director and Executive Headteachers will be reviewed annually through the appraisal system by December 31 st and will take effect from September 1 st. Annual Pay Statement All teachers are entitled to receive an annual pay statement by 31 st October for teachers and 31 st December for the headteacher, which will include: Details of salary (based on the agreed job description) Details of any financial benefits to which the member of staff is entitled Any safeguarding arrangements if they apply Page 5

6 On the written pay statement, the following information must be included with regard to TLRs: The value The nature of the significant responsibility for which it was awarded; A note if the TLR was awarded whilst the teacher occupies another post in the absence of the post-holder; The date on which it will come to an end, including, where relevant, any circumstances in which (if occurring earlier than the date) it will come to an end. For TLR3s, a statement that these will not be safeguarded. A review may occur at a time other than during the annual cycle where there has been a significant change to an individual teacher s role and responsibilities that may have an impact on their pay. In these circumstances, a revised written pay statement will be issued to the teacher and will include details of any safeguarding arrangements, if they apply. Teaching Staff Pay and conditions All teachers in the Acorn Education Trust are employed in accordance with the statutory provisions set out in the School Teachers Pay and Conditions document (STPCD) which is updated each September as well as the Conditions of Service for School Teachers in England and Wales (the Burgundy Book). The following pay arrangements have been agreed by the Acorn Education Trust Board using the flexibilities contained within the STPCD. September 2017 Pay Award In line with the recommendations in the STRB s 27 th Report, from 1 st September 2017: A 2% uplift has been applied to the statutory minimum and maximum of the main pay range; A 1% uplift has been applied to the minima and maxima of all other pay ranges in the national framework (including headteacher groups) and all allowances across all pay ranges; A 2 % uplift to the main pay range was agreed by the Acorn Education Trust Board; A 1% uplift to all other pay ranges has been agreed by the Acorn Education Trust Board. Page 6

7 Headteacher Pay Acorn Education Trust does not recognise Headteacher salary as defined by STPCD. For appointments, the Acorn Education Trust will determine the pay range to be advertised and will agree the pay on appointment as follows: The Trust will assign a five-point Individual Pay Range (IPR) from the DfE spine for Leadership. The five-point Individual School Range (ISR) will be based on: The responsibility taken by the Executive Leaders in the Acorn Education Trust; The number of students on the school register; The size and experience of the Senior Leadership Team. Leadership Pay Progression for leaders in schools Pay progression is subject to a review of performance taking into account performance objectives, the successful achievement of targets and the requirements required of a member of staff appointed on the leadership spine. The Academy Council has the discretion to move staff on the leadership pay spine by more than one point to a (maximum of two). Annual pay progression within the range for the post is not automatic. The Academy Council will consider whether to award one or two progression points. Pay progression of the Executive Headteachers is determined by the CEO following review of performance taking into account performance objectives, the successful achievement of targets and the requirements required of a member of staff appointed on the leadership spine. Pay progression of CEO, COO and HR Director is determined by the Pay Committee of Directors following review of performance taking into account performance objectives. See Appendix 1: Application of Leadership Group Pay Progression Criteria Clarification Page 7

8 Classroom Teachers The Academy Council will use the following reference points for teachers on the main pay scale range when appointing new teachers and for current teachers who are on this pay range for performance related pay decisions. Classroom teacher Annual salary ( ) available from the individual academy Minimum point (M1) Reference point (M2) Reference point (M3) Reference point (M4) Reference point (M5) Maximum point (M6) Teaching appointments The delegated selection panel will determine the pay range for a vacancy prior to advertising it. Upon appointment it will determine the starting salary to be offered to the successful candidate to reflect one of the reference points as detailed in the relevant pay range in this pay policy as detailed in the advert. In making such determinations, the delegated selection panel will take into account a range of factors, including: the nature of the post the level of qualifications, skills and experience required market conditions the wider academy context if applicable There is no assumption that a teacher will be paid at the same rate as they were being paid in a previous school or academy. Post Threshold Teachers Any qualified teacher may apply to be paid on the upper pay range and any such application must be assessed in line with this policy. It is the responsibility of the teacher to decide whether or not they wish to apply to be paid on the upper pay range. A teacher will be eligible for progression to the upper pay range having reached M6 on the main pay range. The headteacher will notify all teachers on main pay range 5 and 6 at the start of each academy year of their eligibility to apply for assessment. Applications may be made to the headteacher once a year by 31 st October. All applications should include the results of reviews or appraisals under the 2011 or 2012 regulations, including any recommendation on pay (or, where that information is Page 8

9 not applicable or available, a statement and summary of evidence designed to demonstrate that the applicant has met the assessment criteria). Applications should contain evidence from the previous two consecutive, successful appraisals of performance review statements. The Assessment An application from a qualified teacher on M6 will be successful where the Academy Council is satisfied that: the teacher is highly competent in all elements of the relevant standards; the teacher s achievements and contribution to the academy are substantial and sustained. For the purposes of this pay policy: highly competent means performance which is not only good but also good enough to provide coaching and mentoring to other teachers, give advice to them and demonstrate to them effective teaching practice and how to make a wider contribution to the work of the academy, in order to help them meet the relevant standards and develop their teaching practice substantial means of real importance, validity or value to the academy; play a critical role in the life of the academy; provide a role model for teaching and learning; make a distinctive contribution to the raising of student standards; take advantage of appropriate opportunities for professional development and use the outcomes effectively to improve students learning; and sustained means maintained continuously over two consecutive, successful appraisals of performance review statements. The application will be assessed robustly, transparently and equitably, by the headteacher with recommendation to the pay panel of the Academy Council to make the final determination. Processes and procedures The assessment will be made by 30 th November and the applicant will receive a response to their application following this assessment. If successful, applicants will move to the minimum of the upper pay range. Payment will be backdated to 1 st September. Page 9

10 Upper Pay Spine Annual Salary ( ) available from the individual academy Reference point (U1) Reference point (U2) Reference point (U3) If unsuccessful, feedback will be provided by the headteacher, in writing, within 10 working days of the decision. Any appeal against a decision not to move the teacher to the upper pay range will be heard in line with the Acorn Education Trust Appeal Policy. See Appendix 2: Application of Upper Pay Scale Progression Criteria - Clarification Teaching and Learning Responsibility Payments (TLRs) The values of the TLRs to be awarded in 2017/2018 are available from each individual academy. The following TLR2s are available to be awarded: TLR2A TLR2B TLR2C The following TLR1s are available to be awarded: TLR1A TLR1B TLR1C TLR1D When awarding a TLR to a part time teacher the amount will be paid pro rata at the same proportion as the teacher s contract. TLR3s will be awarded for a fixed term academy improvement project or for a one off externally driven responsibility. The value of TLR3s are: TLR3A: 2,500 TLR3B 2,000 TLR3C 1,500 TLR3D 1,000 TLR3E 500 Page 10

11 The Academy Council will not award more than one TLR of any value to a teacher. Recruitment and Retention Incentives and Benefits Recruitment and Retention Awards will only be used in exceptional circumstances. Any award would need to be reported to the Pay Panel of the Academy Council in accordance with the scheme of delegation. Special Educational Needs An SEN payment will fall within the range according to the current STPCD and is payable to a classroom teacher in accordance with this paragraph: a) in any SEN post that requires a mandatory SEN qualification (In accordance with the Education (School Teachers Qualifications) (England) Regulations 2003 (S.I. 2003/1662) and involves teaching students with SEN; b) in a special school c) who teaches students in one or more designated special classes or units in the academy Where an SEN allowance is to be paid, the Academy Council must determine the spot value of the allowance, taking into account the structure of the academy s SEN provision and the following factors: whether any mandatory qualifications are required for the post; the qualifications or expertise of the teacher relevant to the post; and the relative demands of the post. Part Time Teachers The headteacher and the Academy Council will ensure that all part time employees are treated no less favourably than a full time comparator. Teachers employed on an on-going basis at the academy, but who work less than a full day or week are deemed to be part-time. Part-time teachers will be entitled to be paid for their contractual hours pro rata to a full time teacher, with the exception of TLR3, and will also be entitled to PPA time, other non-contact time, directed time and duties allocated on a pro rata basis. A written statement will be provided by the academy detailing their work time obligations. Any additional hours worked by agreement from time to time will be paid at the same rate. Supply Teachers Teachers employed on a day-to-day basis (time sheet worker agreement) will be paid in accordance with the provisions of the STPCD on a daily basis calculated on the assumption that a full working year consists of 195 days: periods of employment of less than a day being calculated pro rata (by dividing their annual salary by 1265 to give an hourly rate). The hours worked will be specified by the Headteacher or their representative (but a minimum of one Page 11

12 hour will be payable for an appointment in any one half day session during academy session time) Unqualified Teachers An unqualified teacher is either a trainee working towards QTS, an oversees trained teacher as set out above who has not exceeded the four years they are allowed without obtaining QTS, or an instructor providing a course which pre-existed their employment. The Academy Council will appoint unqualified teachers to a salary within the minimum and maximum points set out in the STPCD. Acting up Arrangements In the case of an acting Headteacher payment will be at an agreed point decided by the Acorn Education Trust Board; for a Deputy Head/Assistant Head by the Academy Council. The period of time for which the post is to be covered before a payment is made is 4 weeks. A payment will then be paid retrospectively from the beginning of the period of absence. Where the leadership member is not required to fulfil the full range of duties the Trust Board or Academy Council will review the salary of the teacher within 4 weeks of the duties being assigned to the teacher. Additional Payments Out-of-School Learning Activities Teachers (including the headteacher) who voluntarily agree to undertake learning activities outside of the normal academy hours which are funded wholly or mainly from external sources at the specific request of the headteacher (or the Chair of the Academy Council in the case of the headteacher) and whose salary range does not take account of such activity will be eligible for payment at an hourly rate which would be discussed and agreed with the teacher(s) when planning such an activity Appeals The arrangements for considering Appeals are as follows: A teacher may appeal against any determination in relation to their pay or any other decision taken by the Academy Council that affects their pay. The grounds for appeal are that the person or committee by whom the decision was made: a) incorrectly applied any provision of the Document; b) failed to have proper regard for statutory guidance; c) failed to take proper account of relevant evidence; d) took account of irrelevant or inaccurate evidence; e) was biased; or f) otherwise unlawfully discriminated against the teacher. The order of proceedings is as follows: Page 12

13 (i) (ii) (iii) (iv) (v) The teacher receives written confirmation of the pay determination and where applicable the basis on which the decision was made. If the teacher is not satisfied, they should seek to resolve this by discussing the matter informally with the headteacher within ten working days of the decision. (In the case of the headteacher, the matter should be referred to the chairman of the Acorn Education Trust Board.) Where this is not possible or where the teacher continues to be dissatisfied they may follow a formal appeal process. The teacher should set down in writing the grounds for questioning the pay decision (which must relate to the grounds as set out above) and send it to the headteacher within ten working days of the notification of the decision being appealed against or of the outcome of the discussion referred to above. Any appeal should be heard by a panel of three Academy Council members who were not involved in the original determination normally within 20 working days of the receipt of the written appeal notification and give the teacher the opportunity to make representations in person. The teacher is entitled to be accompanied by a colleague or union representative. The decision of the appeal panel will be given in writing, and where the appeal is rejected will include a note of the evidence considered and the reasons for the decision. The decision is final and there is no recourse to the staff grievance procedure. Page 13

14 APPENDIX 1 Application of Leadership Group Pay Progression Criteria Clarification Those on the leadership spine play a critical role in the life of the academy. They inspire confidence in those around them and work with others to create a shared strategic vision which motivates students and staff. They take the lead in enhancing standards of teaching and learning and engender enthusiasm and innovation in others. They have the confidence and ability to make management and organisational decisions and ensure equity, access and entitlement to learning. To achieve progression, the School Teachers Pay and Conditions Document (STPCD) requires individuals on the leadership spine to have demonstrated sustained high quality performance. To be fair and transparent, judgements must be properly rooted in evidence and there must have been a successful review of overall performance. A successful performance review, as prescribed by the appraisal regulations will involve a performance management process of: performance objectives; classroom observation (where relevant); other evidence To ensure that there has been high quality performance, the performance review will need to assess that the teacher has grown professionally by developing their leadership and (where relevant), teaching expertise. Page 14

15 APPENDIX 2 APPLICATION OF UPPER PAY SCALE PROGRESSION CRITERIA CLARIFICATION UPS3 teachers play a critical role in the life of the academy. They provide a role model for teaching and learning, make a distinctive contribution to the raising of student standards and contribute effectively to the work of the wider team. They take advantage of appropriate opportunities for professional development and use the outcomes effectively to improve students learning. The following paragraphs refer to all teachers seeking to progress on the Upper Pay Scale. To achieve progression, the School Teachers Pay and Conditions Document (STPCD) requires that the achievements of post-threshold teachers and their contribution to the academy should have been substantial and sustained. To be fair and transparent, judgements must be properly rooted in evidence and there must have been a successful review of overall performance. Progression on UPS should be based on two successful consecutive performance management reviews other than under the exceptional circumstances as set out in the STPCD. A successful performance review as prescribed by the appraisal regulations involves a performance management process of: performance objectives; classroom observation; other evidence. To ensure that the achievements and contribution have been substantial and sustained that performance review will need to assess that the teacher has: continued to meet threshold standards; and grown professionally by developing their teaching expertise post threshold. Page 15