Governors or trustees must approve pay rises for the headteacher and will usually approve pay rises for senior leaders as well. In many schools they also approve pay rises for all teachers.
Pay decisions are usually made by a pay committee. If a teacher is refused a pay rise they have the right to appeal, with their case heard by a separate group of governors who have not sat on the pay committee.
This page explains the common procedures for the pay and appeals process, but check the teachers’ pay policy at your own school (as well as any terms of reference for existing committees) to see the rules at your own setting. The DfE provide a model pay policy in their document Implementing Your School’s Approach To Pay.
Pay Committee Procedures
The role of the pay committee is to make decisions on pay progression, which means whether teachers move up a point (or “increment”) on their pay scale.
Decisions in maintained schools depend on how well the teacher has done their job and the results of their annual appraisal; this is know as performance-related pay. Academies may use performance-related pay but do not have to.
Your school may have a separate pay committee or it may be part of the wider responsibilities of another committee that covers finance or resources.
It is not wise to allow pay decisions to be made at full governing body meetings. This is because teachers should be given a right to appeal against a decision and you will need a separate group of governors to hear that appeal.
For example, the model pay policy from my own LA states that a pay appeal must be heard by governors who have not been previously involved in making pay decisions for that teacher.
“The appeal committee will consist of three governors, none of whom have been previously involved in the pay determination for that teacher.”
Model Policy for Determining Teachers’ Pay 2021/22, Southampton LA
How many governors form the pay committee?
In both maintained schools and academies there is no maximum number of governors/trustees who can join the pay committee, but it is wise to make sure at least three governors or trustees do not join the pay committee so they can sit on the appeals panel.
Check the teachers’ pay policy for your own school or academy to see exactly how many governors or trustees will be needed if a teacher appeals.
The full governing body decides who sits on the pay committee and the terms of reference for that committee should state how many governors are members and the number of governors needed for a quorum.
In maintained schools there must be a minimum of three governors on the pay committee, because that is the minimum quorum set by the Roles, Procedures and Allowances Regulations 2013. With two governors or fewer the committee cannot make decisions.
“The governing body must determine the constitution, membership and terms of reference of any committee they decide to establish and review them annually.
“The quorum for any meeting of a committee must be determined by that committee, but in any event must be not less than three governors who are members of the committee.”
Roles, Procedures and Allowances (England) Regulations 2013
In academies it is up to the board of trustees to decide how many trustees form the pay committee. Check your committee’s terms of reference for details.
Who can join the pay committee?
In all schools the pay committee should be formed from governors or trustees who are not employed by that school.
In maintained schools the law forbids all school employees apart from the headteacher from voting on an employee’s pay or appraisal or taking part in the related discussions. The headteacher is also forbidden from voting on their own pay, but is legally allowed to vote on the pay of all other staff.
“(1) This sub-paragraph applies where a relevant person who is paid to work at a school other than as head teacher is present at a meeting of the school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the school.
(2) This sub-paragraph applies where a head teacher of a school is present at a meeting of the school at which a subject of consideration is the head teacher’s own pay or performance appraisal.
(3) In any case where sub-paragraph (1) or (2) applies, the relevant person’s interest will be treated for the purpose of regulation 16(2) as being in conflict with the governing body’s interests.”
Roles, Procedures and Allowances (England) Regulations 2013
Therefore, if a maintained school pay committee is voting on the headteacher’s pay no school employees at all can take part in discussions or vote.
If the pay committee is voting on the pay of any staff member except the headteacher then only the headteacher can legally take part and vote.
However, even though the law allows the head to sit on a pay committee as long as their own pay is not being discussed, this is not considered good practice. The pay process is more robust if the person making the recommendations does not take part in the final decision.
The head still attends meetings of the pay committee but only to explain their recommendations on pay rises and answer questions from governors. The pay committee must then approve or reject these recommendations.
In academies the law quoted above does not apply, but the rules on conflicts of interest in your article of association mean that no trustee employed by the academy can vote on whether to give one of their colleagues a pay rise.
The chief executive officer or principal can attend the pay committee to make recommendations but should not have a vote and must leave the meeting if their own pay is being discussed.
There is a specific rule in the model articles of association that requires trustees to withdraw from a meeting when their own pay is being discussed.
“Any trustee who has or can have any direct or indirect duty or personal interest (including but not limited to any personal financial interest) which conflicts or may conflict with their duties as a trustee shall disclose that fact to the trustees as soon as they become aware of it.
“A trustee must be absent from any discussions of the trustees
in which it is possible that a conflict will arise between their duty to act solely in the interests of the academy trust and any duty or personal interest (including but not limited to any personal financial interest).“For the purpose of article 97, a trustee has a personal financial interest in the employment or remuneration of, or the provision of any other benefit to, that trustee as permitted by and as defined by articles 6.5-6.8A.”
Model Articles of Association (June 2021)
Can parent governors sit on the pay committee?
Yes. All governors must consider whether they have a conflict of interest, as they must for any vote, but a governor is not automatically conflicted just because their child attends the school (or used to).
The DfE advise in their document Implementing Your School’s Approach To Pay that one reason a teacher could appeal is if one of the original decision-makers was biased. This might apply to a governor who is related to or close friends with a member of staff, for example. In that case the governor obviously should not be making decisions about whether their friend or relation gets a pay rise.
Can the chair of governors sit on the pay committee?
Yes. Some schools allocate the chair of governors or trustees to the pay committee and save the vice-chair for an appeals panel (or vice versa), but there are no rules that restrict whether the chair or vice-chair should be on the committee.
Who can see minutes of the pay committee?
Minutes are usually sent only to those governors who are members of the committee. This is because the remaining governors may need to hear an appeal and could be influenced by the reasoning or decisions recorded in the pay committee minutes.
Should governors see teachers’ actual salaries?
No. Governors will usually be given an anonymised report that describes staff as teacher A, teacher B and so on. The report will show whether a teacher has fully or partially met each of their objectives. It may also show how their lessons have been judged (eg: Outstanding, Good etc) or include a short comment from the appraiser.
Salary recommendations are shown as points on the payscale rather than actual figures such as £25,000, so one recommendation might say “Teacher A: met two objectives fully and one partially, recommend move up from M1 to M2”.
In small schools it is not possible to completely anonymise salary recommendations and even in larger schools some of the higher salaries are easily identified – the highest paid teacher is clearly the headteacher, the second highest the deputy head and so on. However, there is no need for governors to know the exact amount each teacher is paid.
What governors can ask for is data on the protected characteristics of teachers under the Equality Act 2010 including race, sex, age and disability. This will allow them to check for any signs of discrimination or bias, for example female teachers receiving fewer recommendations for a pay rise than males.
“It is good practice for schools to record what steps they undertake to avoid discrimination. Equality monitoring is the most effective and efficient method of identifying potential inequality in workplace policies and procedures.
“A breakdown of pay decisions according to each protected characteristic (where applicable) would provide an initial snap-shot. Comparisons year-on-year would then show trends and may identify potential discriminatory practices or procedures.”
Implementing Your School’s Approach To Pay
What are the different payscales?
In maintained schools the minimum and maximum salaries for each payscale are set by the School Teachers’ Pay and Conditions Document (STPCD). Below are the various payscales named in the STPCD.
- The unqualified teacher pay scale.
- The main pay scale for qualified teachers, often written as M1, M2 etc. Traditionally there were six points on this pay scale but your school may have more or less. A newly qualified teacher would join the school on the main pay scale.
- The upper pay scale, often written as UPS1, UPS2 etc (or UP1, UP2). Qualified teachers can apply to be paid on the upper pay scale at least once a year. Traditionally there were three points on this pay scale but your school may have more or less.
- The leading practitioner pay scale, for teachers who are modelling and leading the improvement of teaching skills.
- The leadership group pay scale, for senior leaders. Often written as L1, L2 etc.
The specific salaries for each point on the payscale will be shown in your school’s pay policy. For example, in my LA’s model policy a teacher on the main payscale point M1 earns £25,714 and a teacher on UPS3 earns £41,604.
Governors may also discuss the individual schools range (ISR) for the head, deputy head and and assistant heads. This means the minimum and maximum pay points they can receive. For example an assistant head might be paid on an ISR of L10 to L14.
Finally, a teaching and learning responsibility (TLR) payment may also be discussed. This is an extra payment given to teachers who take on additional responsibilities.
In academies boards do not have to follow the School Teachers’ Pay and Conditions Document unless staff have transferred to the academy under the Transfer of Undertakings (Protection of Employment) or “TUPE” process. If staff transferred under TUPE their contract remained the same so the STPCD still applies.
Many academies choose to follow the STPCD anyway, even when the TUPE process does not apply. Check the pay policy of your academy trust to see the pay scales and processes in use.
Should governors see teachers’ appraisals?
No, the details of the appraisals are considered confidential to each employee. Governors can ask questions about the appraisal process to check it is effective, fair and using appropriate evidence, but they do not need to view the actual appraisals.
“The appraisal and capability processes will be treated with confidentiality. However, the desire for confidentiality does not override the need for the headteacher and governance board to quality-assure the operation and effectiveness of the appraisal system.”
Teacher Appraisal and Capability: A Model Policy For Schools
Should governors make pay decisions for all teachers or just senior leaders?
Governors must make decisions about the headteacher’s pay and a separate articles covers the head’s appraisal process.
For all other teachers it is up to the governing body whether to take decisions themselves or delegate the decision to the headteacher or an individual governor. The DfE model pay policy indicates that procedures can vary from school to school.
“Insert any particular arrangements for your school. For example, decisions may be made by an individual (eg: a governor or the head) or a pay committee of the governance board).”
Implementing Your School’s Approach To Pay
The most common advice seems to be that at minimum governors should make pay decisions for the senior leadership team (SLT).
The National Education Union recommends that the pay committee makes pay decisions for “all leadership group” teachers. It is up to the governing body whether pay decisions for teachers below that level are made by governors or delegated to the head or chief executive officer and this may depend partly on the size of the school.
“Governing bodies are permitted to delegate pay decisions to a governing body committee, individual governors or the headteacher.
“The NEU advises that decisions in respect of all leadership group teachers should be taken by the governing body committee responsible for pay/staffing issues and reported to the full governing body.
“Decisions in respect of deputy and assistant headteachers should not be delegated to the headteacher alone.”
National Education Union (NEU)
What questions can the pay committee ask?
The pay committee members receive limited information because they cannot see the actual appraisals. However, governors should be asking questions to ensure the pay process is robust and decisions justified, that the school’s approach to pay is having an impact and that the budget implications of pay rises have been considered.
“Will the governance board be able to defend its decisions if challenged (eg: by dissatisfied teachers or by Ofsted)?
“Governance boards will need to satisfy themselves that objective-setting is rigorous and that the school’s pay policy provides a clear link between levels of achievement and progression.”
Implementing Your School’s Approach To Pay
The DfE model pay policy says the governors need to make decisions “in the light of the school’s budget” and ensure that their school can afford the increases.
“The governance board will consider its approach in the light of the school’s budget and ensure that appropriate funding is allocated for pay progression at all levels.”
Implementing Your School’s Approach To Pay
Here are some possible questions that the pay committee could ask.
- Does the number of staff passing through to the upper pay scale match the overall quality of teaching?
- Do the overall number of pay rises correlate with the overall quality of teaching?
- Do pay rises correlate with pupil outcomes?
- If all teachers have met all their objectives, were they ambitious enough? If many teachers have failed objectives, were they too tough?
- When was a pay rise last denied?
- If pay rises are never denied are we sure objectives are ambitious enough and appraisals fair but rigorous?
- How do you know that appraisals are fair and take into account relevant evidence?
- If a move to the upper pay range is recommended, how do we know that teacher has made a “substantial and sustained” contribution to the school, which is a requirement of STPCD?
- What are the total costs of implementing these proposed pay rises?
- Has the cost been accounted for in the budget?
Appeal Panel Procedures
If a teacher has been denied a pay rise they should be given a chance to appeal against the decision. They might argue for example that the school’s pay policy was not applied correctly, that evidence used in their appraisal was inaccurate or that they were discriminated against.
“Schools should ensure that an appeals procedure is in place before any pay determinations are made. What follows is intended as a guide as there is no statutory process for schools to follow in terms of hearing pay appeals.”
Implementing Your School’s Approach To Pay
There is no statutory process for pay appeals but the DfE recommend a three-stage process as follows:
- An informal discussion with the appraiser or headteacher before the pay recommendation is confirmed.
- A formal representation to the person or governors making the decision on pay.
- An appeal to a panel hearing involving governors. The decision of the governor appeals panel is final.
“In the hearing before governors, both the teacher and the management representative will have the opportunity to present their evidence and call witnesses; the parties will also be able to question each other.
“The panel is permitted to ask exploratory questions. The appeal panel’s decision is final and, as set out in section 3 of the STPCD, there is no recourse to the general staff grievance procedure.”
Implementing Your School’s Approach To Pay
Who sits on the pay appeals panel?
The DfE recommend that three governors form the appeals panel. This matches the recommendation from my own LA, whose model policy says that the appeal panel “will consist of three governors”.
“It is recommended that the panel which hears pay appeals should comprise three governors who were not involved in previous discussions regarding the teacher’s pay determination.”
Implementing Your School’s Approach To Pay
Crucially, these three governors should not be the same governors who sat on the pay committee or took part in any discussions about the teacher’s pay. This is because the appeals process is designed to give the teacher a fresh, unbiased hearing.
Rather than having a fixed membership of three named governors you could say the appeals panels will be formed from any three governors in the available “pool”. The pool contains all governors who are eligible to hear an appeal.
For example, terms of reference for the pay appeals panel might say that membership consists of “Any three governors who are not school employees or members of the pay committee/headteacher’s appraisal panel.”
Using the pooled approach makes it easier to assemble an appeals panel within the timeframe set by your pay policy.
Who can attend the appeals panel?
Obviously the governor panel and the teacher themselves can attend, as well as the headteacher or senior leader who made the pay recommendation that is being contested.
In addition the teacher can bring a colleague, union rep or representative from a professional organisation. A clerk should also attend to take notes.
“Teachers making representation at stage two and making an appeal at stage three may be accompanied by a colleague or representative from a professional organisation or trade union.
“Pay appeals should be formally clerked and a note of proceedings should be produced.”
Implementing Your School’s Approach To Pay
Pay Appeals Panel Agenda
The DfE provide an example agenda for a pay appeals panel in their guide to Implementing Your School’s Approach To Pay. The agenda is shown below and I’ve also added it as a downloadable Word file to my templates and letters page.
- Introductions
– The chair introduces everyone and explains what their role is, then outlines the order of the hearing.
– The human resources clerk takes notes of the hearing. - The Employee Case
– The employee or their representative presents the employee case, providing any evidence to support their case, including from witnesses (if any).
– A management representative has the opportunity to question the employee.
– The chair asks questions and subsequently opens the discussion to the panel - The Management Case
– The management representative presents management case, providing any evidence to support their case, including any witnesses.
– The employee or their representative has the opportunity to question the management representative.
– The chair asks questions and subsequently opens the discussion to the panel. - Summarising and End of Hearing
– The employee or their representative sums up the employee case.
– The management representative sums up the management case.
– If appropriate, the chair can sum up the key points on both sides.
– The chair will then end the hearing, advising the employee that they will receive the panel’s decision in writing within a given timescale. - Decision-Making
– The panel meet to reach their decision.
– The HR clerk notes the main points of the panel discussion and their decision.
– The panel obtains HR advice, if required, to inform their decision-making. - Communication of Decision
– The employee is notified of the decision. The decision and reason for the decision is confirmed in writing.