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9 Pay and Conditions of Service - Teachers and Support Staff

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9 Pay and Conditions of Service - Teachers and Support Staff ...

    Pay and Conditions of Service Support Staff Pay and Conditions of Service Support Staff

Application of this section to Community, Voluntary and Foundation

    schools.

This section on pay and conditions of support staff is directly relevant to

    Community Schools and sets out current Council grades, together with

    broad advice on determining appropriate grades and pay rates.

For Voluntary and Foundation schools this is less relevant. However, those

    schools that adhere to pay and conditions that mirror those offered by the

    Council will find this section useful as it provides the Council‟s recommended

    good practice.

    Date last updated August 2006 Page 1 of 19

Pay and Conditions of Service Support Staff

    General

Pay and conditions of support staff are not determined on a statutory basis by

    the Government, in the same way as for teachers. They are currently decided

    by collective bargaining at national level, through the National Joint Council

    for Local Government Services.

The National Agreement on Pay and Conditions of Service for former APT&C

    and Manual employees; the NJC for Local Government Services, is contained

    within a handbook known as the „Green Book‟.

The National Agreement between Local Authority Employers and the Trade

    Unions on single status endorsed the harmonisation of the conditions of

    service of former “officer” and “manual” grades and thereby moving to a

    single pay and grading scheme, committed all local authorities to review their

    pay and grading.

The Council's Grading Structure

The Council‟s pay and grading scheme, has the following key features:

13 overlapping grades (or bands), each with 7 or 8 incremental steps

    each post is allocated to a band by assessing its “job size” using the Hay job

    evaluation scheme.

    Increments are only payable as a result of positive assessment under the

    Council's performance management scheme, and subject to available

    headroom within the band.

    Staff will only be eligible to receive increments with effect from 1 April each

    year. For exceptional performance, a maximum of two increments may be

    paid, in accordance with the criteria detailed in the performance management

    scheme. Decisions to paid 2 increments are always made by the Governing

    Body

The Pay Spine & London Weighting

Appendix 1 to this Section shows the Council‟s pay spine and its relationship

    to the grading structure.

Pay awards are negotiated annually by the National Joint Council. The steffective date of any increase is normally the 1 April.

In addition to the pay award negotiated at a National level, the Greater

    London Provincial Council negotiates any annual increase in London stWeighting. From the 1 April 2001 London Weighting has been added to the

    National spine to create an Inner London Pay Spine, which is used by the

    Council.

Date last updated August 2006 Page 2 of 19

Pay and Conditions of Service Support Staff

Community Schools Obligations

    Each governing body has to ensure that all posts held by non-teaching staff employed by the school are aligned with the Council‟s grading structure. To

    achieve this schools need to :

    produce or review and update job descriptions

    determine the system by which jobs will be evaluated

    allocate a grade (from the Council‟s range of 13) using an appropriate job evaluation scheme

    determine an appropriate salary within the grade, and the method by which staff will progress through the grade

    For new support staff, governing bodies are able to specify the duties to be performed and the appropriate grade within the scales and grades currently applicable to employment with the Authority. Governing bodies can select the grade they consider appropriate for the post, having regard to the duties specified in the job description, using an objective basis, established by job evaluation.

    Governing Bodies in the review of the pay and grading of the support staff decided that :

    Incremental progression would not apply to within the grade of the posts of all the school support staff

Or

    incremental progression will apply within the grade of the posts of support staff and to implement any increment based on appraisal following performance management.

    Governing Bodies may decide the system of performance management they wish to introduce. Guidance on the introduction of performance management based on the scheme introduced through Southwark Council is in a separate section.

    Governing Bodies can also exercise any discretions in salaries currently operational within the Authority when making an appointment. An example would be the point of entry to a scale for a new member of staff. Governing bodies have the discretion to appoint new staff at any point within this range. However, there must be objective justification for payment at a different point. Such objective justification may include; the holding of qualifications, experience, (etc.) where their existence can be shown to have a tangible impact on a postholder‟s ability to carry out duties in a manner which improves service provision.

    A market supplement may be payable where salaries in comparable posts can be shown to have a tangible effect on the school‟s ability to recruit or Date last updated August 2006 Page 3 of 19

Pay and Conditions of Service Support Staff

    potentially to retain staff. The fact that a post (or type of post) is paid more elsewhere is not sufficient reason.

A market supplement is defined as -

    “a time limited supplement to basic pay made in recognition that comparable posts in a competing market are paid higher salaries as the norm”.

    A protocol for the payment of a market supplement is provided in Appendix 2. Market supplements should only be introduced or changed in consultation with Education Human Resources.

Annual Leave:

General Conditions

    (a) The leave year is from 1st April to the following 31st March.

    (b) The annual leave entitlements for all staff are detailed below and should be taken during school closure periods unless agreed in exceptional circumstances by the headteacher.

    (c) Part-time employees and Job Sharers are entitled to the paid annual leave proportionate to their working week or year.

    The annual leave entitlement for each part-time or Job Share employee is calculated as follows:

     X = the annual leave entitlement in days that each employee would have under the relevant National Agreement if they worked in the post full time.

     Y = hours actually worked

     Z = hours for which the post is established

     The annual leave entitlement = X(Y/Z)

New Entrants and Transfers Between Local Authorities

    (a) New entrants to the local government service are entitled to one twelfth of their annual leave entitlement for each completed calendar month of service during the leave year of entry and after that on the normal scale; “service” being defined as continuous service under one or more Local Authorities.

    (b) Where an employee transfers to another local authority, the authority whose services the employee is leaving shall pay the salary of any statutory Date last updated August 2006 Page 4 of 19

Pay and Conditions of Service Support Staff

    or general holiday which immediately follows the last day of work with that authority.

    (c) When an employee has received approval to the carrying forward of outstanding leave from a previous year and transfers to another authority, that authority should be requested to accept the responsibility for such leave. If that responsibility is not accepted, payment should be made for outstanding days.

    Employees transferring from one Authority to another, should obtain approval to take with them any outstanding leave owed at that time.

    Leaving Local Government Service

(a) Employees leaving local government service are entitled to annual

    leave in proportion to the number of complete months worked in the current year, plus where it has been agreed that leave can be transferred from one leave year to the next. Leave may be taken prior to the last day of service, subject to the exigencies of the service or a payment made in lieu of outstanding leave.

    (b) If an employee has taken leave in excess of the amount due on the proportionate basis at the date of leaving the service, an appropriate deduction in respect of such excess leave shall be made from the final payment of salary. No such deduction shall be made in the case of the death of the employee.

    (c) Payment will be made in a similar way for those retiring from the service, except that no payment in lieu of leave shall be made to an employee upon retirement by reason of age if there is any outstanding leave.

Bank Holidays and General National Holidays

    Except where otherwise shown on individual contracts of employment, employees shall be entitled to Statutory and General National Holidays in addition to their annual leave entitlement.

    An employee‟s pay includes payment in plain time rates in respect of Bank Holidays and General National Holidays. That payment is referred to as” normal pay” for those days in the following information.

    Where, due to the exigencies of the service employees are required to work on a Bank Holiday or General National Holiday within their normal working hours, provision exists for either taking of time off in lieu, in which no additional payment is made or payment in accordance with the following:

     Employees graded Grade 8 or below

     Overtime on any day other than a Sunday, or general public/bank holiday, payment is made at time and half. Sunday payment is made at double time. Date last updated August 2006 Page 5 of 19

Pay and Conditions of Service Support Staff

     Employees Grade 9 and above

     Planned overtime - no enhancement is payable.

    Part-time employees and job sharers will be entitled to paid leave in respect of Bank Holidays and Statutory holidays which fall on a normal working for the employee concerned.

    An employee on unpaid leave for a period exceeding two weeks shall not be entitled to payment in respect of any Bank Holiday or General National Holiday occurring during the period of such leave.

Maternity and Leave

    An employee on maternity leave will continue to accrue annual leave throughout her leave period, including during unpaid maternity leave.

Sickness and Leave

    An employee who falls sick during a period of annual leave will be considered to be on sick leave , if a medical certificate is provided covering the full period of sickness absence.

In all other circumstances employees on unpaid leave, including unpaid

    sickness absence cease to accrue annual leave.

     Term Time Only Employee

    An employee employed for term time only the salary is calculated by a formula to be paid over 52 weeks of the year. The annual leave entitlement is taken in the school holiday period and is taken into account in the formula that calculates salary.

     Annual Leave Entitlements

     Basic Entitlements No of Days

     up to and including Grade 8 26

     Grade 9 and above 28

     Additional Entitlements for long service Total Entitlement

     After 5 years continuous local government service Basic + 5

     (inclusive of ILEA Service)

     After 7 years continuous service (including 2 with LBS) Basic + 6

     After 10 years continuous service (including 5 with LBS) Basic + 7

     After 15 years continuous service (including 10 with LBS) Basic + 8 Date last updated August 2006 Page 6 of 19

Pay and Conditions of Service Support Staff

Outstanding leave at the end of the leave year

    Governing Bodies of all schools will wish to develop their own local policy in respect of carry-over of leave. This is the Council‟s policy on these matters

    which may be adapted for local use.

The entitlement of annual leave of employees for any leave year shall be

    taken during that year or forfeited, except that in exceptional circumstances,

    the headteacher or a nominee may support a request to “carry over leave

    “ which would need to be agreed by the governors.

Employees with less than six months local government service can have their

    annual leave carried over automatically.

Requests for “carry over leave” should be submitted as early as possible and

    no later than 31st March.

Term Time Staff

Where employees only work during term time the payment of salary including

    payment for accrued holidays, normally taken coincidental with school

    holidays, is apportioned equally over 12 months. The formula to calculate the

    term time hours is in appendix 3.

When an employee who is paid term time only leaves it is necessary to

    calculate the pay that they would receive based on the actual days worked

    and based on the actual days paid. This may, therefore, result in an employee

    being due or owing pay depending on when they commenced and leave

    employment. Any pay owing will be deducted from the final salary payment.

The calculator for term time staff is available via this link

Part -time workers

    Under the Part-time Workers (Prevention of Less Favourable Treatment)

    Regulations 2000 a part-time worker has the right not to be treated by his or

    her employer less favourably than the employer treats a "comparable full-time

    worker" (a) as regards the terms of his or her contract; or (b) by being

    subjected to any other detriment by any act, or deliberate failure to act, of the

    employer (reg. 5(1)). But that right applies only if the less favourable

    treatment "is on the ground that the worker is a part-time worker", and it "is

    not justified on objective grounds" (reg. 5(2)).

Date last updated August 2006 Page 7 of 19

Pay and Conditions of Service Support Staff

    Standby Payment

Payment is made if staff are required to be on call outside normal hours. This

    applies to non-resident Premises Officers only. Residential Premises Officers

    receive rent free accommodation for undertaking this.

Standby Payment is based on units per session, as below:

    Monday to Friday : 1 unit per stand-by session exceeding six hours.

    1/2 unit per stand-by session up to and including six

    hours

    Saturday 2 units per session

    Sunday/Public Holiday 3 units per session

The unit payment is included in the salary scale in Appendix 1

Acting Allowances and Honorarium Payments

The Governing Bodies of all schools should have a policy on this issue. This

    is the Council's own policy which may be adapted for local use.

When the duties and responsibilities of a post are not being carried out, either

    because the post is vacant awaiting a new post holder or for another reason

    (i.e. the current post holder is on long-term sick leave), there are two ways of

    providing cover for that post and rewarding the person or persons who

    perform those duties. These are by acting allowances or honorarium

    payments.

In all cases of acting allowances and honoraria payments, it should be noted

    that:

additional duties have to be undertaken over a minimum continuous period of

    four weeks, payment being effective from the first day of duty;

neither acting allowances nor honorarium payments should be made where

    overtime payments are made for the same work being done.

Honorarium Payments

In addition to the circumstances described above, there may be instances

    where employees temporarily take on other duties (not necessarily associated

    with a vacant post). For example, it may be appropriate for an additional

    payment to be made where an employee has undertaken a particularly

    onerous project outside of their normal duties and responsibilities.

It is recommended that applications should be invited for the position

    requiring cover by circulating details within the work area, and proceed with

    “mini-competition” for the post, including selection interviews in accordance

    Date last updated August 2006 Page 8 of 19

Pay and Conditions of Service Support Staff

    with the recruitment procedure. This will ensure that all staff are given the chance to be considered for the honoraria. However, it is acknowledged that on occasions there will be an immediate need for the additional duties and responsibilities to be covered, and that the line manager/Headteacher may have to identify the most suitable individual(s) immediately rather than invite applications.

    Where honoraria payments are recommended, appropriate authorisation must be obtained prior to implementation, taking account of the following:- the additional duties and responsibilities are detailed, thus establishing the percentage of the post covered;

    the commencing date and length of time the honorarium will apply; the current spinal column point of the person undertaking the additional duties; the difference between the spinal column point of the person undertaking the additional duties and the spinal column point of the post covered. This difference (annual sum) should be proportioned according to the percentage of duties being undertaken and the length of time for which they are being undertaken.

    Undertaking Duties of a Lower Graded Post:

    Where an employee is undertaking additional duties of a lower-graded post to themselves, there are two approaches to calculating the honorarium, dependent upon the spinal column point they are being paid at within their own grade.

    Calculations are made in the same way as above based on either the maximum point of the lower grade, or 40% of the difference between the minimum and the maximum points of the lower grade.

    Undertaking “Exceptionally Onerous Duties Outside the Scope of the

    Post:

    Where an employee is undertaking “exceptionally onerous” duties, calculation of the honorarium is made purely on a percentage basis, i.e. how much extra work is being performed.

    Where an employee is undertaking additional duties of a post which is the same grade as themselves, there are two approaches to calculating the honorarium dependent upon the spinal column point they are being paid at within the grade.

These are:-

    if they are paid at any point below the maximum of the grade, then the difference between their actual spinal column point and the maximum of the grade is used for calculation.

    if they are paid at the maximum of the grade, then 60% of the difference between the minimum and the maximum of the grade is used for calculation. Date last updated August 2006 Page 9 of 19

Pay and Conditions of Service Support Staff

Acting Allowances

    An acting allowance may be considered as a means of covering the full range of duties of a vacant post. As with honorariums applications should be invited for the position requiring cover by circulating details within the work area, and proceed with “mini-competition” for the post , including selection interviews in

    accordance with the recruitment procedure. This will ensure that all staff are given the opportunity to be considered.

    Where the full duties of a higher graded post are undertaken, an acting allowance may be approved for payment. The acting allowance is calculated as the difference in salary between the individual‟s substantive post, and that of the position being covered (usually the minimum spinal point of the grade).

    Where less than the full duties of a higher graded post are being undertaken an honorarium payment should be considered.

    It is recommended that a written justification for the award of the additional payment (whether honorarium or acting) is produced to justify the award to the individual, the basis of the payment and provide either an end date or review period. If the recommendations are not being made by the Headteacher, they should be considered by the Headteacher before being confirmed.

    Apart from exceptional circumstances, which should be set out in the recommending for payment, all payments should be reviewed after 3 months and each 3 months thereafter. If payments continue for more than 1 year, a review of the original justification should be undertaken.

Overtime

General

    The provision exists for taking time off in lieu, in which no additional payment is made.

    Extra time of less than half an hour on any day does not rank as overtime. Overtime payments only apply where the full time hours are exceeded.

Overtime Rates

A number of rates apply as follows: -

a) Employees on grade 1-8 (inclusive)

    For overtime on any day other than a Sunday, or general public /bank holiday, payment is made at time and a half. For overtime on Sunday, general public /bank holiday, payment is made at double time. Overtime is based on the grade rate, and is not enhanced by other allowances paid, e.g. night duty.

Date last updated August 2006 Page 10 of 19

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