Flexibility to Reward Teachers – lessons from the experience of industry

The promise of more flexibility to reward teachers has been mooted for several years but it looks as though 2013 will become the year of realisation. The School Teachers’ Review Body has recommended a number of flexible provisions but it remains to be seen what will appear in the 2013 edition of the School Teachers’ Pay and Conditions Document.

In preparation, we need to take a realistic view of to what extent we can use flexibility and avoid developing complex, unaffordable reward practices.  So let us review the pitfalls of flexible pay by learning.from other organisations and drawing out key principles for rewarding teachers.

Reward Schemes Have a Limited Shelf Life

Companies have used flexible pay for many years to encourage:

  • higher performance,
  • the development of new skills
  • the application of those skills to address key challenges.

For example, faced with a major need to develop improved and new skills, reward structures with those aims were developed which would have a life of 3 – 5 years. At the end of that period, the objectives were achieved. Maintaining the same reward structure was no longer appropriate as the original objectives, underlying the design of the structure, had been realised.and would have led to higher costs,

Do not assume that a more flexible and performance related reward structure will continue to motivate staff and secure the outcomes you require indefinitely. Think through what you wish to achieve over the next say 2 – 3 year period.

Will your Performance Related Pay Practices Drive out the Best Performers?

Performance related pay is unlikely to drive out your poor performers but it may demotivate your best performers within a few years.

Poor performers seldom leave because they receive nil or low pay increases when performance related pay is introduced. You will still have to take direct action to try to improve their performance or remove them if such efforts prove ineffective.

The Review Body’s recommendations would allow a school to move individuals along the pay ranges much faster or slower.  For example, the Head Teacher may be able to award increases of say 150% or 75% of the pay reference points rather than only give a pre-determined rise as happens with the current scale points. The adoption of pay reference points in a salary scale should help Governing Bodies to set guidance in order to differentiate performance rewards and help with modelling the resulting pay costs.

It will also be easier for a Main Scale teacher to progress to the Upper Pay Scale as a simpler method is likely to be introduced.  More rapid progression on the UPS scale could be introduced i.e. performance increases in less that two years

Apply Flexibility Proportionately to Avoid Adverse Motivational Effects

Your best performers will be watching the percentage that they are awarded compared to the average performer. If the differential is small, that will cause discontent and your most talented teachers will feel devalued and seek another post. A two or three percent differential will not be motivating for the most talented. An objective distribution of the pay increase budget will become critical. Differentiating rewards will make budgeting more difficult but the issue should be addressed.

The proposals also envisage that the Upper Pay Scale may be extended or that individuals may be paid above UPS to encourage the most effective teachers to raise standards amongst other teachers. That will help to reward the best performing teachers but will also bring another strain upon the budget. It is likely that such a change would lead to the removal of the AST and Excellent Teacher scales.

Market Allowances

Difficulties in recruiting staff to more challenging schools were noted by the Review Body. No changes are proposed to the current four geographic pay zones. To encourage effective teachers to move to such schools, the Report suggests that recruitment and retention allowances should no longer be time limited as now. Heads need to think ahead though and ensure that such allowances have clauses attached that make it clear they to be treated as market allowances rather than fixed costs for evermore; this will help to phase out or terminate such ‘market related’ allowances as the recruitment situation changes.

Organisations are living entities and the needs change; some needs may only last for a set period.  Currently, Teaching and Learning Responsibility allowances are a more or less permanent fixed cost as their purpose is to recognise an on going responsibility required by the school.  Consequently, salary protection for up to three years will be triggered if a TLR is terminated due to changes in organisational needs.

The Review Body has recognised that the creation of temporary TLRs for a specific, time limited purpose would be a useful flexibility although the recommendation caps such allowances at £2,500. Such payments would be for a definite fixed term and would not attract salary safeguarding at the end. This will help in some situations. The Review body cites that 21% of primary and 44% of secondary teachers receive TLRs [1]. In the future, it will be interesting to see whether the number of:

  • Fixed term allowances increases while ‘permanent’ allowances decrease or
  • Temporary allowances increases without a fall in permanent allowances.

Let us hope that the future collections of such data capture the number of fixed term and permanent allowances.

New Appointees take the Salary Advertised

An interesting statement appears on page 54 of the Review Body’s report about there possibly being, “no obligation for schools when recruiting to match a teacher’s existing salary on either the main or the upper pay scales.” Whether that will provide an option to appoint UPS teachers on the Main Scale remains to be seen as this is a flexibility that would help to overcome specific issues with the current terms.

Simplification of the School Teachers’ Pay and Conditions Document

The technicality and length of the current document is stated to be a deterrent to maximising the current flexible pay provisions. It is rather ironic that the Review Body’s Report runs to 109 pages, is repetitious and at the end of the day is not very innovative in its recommendations for new pay practices.

Are You Ready to Measure Pay Practices and Pupils’ Achievements?

OFSTED expect Governing Bodies to demonstrate that they understand, set, monitor and review the strategic progress of the school in the achievements of pupils. The Review Body observes the important role that Governing Bodies will need to play in making use of pay flexibility to ensure that educational standards improve.  Put another way, value for money will need to be demonstrated in terms of pupils’ progress and achievements as Governing Bodies will have more freedom to target how they spend their pay bill to those ends.  How will Governors set and monitor this aspect of focusing pay on improving results?  We will publish an article on this shortly.

Will the DfE address the known issue that as time progresses, diminishing returns are received from performance related pay as the motivational effect of year in year out objective setting loses interest?  As noted earlier, more innovative ways of rewarding teachers need to be considered for the future.

It will be interesting to read what the Secretary of State accepts and the actual flexibility introduced by the 2013 edition of the School Teachers’ Pay and Conditions Document.

Do you want to find out what new flexible pay provisions are to be introduced and the practical implications of those?  If so, click the link in the left hand column of this page to be alerted to new articles.

Sources

[1] School Teachers’ Review Body Twenty-First Report 2012 page 58 – data cited from OME analysis of DfE School Workforce Census data (November 2010).

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Expectations of Teachers on the Upper v Main Pay Scales

What can be expected of a teacher on the Upper Pay Scale (UPS) compared to one on the lower Main Scale?  Does UPS simply reward longer service?  Although new proposals are destined for inclusion in the 2013 edition of the Teachers’ Conditions, it is important for Head Teachers to grasp what they should expect of UPS teachers and equally that such teachers should be given salary progression if they meet the criteria.

Heads of Departments, the Leadership Team and any teacher required to appraise or assess the performance of a UPS colleague, should understand what are reasonable expectations when setting objectives and/or appraising the outcomes. [4]

Performance Criteria for the Upper Pay Scale

Various criteria are given for assessing whether a teacher should be awarded UPS 2 or 3:

  • Demonstrated that his achievements and his contribution to the school have been substantial and sustained;
  • Continued to meet post-threshold standards;
  • Grown professionally by developing his/her teaching expertise post-threshold.[1]

In addition, for progression to UPS 3, the individual should demonstrate:

  • He/she has been a role model for teaching and learning,
  • Made a distinctive contribution to the raising of pupil standards and
  • Contributed effectively to the work of the wider team.
  • Took advantage of appropriate opportunities for professional development and used the outcomes effectively to improve pupils’ learning.[2]

Governing Bodies may also decide to set out local performance criteria in the school’s pay policy. If so, that will need to be considered when assessing if an individual should be paid on the next salary point.

Practical Application

The criteria point towards outcomes rather than just activities. For example, self development does not stop after attending events but should result in continuous improvement outcomes for pupils and colleagues as required in Pay Standard 10. [3]

An individual must continue to meet the Pay Standards for UPS – a requirement that gives further insight into what should be expected. It is often said that teachers should ensure that they differentiate the learning needs of pupils. The Pay Standards require a teacher to demonstrate, “an extensive knowledge and understanding of how to use and adapt a range of teaching, learning and behaviour management strategies, including how to personalise learning to provide opportunities for all learners to achieve their potential.”

Pay Standard 3 emphasizes the need to, “have an extensive knowledge and well-informed understanding of the assessment requirements and arrangements for the subjects/curriculum areas they teach, including those related to public examinations and qualifications”. This reinforces a key requirement – understanding what students need to achieve and their progress towards that based on a range of comparative data.

Gathering the Evidence

When considering the progression of a UPS Teacher in England, assessments must take account of the last two appraisals and any recommendations on pay in the teacher’s most recent appraisal report or planning/review statement.

Evidence in the appraisal should show a sustained contribution for the past two years or more as implied by the fact that progression on the scale should only be considered every two years unless there are exceptional circumstances.

The emphasis on sustained and substantial achievement and contribution is also reinforced if a teacher is to be appointed on a point other than UPS1 (the discretion is limited to particular circumstances in the Teachers’ Conditions).

UPS and Teaching and Learning Responsibility Allowances

Meeting performance criteria has been and remains the key to progress on the Upper Pay Scale. However, care should be taken not to expect wider responsibilities of a UPS teacher for which the award of a Teaching and Learning Responsibility Allowance (TLR) should also be given.

If a TLR is given to a UPS teacher, the latter should still demonstrate the points above plus any criteria set for carrying out the additional responsibility. The issue of TLRs will be covered in a later article.

Impact of Performance Related Pay

As stated in the opening paragraph, it is important to understand what should be expected of a UPS teacher and this will become more important in the next school year as performance expectations of Main Scale Teachers are introduced in the 2013 Conditions. Heads will then need to be able to differentiate between the performance criteria for a Main Scale and an Upper Pay Scale Teacher.

Keep watching this blog for further articles on the changes and practical implications.

References:

[1] Section 19.5.1 of School Teachers Pay and Conditions Document 2012; see note [2]
[2] Sections 57 to 59 of the Guidance Notes and especially the text in the frame
[3] ‘Pay Standards’ as a term replaced post threshold standards – see the following article regarding the Pay Standards on our Headsup HR blog
[4] See an earlier artlcle on the current problem of UPS teachers who wish to return to the Main Scale.

If you would like us to cover a particular topic in a future article, please let us know via the contact details in the footer or each page.

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Upper Pay Scale for Teachers – A Two Edged Sword

Th e Upper Pay Scale for teachers provides deserved recognition for many teachers but there is a catch.  There is no way currently for a teacher on UPS to return to the Main Scale.  As in many professions, individuals often enjoy the core of their job but do not necessarily want to continue forever with the extra responsibilities they have taken on. However, such responsibilities are a continuing requirement of the Upper Pay Scale (UPS).

The UPS dilemma for Teachers and Head Teachers

What options do you have when faced with an effective classroom teacher who no longer wishes to demonstrate that his/her “achievements and contribution are substantial and sustained” (1) over and above the role of a classroom teacher? Similarly, what can you do if you have a teacher who you believe should focus on their real strengths as a classroom teacher rather than continue not to fulfill the additional responsibilities of a UPS teacher?  Unfortunately, there is no provision in the Teachers’ Pay and Conditions Document to allow a teacher to volunteer to step back to or to be transferred to the Main Scale.  Progression to the UPS is for life effectively.

This issue is accentuated as schools look for savings and may face an imbalance of the number of teachers on UPS compared to the Main Scale.  Some Heads have turned a blind eye to the actual contribution of a UPS teacher but that is less likely now as financial pressures grow.  The contribution of a UPS teacher is more likely to be questioned if the perception is that he/she is not producing value for money.  Here, I am referring to teachers who have become trapped on UPS but are still effective classroom teachers.

Voluntary Agreements to Change Grade are not Enforceable

Once a teacher has crossed the threshold and been awarded Upper Pay Scale status, that grade stays with the individual for the rest of his/her career or until he gains promotion. The Teachers’ terms are recognised by statute. So a voluntary agreement to return to the Main Pay Scale will not be enforceable if the individual changed his mind at a later date. The individual would not have to apply again to cross the threshold as he/she is already legally entitled to be paid on the Upper Pay Scale. Trade Unions are also unlikely to support such voluntary changes as that would undermine the ‘natural’ salary progression route for career teachers.

If an individual requests to be paid on the Main Pay Scale for personal reasons, the Head will need to weigh up the risk of:

  • the individual later changing his mind and requiring to be paid on UPS.
  • the School acting outside its statutory authority in agreeing such a change.
  • other interested parties seeking to challenge the school to pay the UPS salary.

The Two Edged Sword is too Sharp

If a school does not wish to take those type of risks, then the Head Teacher may have no choice but to pursue capability action to either secure the required contribution over and above the role of a classroom teacher or to reach the point at which the teacher is required to leave the school. That is neither a sensible nor responsible course of action as it fails to recognise that there are thousands of effective classroom teachers who may reach a point in their lives when they want to return to their strengths and focus on continuing as a classroom teacher.

Let us hope that the DfE addresses this issue in the 2013 Conditions Document.

An Honourable Way Forward

Providing a way for teachers to return to the Main Scale would recognise the needs of both such individuals and the school without forcing Heads to pursue capability actions or restructurings to overcome this issue.

If an individual is within 10 years of retirement, a decision to return to the Main Scale may not have a major effect on the teachers’ pension. The average of the best three years of pensionable earnings over the last 10 year period is used to determine the pensionable salary for calculating a Teacher’s Pension. An individual must check the effect on his/her pension before making such a decision as individual service history and the current pension rules may affect the amount of pension.

Maintained Schools not Alone

The above affects maintained schools and other types of school which have contracted to follow the School Teachers’ Pay and Conditions Document. Therefore, academies may find themselves faced with the same issues – but see the next section regarding academies.

Additional Solutions for Academies

An academy could change the terms of teaching staff and adopt contractual clauses which would overcome the above issues. For example, the terms could be amended so that sections referring to Upper Pay Scale included clauses which allowed a teacher to request to be paid on the Main Scale and forgo the entitlement to be paid on the Upper Pay Scale.

In addition, clauses in disciplinary and capability policies could be amended to provide alternatives to dismissal such as a transfer to a lower grade or demotion. So when a Head Teacher believes a UPS teacher is not meeting the requirements to continue on UPS but would still be an effective classroom teacher, the Head would not be faced with losing a skilled, experienced teacher but could offer a Main Scale role as an appropriate alternative.

I emphasis that the above is not referring to instances in which individuals are not effective class room teachers or simply have lost interest in or the energy to teach effectively. The above is focused on those effective teachers who wish to scale back their responsibilities and return to being a dedicated classroom teacher.

Safeguards

Safeguards would need to be added to prevent abuse of the new options. Effective consultation with staff representatives should take place to gain understanding. The academy would also need to check its funding agreement to ensure that it was not restricted in implementing such changes.

Further Help Required?

To understand the risks or to proceed with the type of changes outlined above, you are advised to consult experienced human resource management professionals who understand both the terms of employment applying to teachers and the employment law and employee relations context.

For further ideas of how to address issues in schools see our main web site www.hr-management-dimensions.co.uk.   contact form <a href=“office@hr-management-dimensions.co.uk”> You may also contact us by using this link</a> or telephone us on the number in the footer.

References:

(1) Sections 19.6 and 19.5 of the School Teachers’ Pay and Conditions Document 2013.

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Pay Standards and Teachers’ Standards

Several subtle but important changes have been included in the School Teachers’ Pay and Conditions Document 2012.

Teachers’ Standards and Pay Standards

The standards for Post Threshold, Advanced Skills and Excellent Teacher assessments are now referred to in the Teachers’ Conditions as Pay Standards. This no doubt serves to underline that the Teachers’ Standards are the benchmark for all teachers** irrespective of their role and includes the teaching practice of Head Teachers. That is reinforced further by the replacement of the core standards with the Teachers’ Standards. There is one exception though in which the core standards apply still which is noted later.

The Teachers’ Standards will have a wide effect as they have been reinforced by several links within the Document and elsewhere. Such examples include:

  • Teachers who are covered by the 2012 Appraisal regulations must have their performance assessed against those Standards.
  • Pay determination should be made with reference to the Teachers’ Standards. The scope for maintained schools to exercise pay flexibility is limited but when using the flexibility that exists, Head Teachers will need to take account of the Standards.

** QTLS holders may be appraised against any of or a mixture of: the Teachers’ Standards, other standards approved by the Secretary of State or other professional standards relevant to their teaching role.

Dealing with Post Threshold Applications

The application process falls, in effect, into two stages as in previous years but with a few changes.

Stage One – to determine whether the teacher meets the requirements of the Teachers’ Standards. The latter have replaced the core standards with one exception noted later. This stage must be passed successfully otherwise the application must not proceed.

Stage Two – to assess whether the teacher meets the Pay Standards. That is the new term used to denote the standards which are used to assess applications for Post Threshold, Advanced Skills and Excellent Teachers. Despite the new name, the standards for post threshold assessment in stage two are the same as before.

The exception to using the Teachers’ Standards at stage one arises in the following conditions:

  • The teacher applies for assessment between 1st September 2011 and 31st October 2012 and
  • His application is based on performance management evidence for a period prior to 1st September 2012 and
  • The individual is subject to the 2006 performance management regulations or the 2012 appraisal regulations and
  • At stage one, the Core Standards set out in the 2011 Document are used to assess the individual..

If the core standards are met, the assessor then proceeds to stage two to consider whether the individual’s application meets the Post Threshold Pay Standards in the 2012 Document.

Effective Date of UPS Salary Award

A successful assessment should lead to the teacher being placed on the first point of the Upper Pay Scale with effect from 1st September 2013 if he meets the conditions below..

1st September 2013 will be the effective date provided the individual is a Qualified Teacher and:

  • Is subject to the 2006 Performance Management regulations or the Appraisal Regulations 2012 and
  • Is on point 6 of the Main Scale for Teachers and
  • Made his application either in the 2012-13 school year or on or before 31st October 2013.

If a teacher is not subject to the 2006 Performance Management or the 2012 Appraisal regulations but he applied in the 2012-13 school year, the same effective date will apply

In both the alternative cases above, the application must be assessed as successful within the application year. If the assessment is not completed until after the threshold year, the effective date may have to be later than 1/9/2013 as the date will depend on what is specified in the 2013 Document.

Payment should not be backdated to an earlier date unless the individual fulfils the specific exceptions in the 2012 Document as summarised below.

Effective date 1st September 2012

Scenario 1

  • The application was made between 1st September 2012 and 31st October 2012 and
  • The teacher is subject to the 2006 Performance Management Regulations or the Appraisal Regulations 2012 and
  • He is on point M6 at the date of application and was also on point M6 in the school year 2011/2012 and
  • His application is determined to be successful in the application for threshold year.

Scenario 2 – The same effective date will also apply in the following conditions.

  • In the school year before his application, he was employed as a qualified teacher other than by a local authority in a maintained school or by a Governing Body with a delegated budget or by a local authority as an attached teacher and
  • The individual has completed at least six years of employment as a qualified teacher at the date of making his application
  • The years of employment come within the acceptable service definition in section 1.8 of the Document which refers to, for example, the minimum teaching requirement in a year and permitted absences for this definition.

Scenario 3 – Another alternative for which the same effective date will apply is:

  • This is the first application fby the teacher for assessment against the post-threshold pay standards and
  • He was placed on the leadership pay spine in any previous school year and
  • Would have been placed on point M6 had he not been placed on the leadership pay spine.

Effective date 1st September 2011

This date will apply only if the teacher meets a fuller set of conditions which include:

  • The application was made between 1st September 2012 and 31st October 2012 and
  • The teacher is subject to the 2006 Performance Management Regulations or the Appraisal Regulations 2012 and
  • He is on point M6 at the date of application and was also on point M6 in the school year 2011/2012 and
  • Is assessed as successful in the threshold application year and
  • In the School year of 2010/11, the qualified teacher was employed other than by a local authority in a maintained school or by a Governing Body with a delegated budget or by a local authority as an attached teacher and
  • Has completed at least six years of employment (as defined in Section 1.8) as a qualified teacher at the date of making his application.

Alternatively the teacher may be eligible for payment from the same effective date if:

  • This is his first application for assessment against the post-threshold pay standards and
  • The teacher was placed on the leadership pay spine in the 2010/11 school year or in any previous school year and
  • He would have been placed on point M6 had he not been placed on the leadership pay spine and
  • Is assessed as successful in the threshold application year.

The UPS 1 salary payable from 1st September 2011 is as per the UPS table for 2011 and from 1st September 2012 the salary in the UPS table for 2012 applies. I am sorry if your hopes are rising as both tables contain currently.the same salaries Perhaps this is an indication that the DfE is looking ahead to when general pay rises are restored.

In all the cases of effective dates above, you should note that if the assessment is not concluded until after the threshold year, the effective date will not necessarily be the same as it will depend on the date specified in the subsequent Document to the 2012 Document

Unsuccessful Applications

As in previous years, if a teacher’s application does not pass the first stage of the assessment, the application must be turned down and the individual notified within 20 working days of the decision being communicated to the Governing Body etc.

Safeguarding of Temporary or Fixed Term TLR Allowances

Safeguarding has not been extended to temporary or fixed term contracts in the past but a slight change has been made which may lead to some extra costs.

Safeguarding will now apply if:

  • A TLR allowance is awarded on a temporary basis or to a fixed term contract holder and
  • The allowance is ended earlier than specified and
  • The teacher’s contract is extended beyond the end of the TLR allowance.

It is presumed that the safeguarding will only last until the end of the contract in this exception but clarification is awaited.

Non Consolidated Allowance for Some Instructors

Instructors employed on points 1 or 2 or 3 of the Unqualified Teachers Scale should be paid £250 from 1st September 2012 for one year. The allowance should be paid in twelve monthly installments. Part time staff should be paid a pro rata amount.

Working Time

The annual working days are back to 195 days and 1,265 total hours for the 2012/13 school year.

If you are experiencing issues with arranging for part time staff to attend parents’ evenings etc, you may find it useful to read the Guidance in Part 3 on this matter. There is limited, but nevertheless, some flexibility available to Head Teachers in arranging such evenings as part of the contracted working time or agreeing a mutual arrangement.

Professional Conduct

One disappointment is the standards of conduct in Part 2 of the Teachers’ Standards. Those are drawn too wide to be of much help in many of the professional conduct issues that arise. School leaders will need to consider what a reasonable employer should expect of a professional person and also the circumstances in which the essential trust and confidence in employing an individual in a school has been destroyed.

Confused by references to the 2002, 2006, 2011 and 2012 Regulations?

Just remember that the 2012 Regulations refer to the Appraisal Regulations and the 2006 Regulations refer to Performance Management in England.

The 2011 Regulations and the 2002 Regulations apply to Wales and refer respectively to the appraisal arrangements and performance management arrangements.

We trust that this summary is helpful. Are there other areas of the Teachers’ Conditions or other School HR type issues about which you would like to see articles? If so, please let us know as we may produce articles on those topics. You can e-mail us via help@hr-management-dimensions.co.uk.

Visit our main web site to learn about commercially focused hr management solutions to effecting change in your school or college – www.hr-management-dimensions.co.uk

The above article may be copied provided the full source is acknowledged as below and copies are not used for competitive, commercial purposes.

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Employment of Teachers – Qualified Rather than Registered Teaching Status *

Provisional or full registration  with the General Teaching Council is no longer a condition for the employment of a teacher. However, the demise of the General Teaching Council has created uncertainty amongst employers about the criteria to check to see if a teacher is approved to practice in the UK.

The focus now is upon whether the individual has:

  • A recognised qualification to teach
  • Qualified teaching status (QTS) or QTLS
  • Completed satisfactorily any required induction or probation period (not applicable to holders of QTLS)
  • Not been placed on a list kept by the Secretary of State of individuals who are:
    • prohibited from teaching or
    • placed on an interim list pending the outcome of an investigation or
    • the subject of a suspension or conditional order imposed by the General Teaching Council for England (GTCE) which has not expired.

Both QTS and QTLS holders should be able to give their DfE number also referred to as a Teacher Reference Number`.

Checking status on line

Schools are able to check the above via the Teaching Agency which operates an on line service for employer checks. The Teaching Agency does not keep details of individuals who hold qualified teacher learning and skills (QTLS). The latter can be checked via the Institute for Learning (IfL) but schools should note that QTLS holders must be current members of the IfL to retain qualified teacher status. See our earlier article on employment of QTLS teachers.

Practical Implications

Offer letters and contracts should be revised to remove references to the requirement to be provisionally or fully registered.

Checklists for staff should also be revised to ensure the above checks are carried out as well as the eligibility of the individual to work in the uk in the particular teaching role..

Although, the status of a teacher can be checked on line as noted above, it is wise to request to see the original qualification certificate of the individual.

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