BATOD
The British Association of Teachers of the Deaf
Promoting Excellence in Deaf Education

Model pay policy for Local Authority Specialist Services

Introduction

  1. The School Teachers' Pay and Conditions Document (available online at http://www.teachernet.gov.uk/pay and in hard copy from the DCSF, tel: 020 7925 5021), places a statutory duty on schools and relevant bodies, such as the Local Authority, to adopt a policy that sets out the basis on which they determine teachers' pay and establishes procedures for determining appeals.

  2. The ‘relevant body’ (as defined in the School Teachers' Pay and Conditions Document 2007 pg 231) means:
    1. in the case of a teacher at a school without a delegated budget, the authority by which the school is maintained;
    2. in the case of a teacher at a school which has a delegated budget, the governing body of that school, and
    3. in the case of a teacher employed in a Specialist Local Authority Services, the authority by which s/he is employed.

  3. This model policy covers all the key areas that a relevant body needs to consider. It complies with the Race Relations Act 1976, the Sex Discrimination Act 1978 and 1986, the Equal Pay Act 1970, the Disability Discrimination Act 1995, the Employment Rights Act 1996, the Employment Relations Act 1999 and the Employment Act 2002, as well as the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Employment Act 2002 (Dispute Resolution) Regulations and the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, The Employment Equality (Age) Regulations 2006, The Employment Equality (Sexual Orientation) Regulations 2003, and The Employment Equality (Religion and Belief) Regulations 2003 and the Education (School Teacher Performance Management) (England) Regulations 2006.

  4. This pay policy is in line with [relevant body] commitment to provide high standards of management for all its employees and with its Comprehensive Equality Policy. It will be used to recruit, retain, motivate and reward staff, taking account of the needs and circumstances of the Service and the Local Authority and of its plans and priorities for the future as outlined in the Service Improvement Plan. It will be applied to the pay of all staff employed to work in the Service, excluding any staff whose pay is not determined by the relevant body. It abides by the relevant pay provisions of the Conditions of Service that apply to different staff. It has been agreed by the whole relevant body, following consultation with professional associations and trade unions representing the Service employees. Its implementation, in relation to individual members of staff, including the Head of Service, will be carried out by a subcommittee of the relevant body, which has fully delegated powers and will thereafter be referred to, in this policy, as 'the pay committee'.

  5. The Pay Committee will consist of three ‘governors’. This committee will consist of an LA representative, a Headteacher from one of the LA’s schools and the parent of a child who is supported by the Service. The relevant body will review the terms of reference and the membership of this committee at least once a year. Except where it is considering the Head of Service's pay, the pay committee will be advised by the Head of Service who will normally put forward recommendations for consideration. It will meet at least twice a year to consider the salary position of all members of staff. It will keep up to date with developments on pay. The terms of reference of the Pay Committee are at Annex 1.

  6. The Head of Service and the LA should consult staff and unions on their pay policy and review it each year, or when other changes occur to the School Teachers’ Pay and Conditions Document, to ensure that it reflects the latest legal position. The pay policy should comply with the current School Teachers’ Pay and Conditions Document and the accompanying statutory guidance. It should be used in conjunction with them, but, in the event of any inadvertent contradictions, the Document and guidance take precedence.

  7. Confidentiality

    The pay committee will be prepared to explain decisions taken to interested persons but will not disclose material relating to an individual employee, or anyone proposed to be employed at the school, when it is satisfied that the information requested should remain confidential according to the law.

  8. Equal Opportunities Policy

    The pay committee will abide by all relevant legislation and in particular will not discriminate on grounds of age (except in relation to retirement), marital status, responsibility for dependants, membership or non-membership or activity connected with the membership of a trade union, HIV status, spent offences, sex, sexual orientation, transgender status or gender reassignment, colour, nationality, race, religion or belief, or disability. This list is not exhaustive. It will promote equality in all aspects of the work of the Service, particularly in relation to decisions on advertising of posts, appointing, promoting, paying, training and developing staff.

  9. Staffing structure and job descriptions

    1. The Head of Service will ensure that each member of staff is provided with a job description in accordance with the staffing structure agreed by the ‘governing’ body and published in line with the requirements of the Education (Review of Staffing Structure) (England) Regulations 2005. The staffing structure for the Service, revised as appropriate following the 2005 review of school staffing, as well as the implementation plan for bringing in changes, are at Annex 2.

    2. Job descriptions and selection criteria will be in place at the time of appointment. Job descriptions will identify key areas of responsibility and line management. They will be reviewed as part of the performance management process. Changes made in consultation with the individual member of staff will be reflected in the staffing structure.

  10. Maintenance or creation of differentials in school teacher posts

    The Pay Committee will ensure that appropriate differentials are created and maintained between posts in the Service in line with the requirements of the School Teachers' Pay and Conditions Document. These must recognise accountability and responsibilities and take into account the need for the relevant body to recruit, retain and motivate sufficient employees of the required quality at all levels.

  11. Pay discretions

    Criteria for the use of pay discretions are set out in this policy and discretionary awards will only be made in accordance with these criteria, thus ensuring that all new awards are dealt with on a fair and consistent basis.

  12. Support for staff

    The relevant body will endeavour to provide appropriate support for all staff including PPA, leadership and management time for teaching and other staff, as appropriate, in line with the requirements of the School Teachers Terms and Conditions Document. Due consideration should also be given to the support required by other staff who are employed on Local Government Services National Agreement on Pay and Conditions of Service. All members of staff will be told how the training and Continuing Professional Development (CPD) policy affects them and will have the opportunity to review their training and development needs with their line manager and with recognised trade unions, as appropriate. The relevant body will observe all health and safety requirements particularly with regards to working time. The relevant body notes that from September 2009, teachers should only rarely provide cover and the need to set interim targets to achieve this objective.

  13. Performance Management Appraisal

    1. Performance management of teachers and headteachers will take place in accordance with their contract of employment, the Education (School Teacher Performance Management) (England) Regulations 2006, the Service’s Performance Management Policy, the School Teachers’ Pay and Conditions Document and the Conditions of Service for Schoolteachers in England and Wales (‘The Burgundy Book’). While for pay progression purposes the regulations apply from 1st September 2008, the first performance management planning statement under the regulations will be completed by 31 October 2007 for teachers and 31 December 2007 for headteachers. For teachers on the Upper Pay Scale, on the Leadership Group or Advanced Skills Teachers (AST’s) the reviewer will make a recommendation to the pay committee. This policy should be read in conjunction with the Service’s Performance Management Policy which sets out the framework for the assessment of teachers and the headteacher’s overall performance.

    2. The appraisal of support staff will take place in accordance with the relevant body’s appraisal procedures; it will take into account the National Joint Council for Local Government Services National Agreement on Pay and Conditions of Service (‘The Green Book’).

  14. Procedures

    1. In agreeing the Service budget, the relevant body will ensure that appropriate funding is allocated for performance pay progression of teachers at all levels. The relevant body recognises that funding cannot be used as a criterion to determine Upper Pay Spine (UPS) pay progression of teachers.

    2. The Pay Committee has the delegated authority to take decisions relating to payment of staff in accordance with published performance management or appraisal procedures. In making decisions the Pay Committee will be mindful of the long-term consequences of any decision taken. The Head of Service has delegated authority to make recommendations to the Pay Committee in relation to the payment of staff.

    3. The Pay Committee will record the reasons for the award of any salary discretions. Decisions will be communicated to each individual member of staff, by the Head of Service, in writing. The Pay Committee will communicate in writing to the Head of Service decisions on his/her pay. (See also the School Teachers' Pay and Conditions Document 2007 para 4.4). An instruction to the Pay & Employment Information Team to amend pay from the relevant date will be issued immediately after the time limit for lodging an appeal has passed or immediately after an appeal has been concluded.

    4. The Pay Committee will review the salaries of teachers, deputy/assistant Heads of Services annually on or soon after 1 September and no later than by 31 October and for Heads of Services by 31 December and their decision will take effect from 1 September. Reviews may take place at other times of the year to reflect any changes in circumstances or job description that lead to a change in the basis for calculating an individual’s pay. The Pay Committee/Head of Service will provide each member of staff with a written statement in which his/her salary and any other financial benefits to which he/she is entitled, are set out, after each review.

    5. Where a pay determination leads or may lead to the start of a period of safeguarding, the relevant body will give the required notification to the teacher concerned as soon as possible and no later than one month after the date of the determination.

    6. The Pay Committee will not award teachers points on the UPS at less than two-year intervals.

    7. Each member of staff will receive before 31 October a written statement of the determination of his/her pay.

    8. Posts covered by the Local Government Services National Agreement on Pay and Conditions of Service
      1. The Pay Committee will review the duties and responsibilities of the support staff on an annual basis. It will determine the job descriptions, pay and grading of support staff within the framework of grades used by the Local Authority in accordance with its Job Evaluation Scheme, unless exceptional circumstances apply which should be submitted for consideration by a (higher Authority).

      2. Discretions open to the pay committee include the following considerations:
        • Are the salary grade or rate still appropriate to the responsibilities that are attached to the post?

        • Are honoraria appropriate considering additional tasks or responsibilities that are attached to the post?

        • Are accelerated increments appropriate?

      3. New appointments will normally be made to the minimum of the appropriate grade but the Pay Committee has the discretion to give increments in recognition of previous experience, taking account previous practice and advice. Appeals procedures are set out below.

  15. Appeals Procedure
    1. Each member of staff will receive, before 31 October, a written statement of the determination of his/her pay. Casual staff are also entitled to a written statement as appropriate, with their pay determined in the same way as that of other teachers or support staff.

    2. A member of staff may appeal against any determination in relation to his/her pay or any other decision taken by the Pay Committee that affects his/her pay. He/she should discuss the grounds for questioning the pay decision with the Head of Service first, before putting in writing, in the event of a further appeal, the considerations that the pay committee should address. The grounds for appeal are that the Pay Committee:
      • incorrectly applied a provision of the pay and conditions that apply;

      • failed to have proper regard to statutory guidance;

      • failed to take proper account of relevant evidence;

      • took account of irrelevant or inaccurate evidence;

      • was biased; or

      • otherwise unlawfully discriminated against the employee.

    3. Any appellant has the right to see all relevant papers, to make representations in person and be accompanied or represented, as appropriate. The relevant body should ensure that a model ‘Appeals Policy’ is in place and available to staff.

    4. Notification of any appeal against a Pay Committee salary determination must be received by the Head of Service within ten working days of the date of the written statement. The relevant body may extend that time limit if there are good reasons for doing so. If the Head of Service wishes to appeal, notification should go to the Chair of the Pay Committee within the same period of time. The Pay Committee should provide a hearing within ten working days of receipt of the written grounds for questioning the pay decision. The member of staff appealing must be given an opportunity to make representations in person and to be represented or accompanied by a trade union representative or a friend, who will normally be a work colleague. The decision of the Pay Committee, following the hearing, will be communicated in writing. Where the appeal is rejected, the communication will include a note of the evidence considered, outline the reasons for the decision taken and give the right of appeal.

    5. In the event of a further appeal, the relevant body will convene a Pay Appeals’ Committee, normally within 20 working days of the receipt of the written appeal notice, to hear the appeal. The relevant body may extend that time limit if there are good reasons for doing so. The member of staff will be given an opportunity to make representations in person and to be accompanied by a trade union representative or a friend, who will normally be a work colleague. The decision of the Pay Appeals’ Committee will be communicated in writing. Where the appeal is rejected, this communication will include a note of the evidence considered and outline the reasons for the decision. The decision of the Pay Appeals’ Committee is final.

  16. Leadership group pay

    The relevant body will determine how many deputy and assistant Head of Service posts are required that must be paid on the Leadership Spine because they include substantial strategic responsibilities for Service leadership. The relevant body will decide a range of pay points for each post as follows: seven for Head of Service and five for deputy and assistant Head of Service. Guidance on pay progression for the leadership group on the 43- point Leadership Spine is set out in the School Teachers' Pay and Conditions Document. (Part 3 para 6 and seq.) The Head of Service range should normally fall within one of eight overlapping groups, which depend on the size of the Service. Ranges for deputy and assistant Heads of Service should be set between the bottom of the Heads of Service range and the highest paid classroom teacher. The Pay Committee will determine the respective salary to be paid to each, taking into account the information available to determine the relative ranges that are appropriate. The Head of Service will make a recommendation to the Committee for up to two performance points to be awarded to a deputy or assistant Head of Service. The Committee will consider the award of up to two performance points in the case of the Head of Service. The decision will be informed by a review of overall performance and take into account advice from an external independent adviser. The salaries of the Head of Service, the deputy and assistant Heads of Service will be reviewed annually. A decision will be taken as to whether or not a performance point should be awarded for sustained high quality of performance against previously agreed criteria. The award of a performance point can only be made with effect from September. It is not possible to award a performance point at other times of the year.

  17. On appointing a Head of Service

    The relevant body will, when a new appointment needs to be made, determine the pay range to be advertised and agree pay on appointment:

    • having regard to the salary of the highest paid teacher and taking into account any other permanent payments (including UPS) made to staff within the Service, ensure that appropriate differentials are created and maintained between posts of differing responsibility and accountability. Thus, the pay range must be above the pay ranges of deputy/assistant Heads of Service;

    • having set a seven-point pay range. A Service Pay Range (SPR) should be determined according to the number of staff and pupils for whom the Head of Service is responsible. It should be based on similar criteria to that used in Special Schools, i.e. in accordance with the School Teachers' Pay and Conditions Document 2006 para 9 and seq.)

    The SPR is the Head of Service’s pay range. Newly appointed Heads of Service will not be paid at a point exceeding the third point above the minimum on the individual Service range. The SPR will be reviewed on a regular basis to take account of any change to the size/group of the Services, to recruit or retain an existing head. A SPR may be set that extends above the Service group maximum in order to retain an existing Head of Service. The pay committee will formally record the Service’s SPR and note the rationale for their decision. (Refer also to the School Teachers' Pay and Conditions Document 2006 paras 12.2.5 and 12.2.6)

  18. For a serving Head of Service

    1. The Head of Service must demonstrate sustained high quality of performance with particular regard to leadership, management and pupil progress. S/he will be subject to a review of performance against performance objectives before any performance points are awarded.

    2. The Pay Committee will determine the salary of a serving Head of Service:

      • having agreed performance objectives with him/her, taking account of the advice of a suitably qualified external adviser. The objectives will be agreed as early as possible in the autumn term and by October 31st at the latest;

      • being mindful of its duty to set performance objectives if agreement cannot be reached. This power will only be exercised as a last resort, after the appeals procedure has been exhausted. The general pay appeals’ procedure will apply. The Head of Service is, additionally, entitled to submit a written statement, commenting on any objectives set, which will be taken into account at the time of the review;

      • having reviewed the performance of the Head of Service against the performance objectives.

      Where objectives are met, an award of up to two points within the appropriate range can be made, which is paid from 1st September each year.

  19. On appointing a deputy/assistant Head of Service

    The Pay Committee will, when a new appointment needs to be made, determine the pay range to be advertised and agree pay on appointment having:

    • determined a deputy/assistant Head of Service pay range that is below the Head of Service's pay range;

    • taken account of any other permanent payments (including UPS) made to staff to ensure that appropriate differentials are created and maintained between posts of differing responsibility and accountability;

    • exercised its discretion to pay any of the bottom three points on the deputy/assistant Head of Service pay range, in order to secure the appointment of its preferred candidate.

  20. For serving deputy/assistant Heads of Service
    1. Deputy and assistant Heads of Service must demonstrate sustained high quality performance in respect of leadership and management. In addition, they must show that they are improving the academic and/or social performance of children and young people in schools and other relevant settings. They will be subject to a review of performance against their performance objectives before any performance points are awarded.

    2. Where objectives are met, the Pay Committee will review pay and award up to two points, having delegated to the Head of Service the agreement of performance objectives for pay purposes for the deputy/assistant Head of Service. Objectives will be agreed and reported to the Pay Committee as early as possible in the autumn term. The deputy/assistant Head of Service may agree objectives directly with the Pay Committee, where agreement between the Head of Service and the deputy/assistant Head of Service is not achieved.

    3. The Pay Committee will set performance objectives if agreement cannot be reached. This power will only be exercised as a last resort, after the appeals’ procedure has been exhausted. The general pay appeals’ procedure will apply. The deputy/assistant Head of Service is additionally entitled to submit a written statement commenting on any objectives set, which will be taken into account at the time of the review.

  21. Acting allowances
    1. The Pay Committee will consider awarding an acting allowance to a teacher assigned to carry out the duties of a member of the leadership group for a period of four weeks or more. The Pay Committee will, within a four-week period of the commencement of acting duties, determine whether or not the acting post holder will be paid an allowance. Such an allowance will be assessed as though the teacher were being appointed to the substantive post. Payment will normally be backdated to the commencement of duties. The payment of honoraria is not permitted under the terms of the School Teachers' Pay and Conditions Document.

    2. In the event of a planned and prolonged absence, an acting allowance will be agreed in advance and paid from the first day of absence.

  22. Management allowances
    1. Management allowances have been frozen at their 2003 cash values. They are linked to a clearly defined job description and teachers with similar levels of responsibility are awarded the same level of allowance. All management allowances, including those awarded before 1 April 2004, will be abolished before the end of 2008, (as a new staffing structure is established (see the Service’s staffing structure and implementation plan at Annex 2). No new management allowances will be awarded after 31 December 2005.

    2. The Pay Committee will follow the safeguarding arrangements set out in the School Teachers' Pay and Conditions Document.

  23. Teaching and Learning Responsibility Payments
    1. Teaching and Learning Responsibility Payments (TLRs) will be awarded to a teacher for undertaking a sustained additional weighty responsibility, in the context of the Service’s staffing structure, for the purpose of ensuring the continued delivery of high quality teaching and learning and for which he/she is made accountable.

    2. The criteria for TLRs are specified in the School Teachers Pay and Conditions Document; all the criteria have to be met for a TLR payment to be attached to a post. These are as follows:

      A TLR2 can be awarded for a significant responsibility not required of all classroom teachers and that

      • is focused on teaching and learning;

      • requires the exercise of a teacher’s professional skills and judgement;

      • requires the teacher to lead, manage and develop a subject or curriculum area, or to lead and manage pupil development across the curriculum;

      • has an impact on the educational progress of pupils beyond the teacher’s assigned classes or groups of pupils; and

      • involves leading, developing and enhancing practice of other staff.

      In addition, before awarding a TLR1 the pay committee must be satisfied that the significant responsibility includes line management responsibility for a significant number of people.

    3. TLR payments are drawn from two bands, details of which are in the School Teachers' Pay and Conditions Document.

    4. The pay committee notes that a teacher may not hold more than one TLR but that a TLR could be based on a job description, which includes different areas of significant responsibility. TLRs cannot be used where the responsibility is short term or fixed term except where a teacher is appointed to cover a post to which a TLR is attached.

  24. Recruitment and retention incentives and benefits
    1. The pay committee will make recruitment and retention payments where it deems such payments to be necessary in response to local recruitment and retention difficulties.

    2. It will pay recruitment awards of [£ *] for a maximum of three years in the following circumstances [for example to attract teachers to posts in shortage subjects or disciplines as defined by the Service; or after one or more advertisements have failed to produce a suitable candidate for appointment; please specify].

    3. It will pay retention awards of [£ *] for a maximum of three years. This may be extended in exceptional circumstances. The pay committee notes that incentives can include a cash sum, a percentage rating of salary, or defined benefits such as costs of health care provision. The pay committee will review the level of payments/benefits annually.

    4. The pay committee will make such payments on the basis of clearly defined criteria, which will be applied on a non-discriminatory basis. The committee will review the level of payment annually.

  25. SEN allowances (*delete and specify as appropriate)
    1. SEN allowance 1 will be awarded to all teachers who are employed to work in Specialist SEN Services.

      ([If a mainstream school] SEN allowance 1 will be awarded to all classroom and specialist teachers who are engaged wholly or mainly in taking charge of special classes of children who are hearing impaired or who teach pupils with statements of special educational needs in designated classes. In this respect, a 'special class' is defined as [insert definition*].

      [If a mainstream school] SEN allowance 1 may also be awarded to classroom and specialist teachers who make a particular contribution to the teaching of pupils with special educational needs, which is significantly greater than that which would normally be expected of a classroom teacher [insert circumstances here*].)

    2. SEN allowance 2 will be awarded to Specialist Service teachers who qualify for SEN allowance 1 and who either hold a recognised special needs qualification [specify*] or [specify the range of other activities that will attract the award*]. SEN allowance 2 must be paid to a specialist Service teacher who holds a mandatory qualification in the teaching of deaf, and/or blind and partially sighted, and/or multi-sensory impaired children.

  26. Excellent Teacher Scheme (ETS)
    1. The relevant body notes that it has the power to create ETS posts for experienced ‘classroom’ teachers. The scheme will be considered each year. A teacher who has been paid on U3 for at least 2 years is eligible to apply for accreditation as an Excellent Teacher and can then be appointed to a designated excellent teacher post. He/she will initially be remunerated by a spot salary before moving to a salary range from September 2008

    2. An excellent teacher post should include responsibility for
      • the induction of newly qualified teachers

      • professional mentoring of other teachers

      • sharing good practice through demonstration lessons

      • helping teachers to develop their expertise in planning, preparation and assessment

      • helping other teachers to evaluate the impact of their teaching on pupils

      • undertaking classroom observations to assist and support the performance management process;

      • helping teachers improve their teaching practice including those on capability procedures

    3. A teacher’s application to be appointed to the ETS must be endorsed by the Head of Service.

  27. Advanced Skills Teacher (AST)
    The Advanced Skills Teacher grade offers excellent teachers the opportunity to continue teaching and use their skills to enhance the performance of other teachers. The grade has an 27 point spine. An AST is paid within a five-point range, which is based primarily on the nature of the work undertaken. The Pay Committee will consider recommendations made by the Head of Service on the appointment of ASTs, as appropriate, and AST posts will be identified in the school's staffing structure. The AST’s point range must be in accordance with the Service’s policy on pay differentials and therefore not be paid more than the Head of Service.

  28. Pay scale for teachers
    1. All qualified teachers, other than ASTs, will be placed on the appropriate point of the Classroom Teachers' Pay Spine or on the Upper Pay Scale if they are post-threshold teachers. The pay committee notes that teachers who trained in any of the countries within the EEA are considered to be fully qualified teachers once they have registered with the GTC. A teacher who is not a post-threshold teacher must be placed on the six- point salary spine. Teachers are paid an annual salary for a maximum of 195 days and 1,265 hours with an allowance for Planning, Preparation and Assessment (PPA). For a full-time teacher this amounts to a total of 1265 hours of directed time per year. Certain points must be awarded mandatorily and in accordance with the relevant School Teachers' Pay and Conditions Document.

    2. The Pay Committee has discretion to award further points in appropriate circumstances (STP&C Document). In exercising this discretion the Pay Committee will treat employees fairly and consistently, taking into account the requirements of equal opportunities legislation. The position of each teacher on the main scale salary spine will be reviewed for 1st September each year. Teachers will receive one extra point for each year of satisfactory performance. The Pay Committee or Head of Service will give a statement to each teacher each year, which sets out how his/her salary has been determined.

    3. All newly qualified teachers will start at minimum point M1, irrespective of degree qualifications. Where, exceptionally, a newly qualified teacher has been appointed to start in July in the year in which they qualify they will be paid on an unqualified teacher scale until 1 August of that year. The Pay Committee will determine the point above the minimum point on the pay scale on which each individual teacher will be placed on the basis of the criteria for the attribution of mandatory points published in the Document.

    4. For all teachers employed since 1 September 2002, one point will be awarded for each year of employment as a qualified teacher in an LA school, an LA specialist Service, an MOD school, an Education Action Forum or within state sector schools in the European Economic Area (EEA) and Switzerland, up to the maximum of the scale. Service prior to September 2002 will be determined as outlined in the School Teachers' Pay and Conditions Document.

    5. When placing a specialist Service teacher on the main scale, the Pay Committee will consider awarding an extra point or points in recognition of other relevant experience that would not attract mandatory points as follows:
      • one point on the main scale for each year of service as a qualified teacher in a City Academy, a City Technology College, a city college for the technology of the arts or independent school;

      • one point on the main scale for each year of service as a qualified teacher in an overseas school, outside the EEA or Switzerland, in the maintained sector of the country concerned;

      • one point on the main scale for each year of service teaching in further education, including sixth-form colleges or in higher education;

      • one point on the main scale for each period of three years of experience outside teaching but working in a relevant area which might include industrial or commercial braining and experience with children/ young people.

        A year is deemed to be employment for at least 26 weeks in an academic year.

    6. A point may be withheld in a year when a teacher has performed unsatisfactorily. The Pay Committee may exercise this discretion only in the context of a formal capability procedure. The Pay Committee will restore the withheld point at the conclusion of the capability procedure where satisfactory performance has been achieved.

    7. The Pay Committee has the discretion to award one additional experience point where the teacher's performance in the previous 12 months was excellent, having regard to all aspects of his/her professional duties, but particularly with regard to his/her teaching.

  29. Threshold and UPS
    1. The threshold provides an opportunity for good teachers to progress to a higher salary range. The Pay Committee will move teachers who have been successful in their application for threshold assessment onto the UPS (point 1) where they have completed a year on the pay scale for teachers (at point 6). A teacher may apply for threshold assessment to the Head of Service at any time in the year, up to and including 31 August. (See also the School Teachers' Pay and Conditions Document)

    2. The Pay Committee notes that there is no automatic pay progression for teachers on the UPS and that pay progression will be reviewed (and one point awarded where applicable) every two years. Progression on the Upper Pay Spine is performance based and requires sustained and substantial performance and contribution to the Service school, as a teacher.

    3. For post-threshold teachers, the Pay Committee will ensure that a review against performance objectives is undertaken annually, in accordance with the Service's agreed performance management policy. In reaching its decision, the Pay Committee will seek and take into account the advice and recommendations of the Head of Service.

    4. Progression on the Upper Pay Spine will be based on two successful consecutive performance management reviews. Post-threshold teachers may not normally be awarded a further point on the Upper Pay Spine more frequently than at two-year intervals. The Pay Committee will refer to the provisions set out in the School Teachers' Pay and Conditions Document when considering pay progression for post-threshold teachers.

  30. Unqualified teachers
    1. Unqualified teachers will be appointed on a fixed term contract, for a maximum of twelve months, where no suitably qualified teacher could be recruited. The Pay Committee will determine where a newly appointed unqualified teacher will enter the pay scale for unqualified teachers, having regard to any relevant qualifications or experiences s/he may have.

    2. The Pay Committee may pay an additional allowance to unqualified teachers when it considers their basic salary is not adequate given their responsibilities, qualifications and experience; it will pay an unqualified teacher on one of the employment-based routes into teaching (the Graduate Teacher/Registered Teacher or the Overseas Trained Teacher Programmes), either on the qualified or on the unqualified teacher pay scale, as appropriate.

    3. The Pay Committee will consider awarding an unqualified teacher on a case by case basis, consistently and having regard to equal opportunities, fairness and transparency, additional points as follows:
      • one point on the unqualified teachers' scale for each year of service as an overseas trained teacher in teaching posts in the country in which they qualified, if outside the European Economic Area and Switzerland;

      • one point on the unqualified teachers' scale for each year of service in further education, including sixth form colleges or in higher education;

      • one point on the unqualified teachers’ scale for each academic year spent outside teaching but working in a relevant area (which might include industrial or commercial training, time spent working in an occupation relevant to the teacher's work at the school and experience with children/young people);

      • one point on the scale for each period of three academic years spent outside teaching but not working in a relevant area.

  31. Part-time and supply/short-notice teachers
    1. The Pay Committee will give teachers who work less than a full day or week, but who are employed on an ongoing basis by the Service, a written statement detailing their working time obligations and the mechanism used to determine their pay. Part-time teachers are, like full-time teachers, entitled to a minimum of 10% of timetabled teaching time for Planning, Preparation and Assessment (PPA).

    2. The relevant body will pay short-notice/supply teachers at a daily rate of 1/195th of the appropriate annual pay, which they would receive if engaged on a regular contract.

    3. Where such teachers are employed for a full term or more, they will be paid under contract rather than as supply.

    4. Such teachers will be paid the daily rate if they have taught for the full pupil day and are able and willing to work for up to the recommended 6.5 hours, even if they are not required to work any additional hours beyond the end of the pupil day. In exceptional circumstances, supply teachers can be paid at an hourly rate.

  32. Support staff
    1. The Pay Committee will review the duties and responsibilities of the support staff on an annual basis. It will determine the job descriptions, pay and grading of support staff within the framework of grades used by the LA in accordance with its Job Evaluation Scheme, unless exceptional circumstances apply which should be submitted for the consideration of the LA’s ‘Director’. Discretions open to the pay committee include the following considerations:
      • Is the salary grade or rate still appropriate to the responsibilities that are attached to the post?

      • Are honoraria appropriate considering additional tasks or responsibilities that are attached to the post?

      • Are accelerated increments appropriate?

      The Pay Committee must consider any representations that the LA’s ‘Director’ makes on the grading and remuneration of support staff and respond in writing.

    2. New appointments will normally be made to the minimum of the appropriate grade but the Pay Committee has the discretion to give increments in recognition of previous experience, taking account previous practice and advice. Appeals procedures are set out in paragraph 14 above.

  33. Part-time and supply/short-notice teachers
    1. The pay committee will give teachers who work less than a full day or week, but who are employed on an ongoing basis at the school, a written statement detailing their working time obligations and the mechanism used to determine their pay. Part-time teachers are, like full-time teachers, entitled to 10% of timetabled teaching time for Planning, Preparation and Assessment (PPA).

    2. The governing body will pay short-notice/supply teachers at a daily rate of 1/195th of the appropriate annual pay, which they would receive if engaged on a regular contract.

    3. Where such teachers are employed for a full term or more, they will be paid under contract rather than as supply.

    4. Such teachers will be paid the daily rate if they have taught for the full pupil day and are able and willing to work for up to the recommended 6.5 hours, even if they are not required to work any additional hours beyond the end of the pupil day. In exceptional circumstances, supply teachers can be paid at an hourly rate.

    Part-time Employees
    The Pay Committee will apply the provisions of this policy on a pro rata basis to all part-time employees. The Pay Committee will act in accordance with the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

  34. Additional payments
    The relevant body may make payments as it sees fit to a teacher, including a Head of Service, as allowed by the School Teachers' Pay and Conditions Document in respect of:
    • voluntary continuing professional development undertaken outside the school day;

    • voluntary activities relating to the provision of initial teacher training;

    • voluntary participation in learning activities, for example summer schools, homework club, outside normal working hours.

  35. Review
    The relevant body approved this pay policy on [date]. It will be reviewed no later than at the beginning of each academic year, to take account of changes to pay and conditions legislation and advice issued by the Local Authority. A copy of the policy will be given to each member of staff and to every member of the Pay Committee.

Annex 1

Terms of Reference for the Pay Committee

The terms of reference refer specifically to the Service's pay policy and are as follows:
  1. to ensure that the aims of the Service's pay policy are met;

  2. to ensure that the policy relating to teachers' salaries complies with the most recent legislation and that policy relating to support staff fully reflects national and local conditions of service;

  3. to operate within statutory pay frameworks, national and local agreements and within employment legislation, ensuring compliance with the Race Relations Act 1976, the Sex Discrimination Act 1975, the Equal Pay Act 1970, the Employment Rights Act 1996, the Employment Relations Act 1999, the Disability Discrimination Act 1995 and the Employment Act 2002, as well as the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Employment Act 2002 (Dispute Resolution) Regulations, the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Employment Equality (Age) Regulations 2006 and the Education (Schools Teachers Performance Management) (England) Regulations 2006.

  4. to try to ensure that the pay policy meets the needs of the Service to recruit, retain, develop and motivate staff;

  5. to decide how information concerning all Teaching and Learning Responsibility (TLR) payments, allowances (including temporary and acting allowances), vacant posts and enhancements to salary shall be made known to all staff including those on maternity leave, adoption leave or long-term sick leave;

  6. to have regard to the need for proper pay relativity within the Service;

  7. to recognise, within the salary structure, increased responsibility, whether temporary or permanent;

  8. to determine the policy in relation to discretionary awards and to identify criteria to be used when discretionary payments are made. Such payments will be made in a fair, objective, open and accountable manner and reasons for decisions taken minuted;

  9. to inform staff that discretionary payments will only be awarded at the time of the annual review of salaries, unless exceptional circumstances justify an award at another time;

  10. to determine whether recruitment and retention incentives and benefits should be offered to new or existing teachers and if so their nature, value, duration and the circumstances in which they will be paid, having regard to relevant paragraphs of the School Teachers' Pay and Conditions Document;

  11. to ensure that clear written job descriptions are in place and that performance management reviews and appraisals take place as appropriate;

  12. to ensure that detailed records are kept of all matters relating to salaries;

  13. to ensure that staff are aware of the procedures for presenting their case for review to the pay committee;

  14. to ensure that the staff know the procedure whereby an appeal may be made, including an appeal to the pay appeals committee, if required;

  15. to arrange the annual review of staff salaries and the issuing of statements as required by legislation;

  16. to decide upon movement of post threshold teachers on the Upper Pay Spine (UPS), on the basis of the recommendations of the Head of Service;

  17. to arrange for the annual review of the Pay Policy in full consultation with the staff and unions, as appropriate;

  18. to minute and report as a confidential item, without comment or discussion (in order to protect the appeals procedure) to a meeting of the relevant body, decisions of the Pay Committee;

  19. to ensure that a staffing structure describing each post, its salary range and pay point, including any TLR or allowance, is available for perusal by all staff;

  20. to direct the Head of Service to advise the relevant body and staff that the revised staffing structure and implementation plan have been finalised for the school year following the conclusion of any consultation as appropriate;

  21. to work closely with the relevant body in relation to finance;

  22. to ensure that procedures required by the Education (School Government) Regulations 1989 (and subsequent amendments) are complied with, especially with regard to agenda and minutes.

Annex 2

The staffing structure and implementation plan for [Name*] Service

(The Service must append its own documentation, developed following consultation with employees and their trade union representatives as required.)