Managing An Additional School – Rewarding the Head and Other Affected Teachers *

What options does a Governing Body have to reward their Head Teacher for leading an additional school? This is the second in our series of articles about the changes introduced in the School Teachers’ Pay and Conditions Document 2014 (STPCD).

The options differ according to whether the change is a:

  • Permanent arrangement;
  • Temporary arrangement e.g. to evaluate whether a permanent federation or collaboration would be beneficial for both schools;
  • Secondment to a school causing concern.

Maintained schools are obliged to apply the terms of STPCD 2014 but academies have the freedom to create their own reward packages which could differ from the points below.

Leading an Additional School on a Permanent Basis

If the second or additional school is a permanent responsibility then the Governors should recalculate the Individual School Range to take account of the total number of pupils at both (all) schools. The method of calculation is set out in sections 6 and 7 of the STPCD 2014.

That should enable the Governors to set a pay range that reflects the demands of the Head Teacher’s role. See our earlier article about the freedom that Governors have to set the actual pay range. {Editor’s note – link to be updated}

Leading an Additional School for a Temporary period

This may arise when the Governing Body is considering a future federation or formal collaboration arrangement with a second or additional school. The Head may be asked to lead the second school for a fixed period so that the Governors, of both schools, can evaluate whether such an arrangement would be beneficial on a permanent basis.

In a temporary situation, the ISR is not changed as the Governing Body may award a temporary allowance to the Head Teacher of up to 25% of the Head’s annual salary.

The payment of the allowance is subject to several conditions:

  • Responsibility for the additional school must not have been taken into account in any salary or allowance increase previously;
  • The 25% cap does not have to take into account specific allowances paid to the Head Teacher – a residential allowance or an allowance for relocation or housing which relate solely to the personal circumstances of the Head.
  • The overall salary and allowances of the head teacher must not exceed 25% above the maximum of the head teacher group unless there are exceptional circumstances. If the Governing Body believe that this limit does not provide an appropriate reward for the Head’s role, the Governors are required to obtain external, independent advice before producing a business case for the full Governing Body to approve.

Governors should note that:

  • The temporary arrangement should not be for more than two years and
  • If the arrangement proves unsatisfactory or expire, neither Governing Body will be required to protect the ‘higher’ allowance/salary as the salary safeguarding provisions do not apply in this type of temporary situation.

Two years can pass rapidly so the Governing Body should consider establishing progress indicators and reviews during the temporary period. Those will help with the final decision as to whether to become a federation etc. and also help to ensure that sufficient time is allowed for the formalities to be concluded by the end of the temporary period.

Rewarding Other Teachers if a Second or Additional School is Taken On

When a Head takes on the the leadership of another school, that may require other teachers to take on additional responsibilities for the same temporary period. Depending on the staffing structure, it may be preferable to adjust the Deputy Head Teacher’s pay range temporarily to take account of the increased responsibilities in the absence of the headteacher.

In some cases, teachers may be required to perform additional obligations. Those teachers may be paid an allowance on a temporary basis but that will depend on the particular circumstances. Such allowances should only be provided to teaching posts which are affected significantly by the change. Section 11 of the Management Notes states, “This will be based on any additional responsibilities attached to the post (not the teacher), which should be recorded. An increase in remuneration should only be agreed where the post accrues extra responsibilities as a result of the head teacher’s enlarged role; it is not automatic.”

Such an allowance for a teacher would not attract salary safeguarding when the temporary period finishes.

Temporary Secondment of Head Teacher to a School Causing Concern

This is the third scenario and the STPCD is gradually reflecting the various situations that arise in the leadership arrangements of schools.

The Head Teacher may be rewarded by the payment of a lump sum. That is subject to an overall cap as the head’s total salary and allowances must not exceed 25% of the salary maximum. Note that this is defined as 25% of the head teacher’s pay group of the school to which the secondment is made.

Payment of the lump sum is conditional on the sum being awarded to recognise, “sustained high quality of performance throughout the secondments” (Section 24.1 of the STPCD).

A variation to the terms of employment of the Head should be produced and set out what will happen at the end of the temporary period i.e the head will return to his former substantive role and also deal with the other issues that often arise in secondments.

© 2014 HR Management Dimensions

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Marketing the Benefits of Your School

Focusing on the benefits valued by parents etc. rather than a list of the school’s features is important.  You can read more about that in an earlier article. You should not assume that what you value is the same as what parents value. So how do you find out what those values are?

Small Focus Groups to Establish Parents’ Criteria

Start by investing time in small focus groups. Invite a few parents/carers to a neutral venue to discuss these types of questions:

  • What do you believe it is important to consider when choosing a school for your child or grandchild?
  • Which of those would you view as the most important in deciding which school to select?

Invitees to the focus groups should be drawn from a range of users:

  • parents who have recently had children join the school;
  • those searching for a school;
  • parents whose children are in the last year of the school;
  • estate agents to identify what parents ask them about schools in the area.

The invitees above should provide a cross section of ages and potentially differing perspectives.

In addition, you should hold focus groups for a cross section of children in the school to establish what they value especially those who have joined recently and those who are in the final year and may be more reflective about what they now value about their school.

Avoid Bias in Collating the Feedback

Identifying their views is not easy as they will need help to open up about what they truly value. Collating those views and then establishing the common values can be difficult and carries the risk that you may allow your views to influence the sifting of the data. Remain objective throughout or arrange for a third party to undertake the discussion and collation stages.

A survey may be helpful but that should either be preceded or followed up by focus groups, as above, to explore the issues in more detail and to gain a real sense of which values are more important to parents/carers.

The results can then be used to help you to focus your promotion of the school in brochures, your web site, articles in local papers and in text provided to local estate agents and similar services.

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Marketing Your School – winning hearts and minds

Schools are in competition for pupils and to gain and retain an effective reputation amongst parents/carers. Whether or not you realise it,

you need to market the benefits of your school to win the hearts and minds of parents so that your school remains well attended and has the commitment of parents to the success of the school and of the children.

Focus on Emotional Benefits

An attractive and informative web site and brochure setting out the features of the school is a help but more is needed.  Other schools will also produce similar materials so what will make a difference?  Listing features such as ease of parking is not a deciding factor.  Service companies have learned over the years that the loyalty of customers is won through the emotional benefits that your service and experience provides to them.  For example, Center Parcs learned that their guests, within a short time of arriving, would unwind rapidly and valued the security of the site.  That was a strong emotional benefit experienced by guests when on site and led to their loyalty.

Marketing Ideas

Emotional benefits are relevant to the marketing of schools as well. What key emotional benefits will parents experience if their child goes to your the school e.g. attainment levels, physical and mental development, character building to make their way in life, a secure environment, catch up teaching time?  Identifying what is important to your current and future parents is important.  Next, you have to consider how best to convey that to those considering your school.  Testimonials from parents who have experienced key benefits is a powerful influence and those parents will also be your ambassadors in the communities in which they live and work.

Beside communicating with parents, what other interested parties should be approached?  Have you identified housing developers in your area as they may wish to publicise the nearby facilities such as schools. Also consider alerting estate agents to the age range and facilities at your school e.g. nursery, 6th form. Produce a leaflet of the key emotional benefits as well as the facilities for estate agents to include in a pack for prospective home buyers. Make sure your web site contains key words that describe the facilities and benefits as this will help your school pages to appear in searches made by parents in the area or thinking of moving into the area.

You could just list your features in a brochure but do no be surprised if the children pass your school by on a bus or in a car with a parent and have no idea as to the benefits that are offered at your school.

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Strategic Strings to Pull for School Governors

Can school leaders do more to raise the satisfaction of staff?  Like many organisations, schools face challenges which in their case are to:

  • Raise the learning outcomes for students;
  • Continuously improve the performance of staff;
  • Balance the budget.

An additional issue appears to be the low morale amongst teachers because of the constant changes in curriculum, the pressure of observations, pupil progress targets and the perception that teachers are not valued by parents,  the community nor the DfE at times.

Raising the Satisfaction of Teachers

Can school leaders do more to raise the satisfaction of staff? Yes, they can as there are certain levers they can use for that purpose. This is not a new problem as an insight was given in 2000 by the Head of OFSTED who, “argued that the morale of the teaching profession is affected by the quality of teaching provided within it.”  In The Guardian (4 September 2000) , he wrote, ‘The only way the morale of the profession is going to improve is when teachers teach better. Because when teachers teach better, children will learn more, and when children learn more their parents will respect teachers more. And when teachers have got the respect of parents in the community they are going to feel better about themselves.” (1)

This reciprocal reinforcement of satisfaction between ‘customers’ and staff is a well known effect in service organisations. Studies have shown that customer satisfaction and employee satisfaction are intertwined – each feed of the other and the level of staff satisfaction increases with consequent tangible improvements in staff performance and outcomes. In a service company that effect is seen in additional sales to customers and customer loyalty.  Schools are not profit organisations but the quote above is strikingly similar to the effects of the Service Profit Chain which was published in the Harvard Business Review (2). This was based on a series of premises that as an employee meets the needs of a customer, the satisfaction of the latter results in a reciprocal satisfaction for the employee. Although titled the Service Profit Chain, the premises are translatable to a teaching environment. As the learning of students improves and positive outcomes are commented upon by pupils, parents, colleagues as well as evidence from data, the professional satisfaction of a teacher increases and that reinforces the teacher’s commitment to develop students/pupils.

Strategic Mapping by Governors and Leadership Team

The term engagement is used frequently today as though it is the solution to organisational problems. It is important and requires the investment of management time and trust but engagement alone is not enough. Governors have to help the head teacher and leadership team to see the wider picture involved in raising the performance of the school and satisfying the stakeholders, staff, students and parents. A strategic map is required so that all can see what is to be achieved, when, and as important in a service organisation, how. This is even more important now that performance objectives and progression are linked to pay. Without a strategic map, the risk is that performance objectives will not be joined up so as to deliver the overall strategy.

Aids to Strategic Mapping

There are various strategic models for educational organisations but many omit key aspects of the strategic journey. One method is to adapt the balanced scorecard to the school environment. The real purpose of the balanced scorecard aid is in translating your strategy/vision for the school into clear strategic objectives that will deliver your vision and strategic goals. The name balanced scorecard is derived from looking at the way forward from four aspects. To achieve our vision:

a. How should we appear to our customers i.e. students and parents/guardians? (customer focus)
b. How will we maintain our ability to change and improve? (learning and growth)
c. How do we need to change and improve our support processes? (internal/support processes)
d. How should we appear to our stakeholders – LA or Trust, DfE and other agencies? (financial/service outcomes)

Key objectives are then set under each of those areas, as appropriate, so that the inter-dependencies can be seen.

For example under b, one objective may be to increase the understanding and use by teaching staff of pupil achievement data in order to raise learning outcomes. Governors also need to understand what the data trends are indicating and to encourage the switching of funds accordingly to improve weak areas. Focus on this area may also highlight that you need to improve your internal processes so that such data can be accessed easily and promptly. Hence, another objective under internal processes may be of that nature. In this way the cause and effect network can be seen more clearly.

Returning for a moment to the theme of teacher satisfaction and student development, objectives under b and a should also lead to increased satisfaction of teaching staff and also of pupils.

As you will gather, a strategic map still needs original thought as to what the vision should be and what are the key strategic goals based on that.  Aids such as the balanced scorecard (3) may help to ensure the success of your strategy by looking at the goals from key aspects that often underpin the service needs within a school.  However, it is better to keep the process simple to start with to serve the school’s needs.

Sources:
(1)  Quoted from HEADING TOWARDS EXCELLENCE by (Sir) John R Rowling, Trentham Books 2002.
(2) The Service Profit Chain, James L. Heskett, W. Earl Sasser, Leonard A. Schlesinger, Harvard Business Review
(3) Kaplan, Robert S.; Norton, David P. (Jan-Feb) [1992], “The Balanced Scorecard – Measures that Drive Performance”, Harvard Business Review

If you would like help in using strategic mapping to raise performance, you can contact the author via this link or by phone (see the footer for contact details).

© 2013 HR Management Dimensions

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Fact and Fiction in School Pay Policies

With the requirement to produce a revised pay policy, it appears that some schools have allowed fact and fiction to creep into their policies.

 

Fact v Fiction in a School’s Pay Policy

It is a fact that schools must flesh out their pay policies for teachers including salary progression along the pay ranges, which, in most instances, should be based on performance.  However, some schools have convinced themselves that the School Teachers’ Pay and Conditions Document 2013 (STPCD) contains additional factual requirements for an individual to progress along the salary range.

A repeated example of this is the insertion, in pay policies, of a condition requiring a teacher on the Upper Pay Range to make an application for progression from UPR 1 or 2 to the next salary point. There is no such requirement in the statutory terms. There is a requirement for a Main Range Teacher to apply to be placed on the Upper Pay Range but once on that range an application is not required to progress to UPR 2 or 3.  One of the tenets of the changes introduced by the 2013 Document is, “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.”

Exercising Discretion in Salary Progression

Although a school has some discretion in the method of progression, School Governors and Head Teachers should note that the invention of fictional conditions that have no statutory backing will make it very difficult for the Governing Body of a maintained school to defend such a practice.

Schools are subject to general employment law and to statutory regulations, under education law, that govern the employment terms of teachers and support staff.

Academies and Free Schools have wider discretion as to how and what to pay their teaching staff as they are not bound to implement the School Teachers’ Pay and Conditions Document.  However, unreasonable conditions may not be upheld by the Courts.

Other anomalous conditions are arising. Shortly, we shall publish a check list so that you can feel confident that your school’s pay policy is effective, contains appropriate flexibility and is compliant.

By the way, in the excitement of reviewing your school’s examination results and, hopefully enjoying your summer break, you may not have noticed that the DfE have issued the September edition of the School Teachers’ Pay and Conditions Document 2013.  Another reason to ensure that you receive alerts to new articles and update on this blog site.  To be alerted, click the link in the left hand column of this page.

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Academies Act 2010 – TUPE Issues for the LA and Governors

Now that the Academies Act has been passed, schools wishing to convert in the next few months will need to take action to ensure that they receive key information, indemnities and warranties.  Although the current employer is required to consult employees and provide information to the school, it is easy to overlook the various types of information you will need to avoid unwelcome surprises.

A starting point from an earlier article is expanded below.

Insist on Full Disclosure

The Governing Body should request full information on:

  • The current contractual terms of employment of each individual.
  • Any one off agreements/terms that come into affect later such as individual ‘incentive’ payments
  • Any discretionary payments or terms made to an individual – important to be sure that they are only discretionary and not binding in future
  • Any special leave granted and whether paid or unpaid in the 12 months prior to conversion. This should include parental leave and similar so that you do not duplicate leave in the future.
  • Any contractual policies applying in general or to particular groups of staff which are likely to have financial consequences e.g special leave, PPA time over the 10% national term for teachers.
  • List of staff who are suspended or absent for any reason especially long term such as ill-health, maternity leave on the date of conversion with the known or expected return or review dates.

Actual or Potential Liabilities

In addition, the Governing Body should request details of any actual or potential liabilities that will pass on transfer of the staff such as:

  • Personal injury claims by current or former staff that have not been concluded
  • Grievances or disputes regarding an individual’s terms of employment
  • Employment Tribunal claims including discrimination, bullying or harassment
  • County Court claims such as significant breach of contract claims
  • Civil claims such as harassment
  • Pending or actual police investigations or prosecutions
  • Health and safety improvement notices etc and copies of any reports in the last three years (if not in the school’s possession)

The LA may also wish to seek warranties and indemnities to ensure that any potential legal claims or financial liabilities have been declared and investigated by the school sufficiently. That will be important in the light of the surplus and deficit provisions in the Act.

Those type of information issues will form the bulk of the work to ensure that you have a clear picture of each individual’s employment terms and record going forward. However, there is a sting in the tail of the TUPE Regulations of which you need to be aware.

Detrimental changes to an individual’s contractual terms after transfer will be in breach of the regulations and potentially give rise to claims against the school. There are limited exceptions for example, economic and technical organisational reasons. Schools should not think that the transfer of staff offers a new canvas on which to paint a new scenario of terms of employment as unfortunately the schools will need to take the TUPE route of addressing transfers.

The above is a brief overview. Are you interested in being guided through the issues and process? If so, contact us via our website www.hr-management-dimensions.co.uk.   We apply the many dimensions of people management and organisational capability to help you to produce commercially and service focused solutions to human resource management issues.

© 2010 HR Management Dimensions

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Academy Schools – Staff Transfers

Many schools have expressed an interest in learning more about what is entailed in becoming an Academy. The Academies Bill is currently being reviewed by the House of Lords but, to date, the Bill does not contain any references to the transfer of staff. That is surprising as about 70% of a school’s budget is staffing and the staff are key players in the success of a school.

Legislation Applying to Transfers of School Staff

Other current  legislation also deals with school organisational changes and  contains clauses which state specifically that staff will be transferred on existing terms on the implementation date unless an individual’s contract was for a fixed term or temporary and due to end before the transfer date. For example, if an infants and a junior school were combined by extending the age range of one school, this would be implemented via consultation on the proposals and, if approved, by the automatic application of the transfer clause in the statutory regulations. The clauses provide for a transfer without the need to resort to the TUPE regulations which is simpler and quicker to implement and provides protection for the transfer of the staff.

So how will staff be transferred to an Academy? Currently, the DoE appears to be thinking that the TUPE regulations will apply.  Schools will need to avoid the pitfalls of the TUPE regulations.

Issues to Consider in a  Transfer of Staff

What points should Governors and Head Teachers look out for?

  • The current employer e.g. the Local Authority will be required to consult with affected staff and seek information from the new employer about the transfer including any changes to terms etc. that are proposed.
  • The consultation will need to be formal and involve the recognised trade unions and, if none, the local authority will have to arrange for the staff to elect employee representatives specifically to inform and consult about the transfer
  • The new employer will be obliged to provide specific information to the local authority for consultation purposes including any organisational changes.
  • Staff will need to be informed about who is their new legal employer and the effective date of their transfer.

Senior managers and Governors will need to think carefully about the following issues:

  • If you are not thinking of making changes to terms or organisational structures in the first few years, transfers are relatively straightforward.
  • Transfers under TUPE will usually mean that staff move across on their current terms of employment including collective agreements. Terms are protected and may only be changed in limited circumstances under the TUPE regulations. However recent case law has indicated that future changes to collective agreements will not automatically apply to transferred staff. Be wary of any contractual clauses or of giving any undertakings that apply amendments to collective agreements automatically to contracts of staff after the transfer date.
  • What liabilities will you inherit with the transfer of staff? Consider requring indemnities and/or warranties from the transferring employer so that you are aware of any outstanding claims. This will enable you to discuss suitable balancing payments to cover those liabilities. This is important as the Bill may contain amendments regarding the treatment of budget surpluses or deficits.
  • Proposed organisational changes or staffing reductions will need to be considered in the context of the TUPE regulations. There are narrow grounds for making such changes but if you step outside of those you may face unfair dismissal claims or even automatically unfair dismissal claims.

The above is a brief overview.

Are you interested in being guided through the issues and process?  If so, contact us via our website www.hr-management-dimensions.co.uk. We apply the many dimensions of people management and organisational capability to help you to produce commercially and service focused solutions to human resource management issues.

Sources
¹ The Schools Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2007 No. 1289,

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