New publications from the Department for Education: Updated Guidance on Teacher Appraisal, Teacher Capability & Managing Teachers’ and School Leaders’ pay

The Department for Education published several new guidance documents relating to Teachers' Pay and Teacher Appraisal on  30th July.  This follows the government's acceptance of the recommendations of the School Teachers’ Review Body (STRB) to remove the requirement for schools to use performance-related pay to inform pay decisions.

Below you can find a summary of the key messages included in each update:

Updated Guidance on Teacher Appraisal and Capability 

Previously appraisal and capability guidelines were published as one document: 'Teacher appraisal and capability: a model policy for schools'  it has now been separated into two separate guidance documents.

Teacher Appraisal

The new guidance document 'Teacher appraisal’:

• Highlights the 'supportive and developmental' nature of the appraisal process as a 'safe environment' where 'open and honest conversations' can be had
• Places the focus clearly on high-quality CPD suggesting that this should form a key part of teacher objectives with the dual goal of helping to improve pupil outcomes and provide a more attractive career offer encouraging entrants to the profession and teachers within it to stay for longer
• Widens the scope of the appraisal process and emphasises the importance of line managers discussing workload, wellbeing, working hours, opportunities for flexible working, and career aspirations within the appraisal meeting giving the school leadership  a clear insight into employees' day-to-day employee experience,  and to inform future actions to enhance staff retention at a school level
• Clearly splits the responsibilities of leaders, teachers, and governors for tasks within the process with a requirement to ensure all staff using the procedure are adequately trained and a focus on keeping records of decisions made in a way that avoids an increase in workload
• Reminds schools of their duty of care to protect staff health, safety, and welfare and of the need to consider staff wellbeing when setting objectives
• Provides a clear timeline of the appraisal cycle for schools to follow 
• Contains new detailed guidance on managing any period of  'informal support' where an employee's performance falls below required standards and managing the movement between informal support and the Capability procedure where necessary
• Clarifies that underperformance should be managed within a capability procedure with a disciplinary procedure reserved for use in cases of misconduct or failing to uphold professional standards
• Includes an optional model policy schools can choose to adopt

Teacher Capability 

The new guidance ‘Teacher capability: guidance for schools when dealing with serious under-performance’ :

• As before, reflects the ACAS Code of Practice on disciplinary and grievance procedures
•  The updated guidance doesn't contain any major changes so we expect the impact on current capability policies and procedures to be minimal
• Includes an optional model policy schools can choose to adopt

Updated School Teachers’ pay and conditions guidance

The  non-statutory advice document 'Managing teachers' and leaders' pay' is valid from September 2024 and replaces the current guidance 'Implementing your school's approach to pay: guidance for maintained schools and local authorities'. 

It is designed to help schools and governance boards develop their approach to teachers’ and school leaders’ pay.

As part of  School Teachers’ Pay and Conditions Guidance, the updated advice remains under consultation and could be subject to change if any changes are made in the final version of the  STPCD (School Teachers Pay and Conditions Document) 2024.

The updated advice:

• Differs from the previous version in that in addition to maintained schools and local authorities it also applies to MATs and Academies
• Makes it clear there is no obligation for schools to implement changes from September 2024
• Confirms that from the 2024/25 academic year, the requirement for objectives and the appraisal process to lead to performance-related pay outcomes for teachers and leaders will be removed
• Confirms that the statutory requirement to make a pay decision following the completion of the appraisal process remains
• Reminds schools that pay decisions for the 2023/24 academic year, which will be taken in September/October 2024, will continue to be based on the requirements for performance-related progression as set out in the September  STPCD (School Teachers Pay and Conditions Document) 2023 
• Informs schools that from 2024/25 they may choose whether or not to retain some or all elements of performance-related pay
• Emphasises that a school’s pay policy should minimise the impact on workload for individual teachers, line managers, school leaders, and governing boards
• Confirms that, as before, pay policies should set out how pay progression will be awarded and, for those schools wishing to retain performance-related pay, this should be clear in the policy, along with the criteria that will be used to assess performance
• Asks school leaders reviewing pay policies  to consider Department for Education reports and guidance in the areas of  performance management ('Making Data Work’) School workforce planning guidance, Flexible working in schools guidance, and the recently updated  appraisal and capability guidance
• Confirms that the process for making pay decisions must mitigate against discriminatory outcomes
• Asks each school to decide for itself how best to implement the arrangements and develop its pay and appraisal policies accordingly
• Encourages schools to tailor their pay policies to meet their local recruitment and retention needs, within the parameters of pay flexibility set out in the STPCD  (School Teachers Pay and Conditions Document)
• Encourages schools to use recruitment and retention payments to attract, recruit and retain the teachers that they need
• Confirms that the pay ranges of headteachers or leadership teams in post should only be reviewed when there have been significant changes to responsibilities and/or size of the school and not just because the top of the current range has been reached

What happens next on Teachers' Pay? 

The Department for Education will write to all the organisations that are statutorily consulted by the STRB to ask them to contribute to a government consultation on the pay recommendations and on a revised STPCD (School Teachers Pay and Conditions Document) for 2024 and accompanying pay order which will be submitted to parliament to approve.

The final version of the 2024 STPCD (School Teachers Pay and Conditions Document) is expected in October 2024 with pay increments backdated to 1 September.

Are there any actions for schools to take now?

Not immediately, for maintained schools and any other settings adopting fully the STPCD (School Teachers Pay and Conditions Document) into their contractual terms and conditions of employment pay decisions for the 2023/24 academic year must continue to be based on the requirements for performance-related progression as set out in the STPCD (School Teachers Pay and Conditions Document) 2023.

Once the STPCD (School Teachers Pay and Conditions Document) 2024 is finalised in October a final version of the Advice 'Managing Pay for Teachers' and Leaders' will be issued.

It is likely Department for Education will update it's model pay policy in the Autumn Term once the current pay cycle has ended so we'll notify you once that happens.

In advance of the 2024/5 pay cycle it may be helpful for you to:

• Consider whether you wish to retain any or all elements of performance related pay
• If  you wish to retain elements of performance related pay  ensure  that your pay policy is updated and complete at the time targets are agreed for the next appraisal cycle
• Review your current appraisal policy to see how closely it aligns with updated guidance 
• Schedule time in the next academic year for training to ensure everybody involved in the appraisal process has the skills necessary to work effectively

We are in the process of updating our resources on the #HRHub to reflect the new guidance and support you in implementing changes to appraisal and making decisions around the nature of your pay policy  so keep an eye out for content updates.