PAY SAFEGUARDING FOR TEACHERS NUT GUIDANCE

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1 PAY SAFEGUARDING FOR TEACHERS NUT GUIDANCE This document gives guidance on the various provisions for pay safeguarding for teachers set out in the School Teachers Pay and Conditions Document (STPCD). It explains the different provisions in detail and gives NUT guidance and examples to illustrate how safeguarding works in practice. Introduction Categories of safeguarding Purpose of safeguarding New principles for safeguarding in force from 1 January 2006 Provisions applying to all categories of safeguarding Circumstances in which safeguarding can end Additional duties for teachers in receipt of safeguarding Teachers with more than one safeguarded sum General safeguarding General safeguarding where in place before 1 January 2006 General safeguarding where coming into effect on or after 1 January 2006 Safeguarding of management allowances and TLRs Safeguarding of management allowances Safeguarding of TLRs Other Safeguarding Safeguarding for leadership group teachers and ASTs Safeguarding for post-threshold teachers previously on UPS4 or UPS5 Assimilation safeguarding Safeguarding of Inner London Supplement (ILS) & Social Priority Allowance (SPA) Safeguarding for teachers on fixed term contracts More detailed NUT advice on safeguarding of management allowances following the introduction of TLR payments and on the conduct of school staffing reviews is available separately on INTRODUCTION

2 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Categories of Safeguarding 1. Safeguarding is available under the STPCD to protect teachers against loss of pay in the circumstances set out below. Provisions on general safeguarding, which apply on a mandatory basis in cases of closure or reorganisation of schools and on a discretionary basis in other circumstances, protect teachers who have lost their previous posts but continue to be employed by the same authority in other posts. Provisions on safeguarding for management allowances and TLR payments protect teachers who would otherwise lose pay as a result of the replacement of management allowances by TLR payments or, in future, as a result of loss of TLR payments due to changes in schools staffing structures. Separate safeguarding provisions protect teachers against loss of various other pay entitlements due to changes made to the teachers pay structure or decisions made in schools. Purpose of Safeguarding 2. The purpose of pay safeguarding is to prevent teachers suffering unexpected drops in pay through no fault of their own, following circumstances such as the closure or reorganisation of schools or reorganisation of the teachers pay structure. New Principles for Safeguarding in Force from 1 January The safeguarding system changed with effect from 1 January 2006 for all pay safeguarding coming into effect on or after that date. Safeguarding is now a temporary entitlement for a maximum of three years, based on a cash safeguarding system as explained below. 4. Previously, teachers benefiting from general safeguarding were entitled to such safeguarding on a permanent basis. Other categories of safeguarding have applied on a temporary mark time or cash safeguarding basis. 5. The NUT strongly opposed the Government s decision to introduce a three year limit on all safeguarding and end the entitlement to permanent general safeguarding. The Government subsequently agreed that general safeguarding in place prior to 1 January 2006 should continue on a permanent basis. All new safeguarding arrangements coming into effect on or after 1 January 2006, including cases of general safeguarding, will be temporary rather than permanent in nature. 6. The NUT is seeking changes to the Teachers Pension Scheme to protect teachers against loss of pensions entitlements due to reductions in pay at the end of safeguarding where this occurs prior to retirement. Advice on this issue for NUT members who believe they may be affected may be obtained from NUT regional offices in England or from NUT Cymru in Wales. PROVISIONS APPLYING TO ALL CATEGORIES OF SAFEGUARDING

3 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Cash Safeguarding 7. Pay safeguarding is now based on cash safeguarding, protecting teachers pay entitlements at the time safeguarding takes effect. The system will safeguard identified amounts, safeguarded sums, which will not be increased or reduced in line with annual pay scale increases. Three Year Limit on Safeguarding 8. The system will protect teachers pay for a maximum of three years. Safeguarding will be removed in its entirety at the end of the three year period. It can be removed earlier where increases in teachers pay overtakes the value of the safeguarded amount or where other specified circumstances arise as set out in this briefing. 9. The sole exception is for general safeguarding in place prior to 1 January 2006, which continues to have permanent effect. This is explained in the section on general safeguarding below. Other types of safeguarding in place prior to 1 January 2006 will, however, end after 3 years at most. 10. The three year time limit on safeguarding for management allowances, on existing assimilation safeguarding and on existing safeguarding for Inner London Supplement and Social Priority Allowance payments commences on 1 January 2006 and runs to 31 December All safeguarding for these pay elements will end by 31 December 2008 at latest. 11. The three year time limit for other safeguarding, including general safeguarding that came into effect on or after 1 January 2006 and safeguarding for TLR payments or leadership group/ast pay, depends on the date of the decisions affecting teachers pay Teachers should be informed by the governing body of the nature of any safeguarding arrangements and the value of their safeguarded sums at the start of the three-year safeguarding period and in their annual pay statements. Circumstances in which Safeguarding can End 13. Safeguarding can end before the maximum three years in the circumstances set out below. At the end of the period for which payments were originally made, for example, at the end of fixed-period management allowances. Where teachers move to a higher point on the pay scale or higher level of allowance and the combined value of the new point and/or allowance is higher than the combined value of the old point and any safeguarding. 2 1 Such teachers will be safeguarded for three years from the relevant date following the decision affecting their pay. Safeguarding runs from 1 January where the decision is made between the previous 1 September and 31 December; from 1 April where the decision is made between the previous 1 January and 31 March; and from 1 September where the decision is made between the previous 1 April and 31 August. For example, where the determination is made on 6 September 2006, safeguarding runs from that date to 31 December 2009 at the latest. 2 This means, for example, that teachers receiving a safeguarded Management Allowance 1 of 1638 who makes any incremental progression on the Main Scale or Upper Pay Scale in September 2006 or

4 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Where teachers leave the school, unless general safeguarding applies. Where teachers are moved to a different pay scale or spine, except threshold progression or in cases of general safeguarding/internal school reorganisation. Where teachers unreasonably refuse to carry out additional duties that governing bodies 3 reasonably consider appropriate and commensurate with the safeguarded sum, as set out below. 14. Safeguarding does not end where there is a change in teachers working hours. Part-time teachers must be paid safeguarding on a pro rata basis. Additional Duties for Teachers in Receipt of Safeguarding 15. Where teachers receive safeguarding worth more than 500, governing bodies must review teachers assigned duties and allocate such additional duties as they reasonably consider appropriate and commensurate with the safeguarded sum. 16. This requirement applies with effect from 1 January It applies to all safeguarding arrangements, including those for teachers with permanent general safeguarding in place prior to 1 January 2006 who could not previously be required to undertake additional duties in return for safeguarding. It is a new provision, which did not exist under any safeguarding arrangements in place prior to1 January Where teachers unreasonably refuse to carry out additional duties determined in this way, governing bodies can decide that the payment of the safeguarded sums should end. In such cases, teachers must be notified in writing of decisions to cease payments of the safeguarded sums at least a month before the payments end. Such decisions are subject to appeal in the usual way. 18. The requirement applies even if teachers are continuing to carry out the full responsibilities of the posts for which they are in receipt of pay safeguarding. Effect on Safeguarding of Temporary TLR Payments 19. Teachers safeguarding entitlements will be affected where they agree to take on temporarily the duties of other posts and receive temporary TLR payments for such work. 20. Teachers entitlement to safeguarded sums ends where temporary TLR payments are higher than those safeguarded sums. Their safeguarded sums will be reduced where temporary TLR payments are lower than those safeguarded sums. These changes will have a permanent effect on safeguarding. The former values of safeguarded sums are not restored when temporary TLR payments end. In many case, teachers may find that they would suffer financial losses by accepting temporary TLR payments. September 2007 would lose that safeguarding. This is because any progression on those scales would be worth more than References to the governing body in this briefing should be read as references to the local authority in cases where teachers are centrally employed or the school does not have a delegated budget.

5 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY The NUT therefore advises teachers who are offered temporary promotions not to accept temporary TLR payments. Instead they should seek recruitment/retention payments to the same value as those TLR payments for the duration of the appointment. Where such payments are not made, teachers should consider carefully before accepting temporary promotions which would lead to financial losses. 22. Teachers in receipt of safeguarding worth more than 500 may of course be required to carry out additional duties where these are commensurate with the safeguarded sum. Depending on the value of the safeguarded sum, therefore, such teachers may be required to undertake all or some of the responsibilities of higher graded posts on a temporary basis without any TLR payments. Teachers with more than One Safeguarded Sum 23. Some teachers may receive a number of safeguarded sums where they have various elements of pay, each of which is safeguarded for a different reason. These can be removed one by one as their pay increases for other reasons. 24. Governing bodies are required to keep a record of the separate sums, the latest dates on which they will end and any pay increases which could cause some or all of the safeguarded sums to be removed. Whenever teachers move up the Main or Upper Pay Scale or cross the threshold, governing bodies must consider whether their increases are greater than any of their safeguarded sums. Where the increases exceed some but not all of the safeguarded sums, the smaller or smallest should be ended first. The example below illustrates how this operates. Example 1 On 31 August 2006, the teacher is on M6 and receiving safeguarding for a former MA2 payment, the Inner London Supplement and the Social Priority Allowance. The payments have become safeguarded sums worth 3,312, 822 and 276 respectively. With effect from 1 September 2006, the teacher moves through the threshold and is paid at UPS1. The 2.5 per cent pay award in September 2006, combined with incremental progression to UPS1, results in a total pay increase of 3,093 for this teacher. This pay increase is greater than the lowest safeguarded sum of 276. That safeguarded sum is therefore removed. The remaining pay increase is greater than the second lowest safeguarded sum of 276. That safeguarded sum is therefore also removed. The remaining pay increase is lower than the third and remaining safeguarded sum of 3,312. That safeguarded sum, therefore, continues to be paid. GENERAL SAFEGUARDING

6 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY General safeguarding applies on a mandatory basis to teachers who lose their posts as a result of closure, amalgamation or school reorganisation but who subsequently remain employed in other posts in the same local authority. Each local authority also has the discretion to apply general safeguarding to teachers who have lost their posts in circumstances other than closure, amalgamation or reorganisation but remain employed in the same authority. 26. General safeguarding was introduced in 1967 as a result of an independent arbitration inquiry and, prior to 1 January 2006, provided full and permanent safeguarding of such teachers previous pay entitlements. 27. Where teachers become subject to general safeguarding on or after 1 January 2006, the safeguarding will be cash safeguarding for three years as for other types of safeguarding. Teachers affected from now on by closure, reorganisation or amalgamation of schools will therefore face pay cuts after a maximum of three years. Permanent safeguarding will, however, continue for all cases of general safeguarding in place prior to 1 January 2006, as set out below. General Safeguarding where in Place Before 1 January Teachers subject to general safeguarding arrangements in place before 1 January 2006 continue to receive this safeguarding on a permanent basis and are not subject to three-year cash safeguarding. 29. Teachers are treated for all pay purposes as if they continue to hold the posts previously held. They benefit from increases in any elements of safeguarded pay resulting from annual pay awards. It should be noted, however, that management allowances have not been increased since 2003 and will not be increased in future. 30. Where teachers receive general safeguarding plus safeguarding for other pay elements, the separate safeguarding rules for those other pay elements will apply to them. For example, safeguarding received for the ILS/SPA or assimilation safeguarding, will end on 31 December Teachers in receipt of general safeguarding should be notified of details of safeguarded sums other than general safeguarding and the latest dates these will end. 31. Where teachers are paid safeguarded management allowances as a result of general safeguarding arrangements in place before 1 January 2006, the safeguarded management allowances will be proportionately reduced or removed in line with the value of any TLR payments awarded to them in respect of their current posts. 32. General safeguarding can end where: teachers unreasonably refuse to accept alternative posts in the same local authority; the pay in the substantive posts increases beyond the general safeguarded pay, excluding progression on the Main or Upper Pay Scales; there is voluntary movement to a different pay spine, excluding threshold progression between the Main and Upper Pay Scales; or where

7 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY teachers employment ends, except in circumstances where general safeguarding would apply. 33. Teachers receiving general safeguarding worth more than 500 are, again subject to the provisions requiring governing bodies to consider the allocation of additional duties. Unreasonable refusal to carry out such additional duties may lead to the loss of safeguarding. General Safeguarding for Posts Taken up on or after 1 January Teachers who lose their posts as a result of closure, amalgamations or school reorganisation and take up new posts in the same local authority on or after 1 January 2006 will receive the difference between their former and new pay safeguarded as a cash sum for a maximum of three years. These safeguarded sums will not be increased in line with annual pay awards. Other than this, the conditions set out above for general safeguarding in place before 1 January 2006 apply equally. SAFEGUARDING OF MANAGEMENT ALLOWANCES AND TLRS 35. Safeguarding provisions have been introduced to protect teachers who lose pay as a result of the introduction of TLR payments in place of MAs from 1 January 2006, or who lose pay as a result of subsequent changes to TLR payments. This safeguarding is in both cases on a three year cash safeguarding basis. Safeguarding of Management Allowances (MAs) 36. Schools have been required to determine new staffing and pay structures based on TLR payments by 31 December 2005, although they are permitted to implement these at any date between 1January 2006 and 31 December Management allowances have been abolished with effect from 1 January From 1 January 2006, teachers previously paid MAs now receive these payments as safeguarded sums. 38. Schools have been required to notify all teachers previously paid MAs, by 31 January 2006, of the value of the safeguarded sums to which they are entitled from 1 January This will be the value of the previous MAs, less any TLR payments awarded from 1 January The payment of safeguarding ends on 31 December 2008 at the latest. Safeguarding can also end before 31 December 2008 where: (a) (b) teachers are awarded TLRs which are the same as or higher than the safeguarded sums; or teachers are placed on a higher point on the Main or Upper Pay Scales, including threshold progression from the Main to the Upper Pay Scale, and the total increase due to movement on the Main or Upper Pay Scales, including that due to any increase in the value of scale points, equals or exceeds the safeguarded sums ; or

8 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY (c) (d) teachers cease to be classroom teachers, including moving to Leadership Group or AST posts; or teachers employment at their schools ends other than in circumstances where general safeguarding applies. 40. Teachers in receipt of safeguarding worth more than 500 are, again, subject to the provisions requiring governing bodies to consider the allocation of additional duties. Unreasonable refusal to carry out such duties may lead to the loss of safeguarding. 41. In addition, it should be noted that MAs which were awarded for fixed periods only are safeguarded only to the end of the fixed periods set. 42. The provisions in (a) above mean that, where teachers are awarded TLRs at any point after 1 January 2006, including as a result of delayed implementation of the school s new pay structure, this will immediately affect their safeguarded sums. If their TLRs are lower in value than their safeguarded sums, the safeguarded sums are reduced appropriately. If their TLRs are equal to or greater in value than their safeguarded sums, safeguarding will end immediately. 43. The provisions in (b) above mean that pay increases received by teachers can cause safeguarding to cease before the end of the three-year period. For this to occur, however, part of their pay increases must be due to incremental progression on the Main Scale or Upper Pay Scale. Teachers cannot lose safeguarding as a result of pay increases due only to the annual teachers pay award. 44. Example 2 illustrates how teachers may lose safeguarded MA payments in September 2006 as a result of pay increases due to incremental progression. Example 2 On 31 December 2005, the teacher is on M6 and receiving MA1, worth From 1 January 2006, the teacher does not receive a TLR. The MA1 of 1638 becomes a safeguarded sum. With effect from 1 September 2006, the teacher moves through the threshold and is paid at UPS1. A 2.5 per cent pay award in September 2006, combined with incremental progression to UPS1, results in a total pay increase of 3093 for the teacher. This pay increase is greater than the safeguarded MA1 of That safeguarded sum is therefore removed. The safeguarding arrangements have reduced the value of the teacher s hardearned move through the threshold by almost half. 45. Where pay increases in one year are not sufficient to end safeguarding, it may nevertheless be ended in subsequent years due to further pay increases. Where the total pay increases added together are greater than the safeguarded sum, then safeguarding ends.

9 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Example 3 illustrates how teachers may lose safeguarded MAs in September 2007 as a result of pay increases in September 2006 and September Example 3 On 31 December 2005, the teacher is on M5 and receiving MA3, worth From 1 January 2006, the teacher receives a TLR of The difference between this and the MA3 of 5688 becomes a safeguarded sum of With effect from 1 September 2006, the teacher moves from M5 to M6. A 2.5 per cent pay award in September 2006, combined with the incremental progression to M6, results in a total pay increase of 2754 for this teacher. As this pay increase is less than the safeguarded sum of 3438, the safeguarded sum continues to be paid. With effect from 1 September 2007, the teacher moves from M6 to UPS1. A 2.5 per cent pay award in September 2007 results in a further total pay increase of 3171 for this teacher. Although this pay increase is again less than the safeguarded sum of 3438, it is added to the pay increase in September The resulting total pay increase = is greater than the safeguarded sum of The safeguarded sum is therefore removed with effect from 1 September As noted above, however, teachers who do not make incremental progression are not subject to loss of safeguarding due to the annual pay award. Safeguarding is not removed where teachers have benefited from the annual increase in the value of the pay scales but have not moved up the pay scale. Example 4 illustrates this. Example 4 On 31 December 2005, the teacher is on UPS3 and receiving MA1, worth From 1 January 2006, the teacher does not receive a TLR. The MA1 of 1638 becomes a safeguarded sum. With effect from 1 September 2006 and 1 September 2007, the teacher remains on UPS3. A 2.5 per cent pay award in September 2006 and September 2007 results in a total pay increase of and 837- for this teacher. This pay increase is greater than the safeguarded MA1 of 1638, but as there has been no incremental progression the safeguarded sum continues to be paid. 48. MAs awarded on a temporary basis, including all MAs awarded on or after April 2004, are only safeguarded to the end of the period for which they were awarded. Example 5 illustrates this.

10 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Example 5 On 31 December 2005, the teacher is on M6 and receiving a fixed period MA2 worth This was awarded on 1 April 2005 for a period of a year. From 1 January 2006, the teacher does not receive a TLR. The MA2 of 3312 becomes a safeguarded sum. The fixed period for the MA3 ends at 31 March Unless the governing body takes other action to protect the teacher s pay, the safeguarding will also end at this date. Safeguarding of TLRs 49. A similar safeguarding system will also apply where teachers holding TLR payments are either moved to new posts or given revised responsibilities with lower or no TLR payments due to changes in the school s staffing structure or informed that the value of TLR payments is to be reduced due to changes in the school s pay policy. 50. In these circumstances, teachers must be notified in writing and within a month of the decision of the reason for the governing body s decision, the date on which their TLRs will end or reduce, and the value of their safeguarded sums. The determination of the three-year safeguarding period to apply in such cases is explained in footnote 1 on page Safeguarding can end before the end of the three-year period in circumstances similar to those in which management allowance safeguarding can end, including due to pay progression or to unreasonable refusal to carry out additional duties where the safeguarding is worth more than 500. OTHER SAFEGUARDING Safeguarding for Leadership Group Teachers and ASTs 52. Safeguarding provisions also exist for leadership group teachers and ASTs where schools decide to reduce the size of their leadership groups or number of AST posts at the school or reduce the pay ranges for leadership group teachers or ASTs. It applies where the teachers would otherwise lose pay as a result of taking up new posts either in the leadership group or as classroom teachers, or as a result of the new pay ranges. 53. Teachers safeguarded against losing pay in this way will receive safeguarding on a cash basis for a maximum of three years. The determination of the three-year safeguarding period to apply in such cases is again as explained in footnote 1 on page Where safeguarding is paid due to a reduction in the size of the leadership group or in the number of AST posts, the safeguarded sum is the difference between teachers former pay and the new pay entitlement including any TLR or SEN allowance awarded.

11 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Where safeguarding is paid due to a reduction in a leadership group or AST pay range, the safeguarded sum is the difference between the value of the former pay point and the new pay point. 56. Teachers must be notified in writing within a month of the decision of the reason for the decision, the date of implementation, if known, and the date safeguarding will cease, and the value of the safeguarded sum or the maximum amount by which pay will be reduced if the effect is not known. 57. Where restructuring results in a reduction in the number of posts, it may not at first be clear which teachers may as a result be placed on classroom teachers pay scales. In such cases, the governing body must notify all teachers who may be affected. 58. Safeguarding may end before the end of the three-year period in the following circumstances: where teachers have lost their leadership group or AST posts and become classroom teachers, when their new pay entitlements in their new posts become higher than their original pay entitlements; or where they have been affected by reductions in pay ranges, when their new pay entitlements on their new ranges become higher than their original pay entitlements; or when they cease to be classroom teachers or move school, except where general safeguarding applies. 59. Teachers in receipt of safeguarding worth more than 500 are, again, subject to the provisions requiring governing bodies to consider the allocation of additional duties. Unreasonable refusal to carry out such duties may lead to the loss of safeguarding. 60. Specific safeguarding arrangements apply to head teachers already receiving safeguarded sums following reduction of their ISRs prior to 1 September If, following the usual determination of their pay, such head teachers would still be on lower pay points than those on which they were paid on 31 August 2005, they must be paid safeguarded sums equal to the difference. The value of the safeguarded sums must be re-determined at each subsequent annual pay determination, taking account of the value of their old pay points compared to their current pay points. They must be notified in their annual pay statements of the new point, the safeguarded sum and any subsequent change in the value of that sum. 61. This safeguarding ceases when head teachers ceases to be head teachers, when they are paid on points higher than the original points or when they leave their schools other than in circumstances where general safeguarding applies. There is no time limit to this safeguarding.

12 PAY SAFEGUARDING FOR TEACHERS - NUT GUIDANCE: JANUARY Safeguarding for Post-Threshold Teachers Previously on UPS4 or UPS5 62. A small number of teachers were placed on UPS4 or UPS5 prior to the removal of these points in September Rather than having their pay frozen until the value of UPS3 overtakes it, these teachers are now treated as if they are on UPS3 and have their pay increased in line with the pay award. In addition, they receive the difference between the value of UPS3 on 1 April 2004 and the value of their former UPS4 or UPS5 point safeguarded as a cash sum for three years from 1 April 2005 as long as they continue to be a post-threshold teacher. Assimilation Safeguarding 63. Assimilation safeguarding arrangements protect teachers against pay losses arising out of the various pay changes, such as the threshold and Upper Pay Scale, introduced in Protection of the former Teachers of the Deaf allowance is included in assimilation safeguarding. 64. Prior to 1 January 2006, assimilation safeguarding arrangements included elements of both cash safeguarding and mark-time safeguarding, under which the value of the safeguarded sum was reduced over time. From 1 January 2006, this has changed. Assimilation safeguarding arrangements at 31 December 2005 will be safeguarded on a cash basis for up to three years only and will end on 31 December 2008 at the latest. It can end before that in circumstances similar to those outlined elsewhere, including ceasing to be a classroom teacher. Inner London Supplement (ILS)/Social Priority Allowance (SPA) Safeguarding 65. Teachers in receipt of the former ILS or SPA on a safeguarded basis at 31 December 2005 will continue to receive this safeguarding for up to three years from 1 January They must be notified in their pay statements of the safeguarded sums concerned. Safeguarding for the ILS or SPA will end on 31 December 2008 at the latest. It can end before this date for reasons including pay progression, moving to a different pay spine, this excludes teachers moving through the threshold and Leadership Group teachers/asts moved onto a different scale due to internal school reorganisation, and unreasonably refusing to carry out additional duties where the safeguarding is worth more than 500. Safeguarding for Teachers on Fixed Term Contracts 66. Teachers with TLRs employed under fixed term contracts who then have their TLRs removed or reduced before the end of their contracts will receive safeguarding of their TLRs until their contracts end. Similar arrangements will apply to ASTs or members of the Leadership Group who are employed for fixed periods or on fixed term contracts that is, safeguarding will only apply up to the point when the fixed period or fixed term contracts expire. National Union of Teachers January 2006