Lowick C of E First School 

Pay Protection and Salary Safeguarding Scheme for Teachers and Support Staff – 2015/16

Section A - General

A1       Purpose

            This whole school policy sets out the arrangements that the governing body will use to provide pay protection for support staff and salary safeguarding for teachers. It includes all areas where it has discretion to make these decisions for teachers and support staff.

            The purpose is to enable the employee to adjust to a reduction in earnings, or other detriment, as a result of a change to their contract of employment.   Such a change to the employee’s contract will typically arise when they have been appointed to a new post with less favourable terms and conditions, usually under the Alternative Employment Policy and Procedure for Schools as a result of, for example, redundancy, restructure or ill-health. It does not cover situations where an employee voluntarily applies for a post through a recruitment process.

This scheme covers appointments made by the governing body of staff to this school. Where an employee is appointed by a different school in Northumberland, it will be the policy of the receiving school that will apply; where an employee is appointed by the County Council, the Council’s Pay Protection and Detriment Scheme will apply.

The policy applies in all cases where pay protection or salary safeguarding is awarded during the period 1 April 2015 to 31 March 2016. Any arrangements that commenced before 1 April 2013 will continue under the relevant provisions of the scheme that applied at the time when those arrangements started.

The governing body will lodge a copy of this scheme with its HR and payroll provider(s) no later than 31 March 2015.

A2       Policy Statement

            The governing body has developed this policy with the objective of enabling staff to adjust to a reduction in earnings within a reasonable timescale in accordance with the relevant discretionary provisions whilst ensuring the scheme is affordable within the limitations imposed by the school’s financial position.

A3       Legal considerations

Employers must not discriminate, either directly or indirectly, against people on the basis of any of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation, unless this can be objectively justified. Pay protection schemes temporarily continue an inequality in pay, however, there are certain circumstances where employers can show these are objectively justified. The governing body will also ensure that their application of this scheme avoids unlawful discrimination.

A4       Roles and responsibilities

            Governing body:

  • The governing body is responsible for deciding, where it has discretion to do so, whether to award payments to an employee under this policy and the amount of that payment.
  • Decisions about payments as a consequence of a redundancy process within the school will be fully delegated by the governing body to the hearing body established for the purpose of managing the process under the school’s Redundancy Procedure.
  • Decisions about any payments due to staff appointed to the school under the Alternative Employment Policy and Procedure will be fully delegated to the governing body to the appointment panel.
  • Decisions about payments in all other cases will be fully delegated by the governing body to the school’s Staffing Committee.
  • All costs incurred through the application of this policy will be met from the school’s budget.

A5       Confidentiality and record keeping

Under the Freedom of Information Act 2000 the governing body will publish this policy through its scheme of publication.

Payments under this policy are a confidential matter between the governing body and the individual employee. The headteacher, the clerk to the governing body, and the school’s HR and payroll provider need to be aware of such payments in order to perform their duties, but appropriate details will be kept strictly confidential.

The committee will ensure that decisions about payments made under this policy are confidential. They will report their decisions to the full governing body as a confidential item without discussion. The confidential matters referred to in such minutes shall only be revealed to persons who require access as part of their official duties.

Records of decisions will be retained by the governing body for a minimum period of 6 years. All staff will be granted reasonable access to their own records.

A6       Monitoring and review

The governing body will monitor its application of this policy, particularly to ensure that its practices are fair and do not discriminate unlawfully.

The governing body will review this policy every year with effect from 1 April. It will seek to agree any revisions with recognised trade unions after consultation with all staff. This consultation will be usually be arranged by circulating a draft policy to all school staff and seeking written comments.

For the avoidance of doubt, this scheme is not contractual, and the governing body may vary the discretionary terms of the scheme from time to time.

Statutory regulations and guidance will take precedence in the event of any inadvertent contradictions with this policy.

Section B - Salary safeguarding for teachers

B1       Eligibility

Safeguarding of pay is mandatory for a period of up to three years for teachers only in the circumstances summarised below, as set out in full within the School Teachers’ Pay and Conditions Document (STPCD).

Safeguarding applies under either the general safeguarding provisions as a result of a local authority-led statutory reorganisation or the safeguarding provisions where it is the result of a salary determination made by the governing body of the teacher’s current school.

There is no provision for safeguarding where an employee is offered alternative employment in another school or the County Council, other than when this results from a local authority-led statutory reorganisation.

There is no discretion for governing bodies to offer safeguarding in circumstances other than those provided for within the STPCD nor on more favourable terms than those within the STPCD.

B2       General safeguarding as a result of a local authority reorganisation

General safeguarding applies to a teacher in a school who loses a post as a result of:

and who then takes up a new post and is employed by the same authority or at a school maintained by the same authority, and in the case of a teacher within paragraph (b) the new post is at a different school.

Teachers who take up a generally safeguarded post from 1 January 2006 will be subject to cash safeguarding for up to three years, subject to the application of the general safeguarding rules. There is no time limit on general safeguarding in place before 1 January 2006.

Any other safeguarded sums which the teacher is already receiving will continue as they would have done had the teacher not been moved to a new post.

B3       Safeguarding as a result of a salary determination made by the governing body

  • Safeguarding for Leadership Group and Advanced Skills Teachers

            A Leadership Group member or Advanced Skills Teacher whose salary is reduced as a result of changes within the school (e.g. a reduction in posts at that level or a reduction in pay range) must have the difference between their former and their new salary safeguarded on a cash basis for a maximum of three years (as this period may cease earlier under the safeguarding rules).

  • TLR Safeguarding

            When the governing body determines that the teacher’s duties no longer merit a Teaching and Learning Responsibility (TLR) payment, or merit a TLR at a lower level, then safeguarding will apply for amaximum of three years (as this period may cease earlier under the safeguarding rules).

  • SEN Allowance Safeguarding

When the governing body determines that the teacher’s duties no longer merit a SEN allowance, or merit a SEN allowance at a lower level, then safeguarding will apply for amaximum of three years (as this period may cease earlier under the safeguarding rules).

  • Unqualified Teacher Safeguarding

When the governing body determines that an unqualified teacher’s duties no longer merit an unqualified teacher allowance for additional responsibilities, or merit an allowance at a lower level, then safeguarding will apply for a maximum of three years (as this period may end earlier under the safeguarding rules).

                                               

B4       Allocation of additional duties

If a teacher is in receipt of a safeguarded sum or sums (under general safeguarding and/or other safeguarding) totalling more than £500, the governing body must review the teacher’s assigned duties and allocate such additional duties as they reasonably consider to be appropriate and commensurate with the safeguarded remuneration during the time that the safeguarded sum(s) are in payment.

The teacher must not be paid the safeguarded sum if the teacher unreasonably refuses to carry out such additional duties, provided that the teacher is notified of the governing body’s determination to cease paying the safeguarded sum at least one month before it is implemented.

B5     End of safeguarding

All current forms of general safeguarding and other safeguarding are for a time-limited period of up to three years. The STPCD gives detailed reasons why each type of safeguarded sum may cease before the end of the three-year period. This includes situations where the teacher receives an increase in pay due to movement to a higher point on their payscale which equals or exceeds their old salary plus the safeguarded sum(s).

The teacher is no longer required to undertake the additional duties assigned once their safeguarded sum has ended.

B6     Appeals

           

A teacher is entitled to submit an appeal if they are dissatisfied with the governing body’s salary determination under the arrangements set out in the school’s Pay Policy.

 

Section C - Pay protection for support staff

C1       Eligibility

This scheme will apply to existing support staff within the school (or federation) and employees from other maintained schools within the local authority, Northumberland academies with reciprocal arrangements or the County Council who are offered alternative employment in this school in circumstances that fall within this policy.

            This scheme shall not apply where an employee:

  • is employed under a contract of employment which provides for variations in hours of work and the hours of work are within those permitted under the contract;
  • is employed on a fixed-term contract (i.e. a temporary contract specifying termination on the basis of an identified date, event or task) and has less than two years of continuous service with the employer at the date of change. In the case of employees on a fixed-term contract with at least two years of service with the employer at the date of change, each case will be considered on its merits with particular regard taken to the length of continuous service involved. As a general rule, pay protection will not apply in cases where a fixed-term contract has/is due to expire. In cases where termination occurs during the period of the fixed term i.e. before it is due to expire, subject to a minimum of two years of continuous service, pay protection will apply until the end of the original contract period, subject to the maximum period in C2 below;
  • fails to undertake the duties of suitable alternative employment in any reasonable location (the circumstances of each case will be considered on its merits);
  • fails to comply with the obligations set out in this scheme or the Alternative Employment Policy and Procedure for Schools;
  • is redeployed or suffers a reduction of hours as a result of action taken under a capability or disciplinary matter;
  • receives a reduction in hours as a consequence of the implementation of a national or local agreement; or
  • suffers a reduction in pay as a result of the removal of gender based pay arrangements.

C2       Pay protection arrangements

Subject to the provisions of the Obligations of the employee section below, an eligible employee who is redeployed to a post with a lower pay band shall be appointed above the minimum of the new pay band to the extent to which pay protection becomes unnecessary or is minimised.

Where the new salary based on any new pay band and the hours/working pattern of the new post is still less than the old salary the employee will receive the rate of pay applicable to the new post plus ‘protected pay’ for a period of three years from the date of appointment to the new post.

‘Protected pay’ is up to the difference between the employee’s current salary and the salary of the new post, subject to a limit of 15% of the old salary. Where a post is otherwise suitable (e.g. job content, hours, location) but the level of pay protection is excessive, pay should normally be protected at this percentage of previous contractual pay above the substantive rate for the new job.

Where the new salary is based on a lower pay band the employee will
continue to receive incremental progression based on the higher pay band during the protected period.

Salary for employees who do not have a ‘normal’ monthly salary will be calculated as for sickness absences and holiday pay in their current substantive post over the twelve months immediately prior to the change.

Subject to the provisions of the Obligations of the Employee section below, if, whilst protected under this scheme, an employee is again redeployed and is subject to further reductions in pay then, provided that the circumstances of that change are covered by this scheme, the original level of pay protection shall continue for the remainder of the protection period referred to above. This will be followed by a further period of pay protection under the prevailing scheme if eligible, with the amount of protection during that period based on the subsequent reduction in pay. The period of protection arising from the second redeployment and reduction in pay will not exceed the protection period referred to above.

C3       Other elements of pay

Protected pay referred to above may not cover every item of earnings e.g. overtime (i.e. those items normally deemed as non-contractual earnings) and so it is possible for an employee to suffer a substantial drop in pay even when in receipt of protected pay. To cushion the impact of such a loss in earnings, the employee will receive their new basic pay plus a maximum of up to 15% of their average monthly pay (see below) for a period of 78 weeks from the date of change or until the monthly earnings from the new circumstances equal or exceed the employee's protected pay, whichever is the lesser period. Average monthly pay is calculated as for sickness absences and holiday pay under the employee's conditions of service over a twelve-month period.

C4       Obligations of the employee

 

Whilst an employee is in receipt of pay protection the following obligations will apply:

  • the full duties and responsibilities of the new post must continuously and conscientiously be undertaken without extra payment;
  • where hours have been reduced, extra work must be undertaken up to the previous contracted hours without additional payment. Additional hours must be reasonable i.e. excessive travelling will not be required, and each case will be considered on its merits;
  • serious and conscientious efforts must be made to secure appointment to any appropriate vacancy which is deemed as suitable in terms of the employee’s skills and abilities; and
  • co-operation with all reasonable measures designed to enable the school to reduce the cost of protected pay or allowances, including participating in an annual review of the position, as described below.

            In the event of an employee not meeting the above obligations, all entitlements under this scheme shall cease and the employee's pay and conditions of service shall be those pertaining to the new circumstances of the job. This will not be actioned until such time as there has been a formal discussion between the headteacher and the employee concerned (following advice from the school’s HR provider about whether it is a reasonable step to take).

           

C5       Formal review

                        Employee Services will review every pay protection payment whenever the employee’s contract of employment or pay changes or at least annually and therefore the amount of pay protection may decrease if earnings in the new job increase during the pay protection period.

                       

The school should review the employee’s position at least annually and make an effort to align employees with pay protection to a post similar to their previous post. This may involve alternative employment in a different post within the school or federation, as well as additional training, job enrichment, additional duties etc.

C6       Complaints

            Any complaint by a member of support staff regarding the application of this policy to their own situation will be heard in the first instance by the committee who made the decision and the Procedures for Conducting Hearings and Appeals will apply. The Procedures for Conducting Hearings and Appeals will apply to appeals regarding the application of this policy.

 

 

Section D - Excess travelling expenses for support staff and teachers

 

D1       Eligibility

 

This scheme will apply to existing support staff within the school (or federation) and employees from other maintained schools within the local authority, Northumberland academies with reciprocal arrangements or the County Council who are offered alternative employment in this school in circumstances that fall within this policy.

D2       Provisions

An employee whose place of work is changed but who is not forced to move house will receive an excess travel payment equal to the difference between the cost of travelling a) from their home to new place of work and b) from their home to the old place of work, subject to the conditions below, for a period of three years.

For employees who have leased or SMART benefits cars, payment will be based on the relevant HMRC company car rate for a period agreed in each case, but not exceeding the payment period identified above.

In all other cases payment of excess travel expenses will be on the basis of public transport rates based on second class train and/or bus fare. Where public transport is not available an amount based on that which would have been incurred, had it been available, will be paid. This amount will be calculated by reference to a similar journey by public transport, normally using the most direct route between the employee's home and the employee's new place of work. Alternatively employees may opt to receive the relevant HMRC company car rate for actual excess miles.

This provision only applies where the difference between the cost of travelling (both ways) from home to the new place of work and from home to the old place of work exceeds the minimum cost of £3.99 per week (subject to annual review).

Where possible, employees changing work locations are encouraged to travel together and agree a formal car sharing arrangement. Such arrangements will be voluntary.

Where an employee in receipt of excess travelling expenses does not travel directly between their home and their normal work base the following will apply:

  1. Home to site(s) to new base or new base to site(s) to home - mileage or public transport expenses to be calculated as if the employee still working at the old base i.e. actual less home to old base. All expenses are to be claimed as normal business expenses;
  2. Home to site(s) to home - as (a) except that the return journey between home and old base will be deducted.

Journeys beginning or ending at the new base will be calculated by reference to the new base with the actual mileage or public transport costs claimed as a business mileage journey.

Where access to public transport is limited and an employee has no other means of travelling, the headteacher will discuss the situation with the employee with a view to the two parties providing a solution to the situation. Each case will be considered on its merits and the solution may involve alternative transport arrangements where possible.

An employee who incurs additional travelling time will not normally be recompensed.

Revision Record of Issued Versions

Author

Creation Date

Version

Status

Northumberland   HR for Schools (SH)

3 December 2012

 

Final version.

       

Changed by

Revision Date

   

Lowick   C of E First School

24 January 2015

 

Draft   adapted version for consultation with staff and trade unions

Lowick   C of E First School

1 March 2015

 

Final   version for publication

 

Copyright Notice – Please Read

This model scheme is only available to those schools in Northumberland that purchase either the HR SLA for Maintained Schools or the HR Service Contract for Academies from Northumberland County Council. The copying, reproduction , distribution (including by e-mail, facsimile or other electronic means), publication or transmission of these documents to any other party is STRICTLY PROHIBITED unless otherwise agreed by the author. If you are in any doubt about the permitted use of these documents, or believe they have come into your possession by means that contravene these instructions, please contact us.

 

 

Holy Island C of E First School

 Pay Protection and Salary Safeguarding Scheme for Teachers and Support Staff – 2015/16

Section A - General

A1       Purpose

            This whole school policy sets out the arrangements that the governing body will use to provide pay protection for support staff and salary safeguarding for teachers. It includes all areas where it has discretion to make these decisions for teachers and support staff.

            The purpose is to enable the employee to adjust to a reduction in earnings, or other detriment, as a result of a change to their contract of employment.   Such a change to the employee’s contract will typically arise when they have been appointed to a new post with less favourable terms and conditions, usually under the Alternative Employment Policy and Procedure for Schools as a result of, for example, redundancy, restructure or ill-health. It does not cover situations where an employee voluntarily applies for a post through a recruitment process.

This scheme covers appointments made by the governing body of staff to this school. Where an employee is appointed by a different school in Northumberland, it will be the policy of the receiving school that will apply; where an employee is appointed by the County Council, the Council’s Pay Protection and Detriment Scheme will apply.

The policy applies in all cases where pay protection or salary safeguarding is awarded during the period 1 April 2015 to 31 March 2016. Any arrangements that commenced before 1 April 2013 will continue under the relevant provisions of the scheme that applied at the time when those arrangements started.

The governing body will lodge a copy of this scheme with its HR and payroll provider(s) no later than 31 March 2015.

A2       Policy Statement

            The governing body has developed this policy with the objective of enabling staff to adjust to a reduction in earnings within a reasonable timescale in accordance with the relevant discretionary provisions whilst ensuring the scheme is affordable within the limitations imposed by the school’s financial position.

A3       Legal considerations

Employers must not discriminate, either directly or indirectly, against people on the basis of any of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation, unless this can be objectively justified. Pay protection schemes temporarily continue an inequality in pay, however, there are certain circumstances where employers can show these are objectively justified. The governing body will also ensure that their application of this scheme avoids unlawful discrimination.

A4       Roles and responsibilities

            Governing body:

  • The governing body is responsible for deciding, where it has discretion to do so, whether to award payments to an employee under this policy and the amount of that payment.
  • Decisions about payments as a consequence of a redundancy process within the school will be fully delegated by the governing body to the hearing body established for the purpose of managing the process under the school’s Redundancy Procedure.
  • Decisions about any payments due to staff appointed to the school under the Alternative Employment Policy and Procedure will be fully delegated to the governing body to the appointment panel.
  • Decisions about payments in all other cases will be fully delegated by the governing body to the school’s Staffing Committee.
  • All costs incurred through the application of this policy will be met from the school’s budget.

A5       Confidentiality and record keeping

Under the Freedom of Information Act 2000 the governing body will publish this policy through its scheme of publication.

Payments under this policy are a confidential matter between the governing body and the individual employee. The headteacher, the clerk to the governing body, and the school’s HR and payroll provider need to be aware of such payments in order to perform their duties, but appropriate details will be kept strictly confidential.

The committee will ensure that decisions about payments made under this policy are confidential. They will report their decisions to the full governing body as a confidential item without discussion. The confidential matters referred to in such minutes shall only be revealed to persons who require access as part of their official duties.

Records of decisions will be retained by the governing body for a minimum period of 6 years. All staff will be granted reasonable access to their own records.

A6       Monitoring and review

The governing body will monitor its application of this policy, particularly to ensure that its practices are fair and do not discriminate unlawfully.

The governing body will review this policy every year with effect from 1 April. It will seek to agree any revisions with recognised trade unions after consultation with all staff. This consultation will be usually be arranged by circulating a draft policy to all school staff and seeking written comments.

For the avoidance of doubt, this scheme is not contractual, and the governing body may vary the discretionary terms of the scheme from time to time.

Statutory regulations and guidance will take precedence in the event of any inadvertent contradictions with this policy.

Section B - Salary safeguarding for teachers

B1       Eligibility

Safeguarding of pay is mandatory for a period of up to three years for teachers only in the circumstances summarised below, as set out in full within the School Teachers’ Pay and Conditions Document (STPCD).

Safeguarding applies under either the general safeguarding provisions as a result of a local authority-led statutory reorganisation or the safeguarding provisions where it is the result of a salary determination made by the governing body of the teacher’s current school.

There is no provision for safeguarding where an employee is offered alternative employment in another school or the County Council, other than when this results from a local authority-led statutory reorganisation.

There is no discretion for governing bodies to offer safeguarding in circumstances other than those provided for within the STPCD nor on more favourable terms than those within the STPCD.

B2       General safeguarding as a result of a local authority reorganisation

General safeguarding applies to a teacher in a school who loses a post as a result of:

and who then takes up a new post and is employed by the same authority or at a school maintained by the same authority, and in the case of a teacher within paragraph (b) the new post is at a different school.

Teachers who take up a generally safeguarded post from 1 January 2006 will be subject to cash safeguarding for up to three years, subject to the application of the general safeguarding rules. There is no time limit on general safeguarding in place before 1 January 2006.

Any other safeguarded sums which the teacher is already receiving will continue as they would have done had the teacher not been moved to a new post.

B3       Safeguarding as a result of a salary determination made by the governing body

  • Safeguarding for Leadership Group and Advanced Skills Teachers

            A Leadership Group member or Advanced Skills Teacher whose salary is reduced as a result of changes within the school (e.g. a reduction in posts at that level or a reduction in pay range) must have the difference between their former and their new salary safeguarded on a cash basis for a maximum of three years (as this period may cease earlier under the safeguarding rules).

  • TLR Safeguarding

            When the governing body determines that the teacher’s duties no longer merit a Teaching and Learning Responsibility (TLR) payment, or merit a TLR at a lower level, then safeguarding will apply for amaximum of three years (as this period may cease earlier under the safeguarding rules).

  • SEN Allowance Safeguarding

When the governing body determines that the teacher’s duties no longer merit a SEN allowance, or merit a SEN allowance at a lower level, then safeguarding will apply for amaximum of three years (as this period may cease earlier under the safeguarding rules).

  • Unqualified Teacher Safeguarding

When the governing body determines that an unqualified teacher’s duties no longer merit an unqualified teacher allowance for additional responsibilities, or merit an allowance at a lower level, then safeguarding will apply for a maximum of three years (as this period may end earlier under the safeguarding rules).

                                               

B4       Allocation of additional duties

If a teacher is in receipt of a safeguarded sum or sums (under general safeguarding and/or other safeguarding) totalling more than £500, the governing body must review the teacher’s assigned duties and allocate such additional duties as they reasonably consider to be appropriate and commensurate with the safeguarded remuneration during the time that the safeguarded sum(s) are in payment.

The teacher must not be paid the safeguarded sum if the teacher unreasonably refuses to carry out such additional duties, provided that the teacher is notified of the governing body’s determination to cease paying the safeguarded sum at least one month before it is implemented.

B5     End of safeguarding

All current forms of general safeguarding and other safeguarding are for a time-limited period of up to three years. The STPCD gives detailed reasons why each type of safeguarded sum may cease before the end of the three-year period. This includes situations where the teacher receives an increase in pay due to movement to a higher point on their payscale which equals or exceeds their old salary plus the safeguarded sum(s).

The teacher is no longer required to undertake the additional duties assigned once their safeguarded sum has ended.

B6     Appeals

           

A teacher is entitled to submit an appeal if they are dissatisfied with the governing body’s salary determination under the arrangements set out in the school’s Pay Policy.

 

Section C - Pay protection for support staff

C1       Eligibility

This scheme will apply to existing support staff within the school (or federation) and employees from other maintained schools within the local authority, Northumberland academies with reciprocal arrangements or the County Council who are offered alternative employment in this school in circumstances that fall within this policy.

            This scheme shall not apply where an employee:

  • is employed under a contract of employment which provides for variations in hours of work and the hours of work are within those permitted under the contract;
  • is employed on a fixed-term contract (i.e. a temporary contract specifying termination on the basis of an identified date, event or task) and has less than two years of continuous service with the employer at the date of change. In the case of employees on a fixed-term contract with at least two years of service with the employer at the date of change, each case will be considered on its merits with particular regard taken to the length of continuous service involved. As a general rule, pay protection will not apply in cases where a fixed-term contract has/is due to expire. In cases where termination occurs during the period of the fixed term i.e. before it is due to expire, subject to a minimum of two years of continuous service, pay protection will apply until the end of the original contract period, subject to the maximum period in C2 below;
  • fails to undertake the duties of suitable alternative employment in any reasonable location (the circumstances of each case will be considered on its merits);
  • fails to comply with the obligations set out in this scheme or the Alternative Employment Policy and Procedure for Schools;
  • is redeployed or suffers a reduction of hours as a result of action taken under a capability or disciplinary matter;
  • receives a reduction in hours as a consequence of the implementation of a national or local agreement; or
  • suffers a reduction in pay as a result of the removal of gender based pay arrangements.

C2       Pay protection arrangements

Subject to the provisions of the Obligations of the employee section below, an eligible employee who is redeployed to a post with a lower pay band shall be appointed above the minimum of the new pay band to the extent to which pay protection becomes unnecessary or is minimised.

Where the new salary based on any new pay band and the hours/working pattern of the new post is still less than the old salary the employee will receive the rate of pay applicable to the new post plus ‘protected pay’ for a period of three years from the date of appointment to the new post.

‘Protected pay’ is up to the difference between the employee’s current salary and the salary of the new post, subject to a limit of 15% of the old salary. Where a post is otherwise suitable (e.g. job content, hours, location) but the level of pay protection is excessive, pay should normally be protected at this percentage of previous contractual pay above the substantive rate for the new job.

Where the new salary is based on a lower pay band the employee will continue to receive incremental progression based on the higher pay band during the protected period.

Salary for employees who do not have a ‘normal’ monthly salary will be calculated as for sickness absences and holiday pay in their current substantive post over the twelve months immediately prior to the change.

Subject to the provisions of the Obligations of the Employee section below, if, whilst protected under this scheme, an employee is again redeployed and is subject to further reductions in pay then, provided that the circumstances of that change are covered by this scheme, the original level of pay protection shall continue for the remainder of the protection period referred to above. This will be followed by a further period of pay protection under the prevailing scheme if eligible, with the amount of protection during that period based on the subsequent reduction in pay. The period of protection arising from the second redeployment and reduction in pay will not exceed the protection period referred to above.

C3       Other elements of pay

Protected pay referred to above may not cover every item of earnings e.g. overtime (i.e. those items normally deemed as non-contractual earnings) and so it is possible for an employee to suffer a substantial drop in pay even when in receipt of protected pay. To cushion the impact of such a loss in earnings, the employee will receive their new basic pay plus a maximum of up to 15% of their average monthly pay (see below) for a period of 78 weeks from the date of change or until the monthly earnings from the new circumstances equal or exceed the employee's protected pay, whichever is the lesser period. Average monthly pay is calculated as for sickness absences and holiday pay under the employee's conditions of service over a twelve-month period.

C4       Obligations of the employee

 

Whilst an employee is in receipt of pay protection the following obligations will apply:

  • the full duties and responsibilities of the new post must continuously and conscientiously be undertaken without extra payment;
  • where hours have been reduced, extra work must be undertaken up to the previous contracted hours without additional payment. Additional hours must be reasonable i.e. excessive travelling will not be required, and each case will be considered on its merits;
  • serious and conscientious efforts must be made to secure appointment to any appropriate vacancy which is deemed as suitable in terms of the employee’s skills and abilities; and
  • co-operation with all reasonable measures designed to enable the school to reduce the cost of protected pay or allowances, including participating in an annual review of the position, as described below.

            In the event of an employee not meeting the above obligations, all entitlements under this scheme shall cease and the employee's pay and conditions of service shall be those pertaining to the new circumstances of the job. This will not be actioned until such time as there has been a formal discussion between the headteacher and the employee concerned (following advice from the school’s HR provider about whether it is a reasonable step to take).

           

C5       Formal review

                        Employee Services will review every pay protection payment whenever the employee’s contract of employment or pay changes or at least annually and therefore the amount of pay protection may decrease if earnings in the new job increase during the pay protection period.

                       

The school should review the employee’s position at least annually and make an effort to align employees with pay protection to a post similar to their previous post. This may involve alternative employment in a different post within the school or federation, as well as additional training, job enrichment, additional duties etc.

C6       Complaints

            Any complaint by a member of support staff regarding the application of this policy to their own situation will be heard in the first instance by the committee who made the decision and the Procedures for Conducting Hearings and Appeals will apply. The Procedures for Conducting Hearings and Appeals will apply to appeals regarding the application of this policy.

 

 

Section D - Excess travelling expenses for support staff and teachers

 

D1       Eligibility

 

This scheme will apply to existing support staff within the school (or federation) and employees from other maintained schools within the local authority, Northumberland academies with reciprocal arrangements or the County Council who are offered alternative employment in this school in circumstances that fall within this policy.

D2       Provisions

An employee whose place of work is changed but who is not forced to move house will receive an excess travel payment equal to the difference between the cost of travelling a) from their home to new place of work and b) from their home to the old place of work, subject to the conditions below, for a period of three years.

For employees who have leased or SMART benefits cars, payment will be based on the relevant HMRC company car rate for a period agreed in each case, but not exceeding the payment period identified above.

In all other cases payment of excess travel expenses will be on the basis of public transport rates based on second class train and/or bus fare. Where public transport is not available an amount based on that which would have been incurred, had it been available, will be paid. This amount will be calculated by reference to a similar journey by public transport, normally using the most direct route between the employee's home and the employee's new place of work. Alternatively employees may opt to receive the relevant HMRC company car rate for actual excess miles.

This provision only applies where the difference between the cost of travelling (both ways) from home to the new place of work and from home to the old place of work exceeds the minimum cost of £3.99 per week (subject to annual review).

Where possible, employees changing work locations are encouraged to travel together and agree a formal car sharing arrangement. Such arrangements will be voluntary.

Where an employee in receipt of excess travelling expenses does not travel directly between their home and their normal work base the following will apply:

  1. Home to site(s) to new base or new base to site(s) to home - mileage or public transport expenses to be calculated as if the employee still working at the old base i.e. actual less home to old base. All expenses are to be claimed as normal business expenses;
  2. Home to site(s) to home - as (a) except that the return journey between home and old base will be deducted.

Journeys beginning or ending at the new base will be calculated by reference to the new base with the actual mileage or public transport costs claimed as a business mileage journey.

Where access to public transport is limited and an employee has no other means of travelling, the headteacher will discuss the situation with the employee with a view to the two parties providing a solution to the situation. Each case will be considered on its merits and the solution may involve alternative transport arrangements where possible.

An employee who incurs additional travelling time will not normally be recompensed.

Revision Record of Issued Versions

Author

Creation Date

Version

Status

Northumberland   HR for Schools (SH)

3 December 2012

 

Final version.

       

Changed by

Revision Date

   

Holy   Island C of E First School

24 January 2015

 

Draft   adapted version for consultation with staff and trade unions

Holy   Island C of E First School

1 March 2015

 

Final   version for publication

 

Copyright Notice – Please Read

This model scheme is only available to those schools in Northumberland that purchase either the HR SLA for Maintained Schools or the HR Service Contract for Academies from Northumberland County Council. The copying, reproduction , distribution (including by e-mail, facsimile or other electronic means), publication or transmission of these documents to any other party is STRICTLY PROHIBITED unless otherwise agreed by the author. If you are in any doubt about the permitted use of these documents, or believe they have come into your possession by means that contravene these instructions, please contact us.

 

 
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