TEACHERS’ PAY AND CONDITIONS IN ACADEMIES GUIDANCE FOR NUT MEMBERS This document provides guidance for NUT members on teachers’ pay and conditions of service in Academies. BACKGROUND There are currently 83 operational Academies in England at the time of writing (October 2007). The Government initially intended the programme to comprise at least 200 Academies in England by 2010. In November 2006, however, it was announced that the Government hoped that up to 400 Academies would open. None are planned in Wales. The NUT continues to oppose the establishment of Academies in principle. Information on NUT policy on Academies, including documents for use in local campaigns where Academies are proposed, are available on the Privatisation of Education section of the NUT website (www.teachers.org.uk). NUT members should, in the first instance, contact their school representative, local Division Secretary or Regional Office for advice and guidance where an Academy is proposed. Notwithstanding this opposition, however, the NUT is committed to supporting and protecting its members who transfer to and/or work in Academies. This document gives guidance on the pay and conditions of service firstly for teachers who apply for and are newly appointed to teaching posts in Academies after they have opened; and secondly for teachers who transfer to an Academy which replaces a previous school at which they worked. Newly appointed teachers at an Academy In all Academies, the sponsor is able to set its own pay, conditions and working time arrangements for new joiners to the Academy. In some Academies, the arrangements for newly-appointed teachers’ pay and conditions are similar or in some cases identical to those for teachers in LEA-maintained state schools. In others, teachers’ pay and conditions can be very different. Teachers transferred from predecessor school(s) replaced by an Academy Teachers transferred from predecessor schools are covered by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The TUPE regulations provide that, where an Academy replaces an existing school(s), teachers’ previous pay and conditions entitlements transfer. These include statutory provisions on pay, professional duties and working time and national and local agreements on teachers’ conditions of service, redundancy payments and recognition of the NUT as a trade union. Where the Academy is a new institution, however, there are no transferees and all teachers are in the first category of newly appointed teachers. PAY & CONDITIONS IN ACADEMIES – GUIDANCE FOR NUT MEMBERS 2 The remainder of this paper looks in detail at: (1) the pay and conditions of service arrangements newly appointed teachers at Academies; and (2) the arrangements for teachers who have transferred from school(s) replaced by an Academy. The final section considers issues common to and relevant to all teachers in Academies. NEWLY APPOINTED TEACHERS As noted earlier, pay and conditions arrangements for new appointees to Academies are not automatically identical to those under the School Teachers’ Pay and Conditions Document (STPCD) and the Burgundy Book national agreement on conditions of service. Each Academy is able to decide for itself the form of the teachers’ pay and conditions provisions for newly appointed teachers. In its negotiations for teachers in each Academy, the NUT seeks, as its over-riding priority, the application of the STPCD provisions on pay structure, pay levels and working time and the Burgundy Book national agreement on conditions of service, or closely comparable arrangements, for all teachers newly appointed to the Academy as well as those transferred from any predecessor school under TUPE arrangements. The NUT will, where necessary, consult members with regard to action up to and including industrial action to secure such arrangements. Transferred teachers should, in the NUT’s view, retain their previous entitlements even where they have successfully applied for or agreed to take up new posts at the Academy following transfer. This is considered further in the section on transferred teachers. Pay Specific matters that teachers should ask about when considering applying for teaching posts in an Academy are as follows: Does the Academy follow the STPCD provisions on teachers’ pay structure and pay levels? If yes, are the STPCD provisions directly incorporated into teachers’ contracts? If no, what are the Academy’s pay arrangements? In particular: - Are the pay levels comparable to the STPCD’s pay levels? - Is there an automatic link to the annual national teachers’ pay increase? - What are the pay arrangements for teachers in promoted posts? - Are management payments in addition to basic scale payments or are managers paid on separate bands? - What are the rules for progression on the Academy’s pay scales? - In the London area, what are the arrangements for Inner London, Outer London and Fringe area allowances? Contractual working time Does the Academy follow the STPCD provisions on teachers’ working time? If yes, are the STPCD working time provisions directly incorporated into teachers’ contracts? PAY & CONDITIONS IN ACADEMIES – GUIDANCE FOR NUT MEMBERS 3 If no, what are the Academy’s working time arrangements? In particular: - Does the Academy contract include any specific provisions on overall working time? If yes, is the working time required of teachers greater than the STPCD limit of 1265 hours annual directed time? If no, does the contract include any other limit on working time eg a limit on weekly working time? - Does the Academy contract include any specific provisions on working days? If yes, are the working days required of teachers greater than the STPCD limit of 195 working days of which only 190 are teaching days? If no, does the contract include an other limit on working days? - What expectation if any is there for additional working time in the teacher’s own time? - Is there a contractual limit on teachers’ cover obligations? If yes, does this at least match the STPCD limit of 38 hours’ cover per year? If no, what are the arrangements? - Does the contract include an entitlement to safeguarded PPA time within the weekly teaching timetable for teachers’ planning, preparation and assessment? If yes, does this at least match the STPCD PPA entitlement of 10% of timetabled teaching time from September 2005? If no, what are the arrangements? - Are there any provision excluding teachers from undertaking bureaucratic or administrative tasks? What is the practice with regard to weekly meetings? Is there an extended school day in the Academy and, if so, what are the expectations on teachers with regard to work before or after the normal timetabled day and at weekends and during the summer? What is the length of the lunch break for teachers? Are teachers protected from undertaking lunchtime supervision? What is the Academy policy on professional development? Is there an entitlement to a specified number of days of CPD during the working year? Any problems faced by NUT members over excessive working time will be taken up by the NUT in accordance with usual practice. Where NUT members have concerns about the length of Academy teaching days, they should seek advice and support from the NUT immediately. Conditions of service Other contractual issues of importance include sick pay, maternity pay, notice periods, disciplinary and grievance procedures, and continuity of employment provisions. Questions to ask include: Does the Academy follow the Burgundy Book national sick pay and maternity pay provisions? If yes, are the Burgundy Book provisions directly incorporated into teachers’ contracts? If no, what are the Academy’s sick pay and maternity pay provisions? Does the Academy recognise previous service with LEA-maintained schools for the purposes of entitlement to sick pay and maternity pay? PAY & CONDITIONS IN ACADEMIES – GUIDANCE FOR NUT MEMBERS 4 Does the Academy follow the Burgundy Book notice periods or are the Academy’s notice periods longer than, or different to, those arrangements? Pensions Academies are automatically approved for membership of the Teachers’ Pension Scheme, allowing newly appointed teachers at an Academy to join or continue in membership of that scheme. TEACHERS TRANSFERRED FROM PREDECESSOR SCHOOL(S) As noted above, where an Academy replaces an existing school(s), teachers who transfer to the Academy from the predecessor school are protected in respect of pay and conditions by the TUPE regulations. Where the Academy applies its own pay and conditions arrangements to newly appointed teachers, this means that the arrangements for the two groups may be different. The NUT will obviously seek to ensure that the preserved terms and conditions for transferred teachers are protected. It is important that, wherever NUT members in this position feel that their terms and conditions of service are being eroded or worsened, they contact the NUT immediately. There are limitations to the protection offered by the TUPE regulations, as follows: The TUPE regulations do not protect staff against loss of employment in the event of a reorganisation after the Academy has been established. Employees may still potentially lose their jobs through reorganisation, as was the case before the creation of the Academy and the TUPE transfer. Although pre-transfer entitlements cannot be terminated or changed by reason of the transfer alone, changes can be made if they are justified for clear economic, technical or organisational (ETO) reasons. The requirement to justify changes, however, affords some protection against arbitrary changes. The NUT is not aware of ETOs being used by any Academy to change or terminate teachers’ contracts. Working conditions which are not contractual terms are not protected. Given that the Government expects Academy sponsors to use innovative approaches to management, teaching and learning, transferees may be likely to encounter changes to areas such as the school day and timetabling. One of the operational Academies, for example, has 3 hour lessons and splits the lunch hour into two 30 minute breaks. The protection conferred by the TUPE regulations will continue for so long as the contractual entitlement would have continued to apply under the former employer. Where a transferred teacher takes up a different post within the Academy following the transfer, either as a result of normal application and appointment to a vacant post or as a result of agreement to move to a different post, the teacher is, in the NUT’s view, entitled to retain their previous contractual entitlements other than the revised rate of pay applicable. The teacher should not be required to accept a move to any different pay and conditions arrangements which might have applied to an external appointee. The specific protections offered by the TUPE regulations for transferees’ pay and conditions entitlements are set out in the following sections. PAY & CONDITIONS IN ACADEMIES – GUIDANCE FOR NUT MEMBERS 5 Pay Transferees will continue to be entitled to be paid according to the pay structure and pay scales set out in the STPCD. Their pay will increase according to increases in the pay scales set out in the STPCD. Contractual working time Transferees’ working time arrangements as set out in the STPCD will continue specifically to include the following provisions, which may not be included in the contracts for newly appointed teachers: a limit of 195 working days per year, of which 5 days must be non-teaching days; a limit of 1265 hours of directed time per year; an annual limit of 38 hours on cover obligations; and an entitlement to 10% PPA within the pupil day. NUT members in this position are encouraged to seek support from their NUT Division Secretary or Regional Office if they believe they are working over and above these limits on working time and cover or if they are not receiving their full PPA entitlement. Transferees also continue to benefit from any contractual entitlements deriving from local agreements between the Union and the authority which maintained the predecessor school. Transferees also continue to benefit from STPCD provisions on administrative and clerical tasks. Conditions of service As noted above, TUPE provisions do not protect working conditions which are not contractual terms. Transferees will not, therefore, usually be protected against changes to the length and timing of the working day, the introduction of shorter lunch breaks or changes to policies on class size. NUT members should, however, seek advice and support from the NUT if they believe that unacceptable working arrangements are being proposed. Other contractual provisions Transferees continue to benefit from the national provisions in the Burgundy Book on contractual issues such as sick pay, maternity pay, notice periods, disciplinary and grievance procedures. Pensions As Academies are automatically approved for membership of the Teachers’ Pension Scheme, transferees are able to continue in membership of that scheme. ISSUES OF GENERAL APPLICABILITY This section considers issues of general applicability to all teachers in Academies. Staffing structures Each Academy is responsible for setting up its own management and staffing structures. PAY & CONDITIONS IN ACADEMIES – GUIDANCE FOR NUT MEMBERS 6 Machinery for negotiation and representation The NUT seeks to negotiate collectively on behalf of teachers at Academies in conjunction with the other teachers’ organisations. Trade union facilities time Some Academies have established facilities agreements providing entitlements to time off with pay for trade union representatives, including learning and safety representatives. Generally, however, such arrangements deal only with trade union duties within the Academy. Facilities time for external NUT duties eg as NUT Division Secretary would need to be negotiated separately with NUT assistance. Returning to employment in LA maintained schools Where any teacher who has worked in an Academy returns to LA service, the period of employment at the Academy will not automatically count as continuous employment for sick pay or maternity pay purposes. Entitlement to sick pay will not be affected, however, unless the teacher has less than 4 years’ previous aggregated employment in LA maintained schools. Entitlement to maternity pay will need to be acquired anew through a new period of continuous employment in LA sector. The period of service in the Academy will however count as continuous employment for redundancy pay purposes comes under the terms of the Local Government Redundancy Payments Modification Order. National Union of Teachers October 2007 .