The Education (School Teachers' Pay and Conditions) (No. 2) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the School Teachers' Pay and Conditions Document 2004 (“the 2004 Document”). Its provisions come into effect on 6^th May 2005, except for paragraphs (e), (f), (m) and (o)-(r) of article 2, which come into effect on 1^st September 2005.

By article 2(l), the Order inserts new paragraph 23A in the 2004 Document that enables relevant bodies to award Teaching and Learning Responsibility payments to classroom teachers (qualified teachers who are paid on the main or upper pay scale) from 1^st January 2006. These new payments, known as “TLRs” (a new definition is inserted in paragraph 1.2), are for undertaking a sustained additional responsibility within the context of the relevant body’s staffing structure for the purpose of ensuring continued delivery of high-quality teaching and learning and for which he is made accountable. Before awarding a TLR, the relevant body must be satisfied that the responsibility meets certain criteria, set out in new paragraph 23A.3. Before awarding a TLR1, the relevant body must in addition be satisfied that the teacher has line management responsibility for a significant number of people.

The relevant body must determine the value of the TLR: the annual value of a TLR1 must be no less than £6,500 nor greater than £11,000 and of a TLR2 must be no less than £2,250 or greater than £5,500. If a relevant body makes awards of different values in each band, there must be a difference in the value of each award of at least £1,500. When making this determination or any other determination regarding 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 (new paragraph 4.1A of the 2004 Document, inserted by article 2(c)).

The award may last while the teacher remains in post or may be temporary. If it is temporary the notice of the relevant body’s determination (required under paragraph 4.3 of the 2004 Document) must set out the date on which, or the circumstances in which (if occurring earlier), it will cease (article 2(d)).

The Order also makes provision for safeguarding the payment of a TLR for a limited period of up to 3 years (“the safeguarding period”) if the relevant body subsequently decides to withdraw or reduce the award of a TLR, following a review of its pay policy or staffing structure or otherwise (new paragraph 23B of the 2004 Document). The method of calculating the safeguarding period (which applies both to paragraph 23B and to paragraph 47A of the 2004 Document) is set out in new paragraph 1.10, inserted in the 2004 Document by article 2(b). The relevant body may allocate additional duties to a teacher who is entitled to receive a “safeguarded sum”. The duties must be ones it reasonably considers are appropriate and commensurate with the safeguarded sum. If the teacher unreasonably refuses to undertake the additional duties, his entitlement to the safeguarded sum must cease provided the teacher is given one month’s notice before the change is implemented.

No new management allowances may be awarded to classroom teachers after 31^st December 2005, as a result of changes made to paragraph 23 of the 2004 Document (article 2(i)-(k)). Under new paragraph 23C, from 1^st January 2006 all management allowances will be safeguarded until 31^st December 2008 at the latest, if not replaced by a TLR of at least the same value. The relevant body may allocate additional duties to a teacher who is entitled to receive a safeguarded sum under this paragraph. The duties must be ones it reasonably considers are appropriate and commensurate with the safeguarded sum. If the teacher unreasonably refuses to undertake the additional duties, his entitlement to the safeguarded sum must cease provided the teacher is given one month’s notice before the change is implemented.

The amendment introduced by article 2(m) makes points awarded to teachers paid on the unqualified teachers' pay spine permanent.

New paragraph 47A, introduced in the 2004 Document by article 2(r), provides for the safeguarding of the salaries of teachers paid on the leadership pay spine (including the head teacher) or on the advanced skills teachers' pay spine, if the relevant pay ranges are reduced or posts are deleted or re-designated as a result of changes to the school’s pay policy or staffing structure. Safeguarding is limited to a maximum of 3 years and the relevant body may allocate additional duties to a teacher who is entitled to receive a safeguarded sum. The duties must be ones it reasonably considers are appropriate and commensurate with the safeguarded sum. If the teacher unreasonably refuses to undertake the additional duties, his entitlement to the safeguarded sum must cease provided the teacher is given one month’s notice before the change is implemented.