Educational Contract Matters
Since 2003 this publication has provided the framework for teachers’ pay in England and Wales, comprising the School Teachers’ Pay and Conditions Document (the Document) and statutory guidance. The latest version, STPCD 2017 came into effect on 1 September 2017.
- Part 1 Pay – general
- Part 2 Leadership group pay
- Part 3 Other teachers’ pay ranges
- Part 4 Allowances and other payments for classroom teachers
- Part 5 Safeguarding
- Part 6 Supplementary
- Part 7 Contractual framework for teachers
- Annex 1 Teachers’ Standards
- Annex 2 Interpretation
- Section 3 – Guidance
- Burgundy Book
This revised edition of the Conditions of Service for School Teachers in England and Wales (“the Burgundy Book”) takes into account developments in national conditions of employment over the past ten years and changes to the legislative framework for the employment of school teachers in county, voluntary controlled, voluntary aided and special agreement schools, as defined in paragraph 2 of Section 2. The agreement covers the general field of “conditions of service” and represents the national agreement between the six teacher associations and the local education authorities.
- Section 3 Appointment: Resignation: Retirement
- Section 4 Sick Pay Scheme
- Section 5 Maternity Scheme
- Section 6 Other Leave
- Section 7 Grievance and Disciplinary Procedures
- Section 8 Miscellaneous Conditions
All teachers, including headteachers who are timetabled to teach, should have guaranteed time within school sessions to plan and prepare for their lessons and to assess pupils’ work. The time must be a minimum of 10% of their timetabled teaching time and the time should be clearly marked on the timetable. The use of this time is under the direction of the individual teacher and it is guaranteed. It cannot be used for any other activity, including cover. This provision can be found in paragraph 52.5 of the STPCD 2017.
In the STPCD 2017 is states – “Teachers should be required to provide cover in accordance with paragraph 50.7 only rarely, and only in circumstances that are not foreseeable (this does not apply to teachers who are employed wholly or mainly for the purpose of providing such cover).”
Members should refuse to provide any cover, including being asked to take pupils into their class or group from other classes where the teacher is absent (split-classes). Cover is not a good use of the time of teachers at the school. Absence, triggering cover, occurs when the teacher normally responsible for teaching a particular class is absent from the classroom during the time they have been timetabled to teach. The absence could be for a variety of reasons, including internal and external reasons, as well as sickness, all of which could be foreseen. It could be short or long term. Members should not cover for any absence.
Under para 51.9 of STPCD, no teacher employed part-time may be required to be available for work on any day of the week or part of any day of the week on which the teacher is not normally required to be available for work under their contract of employment (whether it is for the purposes of teaching pupils and performing other duties or for the sole purpose of performing other duties).
It should be noted that under para 51.10 a part-time teacher may be required to carry out duties, other than teaching pupils, outside school sessions on any day on which the teacher is normally required to be available for work (whether the teacher is normally required to be available for work for the whole of that day or for only part of that day).
The context for performance management is the primary legislation in the Education Act 2002 and associated regulations for appraisal. Since 2002, all schools, and local authorities for centrally attached staff, have been required to review annually the performance of teachers and headteachers.
The current regulations governing performance management are the 2012 Regulations but do not apply to: – any newly qualified teacher who is undergoing, or has not completed satisfactorily, their induction year;
– any teacher or headteacher while they are the subject of a formal capability procedure; or
– teachers and headteachers employed in academies.
Performance Management Reviews
The NASUWT guide “Taking Control of You Performance Management” covers the following:
- Reviewing Performance at the End of the Cycle
- Planning for the Performance Management Cycle
- Monitoring Progress during the Cycle
- The Education (School Teachers’ Appraisal) (England) Regulations 2012
- Statutory provisions
- Classroom observation
- The Teachers’ Standards
Performance Management and Pay Policy
The NASUWT have produced an audit tool (downloadable pdf) to check the school policies on Performance Management and Pay. Any school policy not conforming to the audit should not be agreed without first taking advice.