School teachers’ pay and conditions: 2019 update

The Department for Education has published the 2019 update to school teachers’ pay and conditions

From this year onwards, the document is applicable to England only as the secretary of state no longer has power to prescribe teachers’ pay and conditions for teachers in Wales.
The document and statutory guidance have been amended in response to the recommendations in the 29^th  report of the School Teachers’ Review Body (the STRB), published on 22 July 2019. In the main changes to the document and accompanying guidance since 2018 make provision for the September 2019 pay award and the devolution of teachers’ pay arrangements in Wales from September 2018.
When the order comes into force on 11 October 2019 this document will replace the 2019 document given effect by the School Teachers’ Pay and Conditions Order 2018. The provisions of section two of this document will have retrospective effect from 1st September 2019 as provided for in the order.
September 2019 pay award
In response to the recommendations of the STRB’s 29^th report, from 1 September 2019:

• a 2.75% uplift has been applied to the statutory minima and maxima of all pay ranges and allowances;
• except for teachers and leaders on the minima of their respective ranges, or group ranges, schools must determine – in accordance with their own pay policy – how to take account of the uplift to the national framework in making individual pay progression decisions;
• all pay uplifts will be backdated to 1 September 2019.

Entitlement to salary and allowances

• The relevant body must determine that a graduate teacher, or a teacher on the employment-based teacher training scheme, is to:

a) be paid and be eligible for allowances as a qualified teacher; or
b) be paid and be eligible for allowances as an unqualified teacher.

• A teacher employed on a part-time basis is entitled to remuneration consisting of a salary and any allowances to which the teacher is entitled.
• A teacher employed in a school which has a delegated budget is entitled to be paid by the authority any remuneration to which the teacher is entitled by virtue of the provisions of this document or any determinations made under it.

 
Pay policy and grievance procedures
The relevant body must:
a) adopt a policy that sets out the basis on which it determines teachers’ pay, and the date by which it will determine teachers’ annual pay reviews; and
b) establish procedures for addressing teachers’ grievances in relation to their pay in accordance with the ACAS Code of Practice.
Timings of salary determination and notification
The determination of the remuneration of a teacher must be made:
a) annually, with effect from 1 September;
b) whenever a teacher takes up a new post (including taking up a post in the leadership group, or the duties assigned to a teacher paid on the pay range for leading practitioners) on a date other than that stated in the school’s pay policy for the annual salary determination, with effect from the teacher taking up that post;
c) where a teacher becomes entitled to be paid on the upper pay range pursuant to paragraph 14;
d) at any other time when a change falls to be made to a teacher’s salary in any circumstances provided for in this document.

• When determining the remuneration of a teacher, the relevant body must have regard to its pay policy and to the teacher’s particular post within its staffing structure.
• Where the relevant body determines to reduce a teacher’s remuneration, that determination must take effect no earlier than the date on which it was actually made.

When the relevant body has determined the remuneration of a teacher it must, at the earliest opportunity – and in any event not later than one month after the determination – ensure that the teacher is notified in writing of that determination; of any payments or other financial benefits awarded under paragraph 27 of the full document; of any safeguarded sums to which the teacher is entitled under paragraphs 29 to 36; where a copy of the school’s staffing structure and pay policy may be inspected; and:

1. in a case where the teacher is a member of the leadership group, or is paid on the pay range for leading practitioners, of the basis on which remuneration has been determined and the criteria (including performance objectives where the teacher is not subject to the 2012 Regulations) on which the salary will be reviewed in the future; 10
2. in a case where the teacher was appointed as a member of the leadership group, or on the pay range for leading practitioners for a fixed period or under a fixed-term contract, of the date or, where appropriate, the circumstance, the occurrence of which will bring the fixed period or fixed-term contract to an end;
3. in a case where the teacher is a classroom teacher, or an unqualified teacher, in respect of whom the relevant body has made a determination under paragraph 1.2(a), of:

a) the teacher’s position within the pay ranges set out in paragraphs 13 and 14;
b) the nature and value of any allowance awarded under paragraph 21; and
c)in relation to any teaching and learning responsibility payment (TLR) awarded under paragraph 20, its value, the nature of the significant responsibility for which it was awarded and, if the award is made whilst the teacher occupies another post in the absence of a post-holder, the date on which, as well as any circumstances in which (if occurring earlier than that date), it will come to an end and, for TLR3s, a statement that the TLR will not be safeguarded.

3. in a case where the teacher is an unqualified teacher to whom paragraph 3.4(c) does not apply, of:

a) the teacher’s position within the unqualified teachers’ pay range determined under paragraph 17; and
b) the value of any unqualified teacher’s allowance awarded under paragraph 22 and the additional responsibility, qualifications or experience in respect of which the allowance was awarded.
Leadership group pay
The determination of leadership group pay introduced in the 2014 document should only be applied to individuals appointed to a leadership post on or after 1 September 2014, or whose responsibilities have significantly changed on or after that date.
It will be for the governing body to determine, in the light of a school’s particular circumstances and context, the extent to which any change should be regarded as ‘significant’. In doing so, the governing body will want to pay particular attention to the extent to which the change creates new levels of accountability and responsibility for the leadership group member or members.
Schools may choose to review the pay of all of their leadership posts, in accordance with the new arrangements introduced in the 2014 document, if they determine that this is required to maintain consistency either with pay arrangements for new appointments to the leadership group made on or after 1 September 2014 or with pay arrangements for a member or members of the leadership group whose responsibilities have significantly changed on or after that date.
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