Article 11 School Teachers' Pay and Conditions

The following paragraph shall be inserted after paragraph 17—

“Spine for classroom teachers—special cases

Change in salary rate during the relevant period

17A.1.1

Paragraph 17A.2 applies, subject to paragraphs 17A.3 to 17A.5, where a further re-determination during the relevant period of the salary of a classroom teacher to whom paragraph 17.5 (a) applies results in a change in the number of points to which he is entitled (“a subsequent re-determination”).

17A.1.2

Paragraph 17A.2 does not apply where paragraph 17A.7 or 17A.8 applies.

17A.2.1

The classroom teacher’s salary shall be re-determined on the basis of his experience points as re-determined under paragraphs 17.2 and 17.3 of the amended Document.

17A.2.2

If the subsequent re-determination of his salary results in an increase in the number of points to which he is entitled—

(a)

he shall continue to be entitled to be paid the salary based on pay spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5 (a) for the remainder of the relevant period, and for that remaining period (or until another subsequent re-determination is made) he shall be entitled to be paid an additional sum by way of salary determined by the relevant body in accordance with paragraph 17A.2.3; and

(b)

following the expiry of such period, paragraph 17.5 (b) shall apply to him.

17A2.3

The additional sum is—

$$\genfrac{}{}{0.1ex}{}{\mathrm{A}}{365}\times \left(\mathrm{B}-\mathrm{C}\right)$$

where—

• A is the remainder of the relevant period expressed as a number of days;

• B is the annual salary for the spine point on pay spine A at which the teacher’s salary is determined at the subsequent re-determination; and

• C is the annual salary for the spine point on pay spine A equivalent to the spine point on pay spine B at which the teacher is entitled to be paid following the re-determination of his salary under paragraph 17.5(a).

17A.2.4

If the subsequent re-determination of his salary results in a decrease in the number of points to which he is entitled—

(a)

for the remainder of the relevant period he shall be entitled to be paid the salary based on spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5(a), subject to any other subsequent re-determination less a sum determined by the relevant body in accordance with paragraph 17A.2.5; and

(b)

following the expiry of such period, paragraph 17.5(b) shall apply to him.

17A.2.5

The sum to be subtracted is—

$$\genfrac{}{}{0.1ex}{}{\mathrm{A}}{365}\times \left(\mathrm{C}-\mathrm{B}\right)$$

where

• A, B and C have the same meanings as in paragraph 17A.2.3.

Classroom teacher becomes a head teacher, deputy head teacher or advanced skills teacher during the relevant period

17A.3

Paragraphs 17A.2.2 to 17A.2.5 also apply where during the relevant period a classroom teacher becomes entitled to be paid as a head teacher, a deputy head teacher or an advanced skills teacher with the modifications that—

(a)

B is the annual salary on the pay spine for head teachers, deputy head teachers or advanced skills teachers, as the case may be, at which the teacher would but for this paragraph have become entitled to be paid; and

(b)

in paragraphs 17A.2.2(b) and 17A.2.4(b) for “paragraph 17.5(b)” there is substituted “paragraph 4 in the case of a head teacher or deputy head teacher, or paragraph 23 in the case of an advanced skills teacher”.

17A.4

Classroom teacher employed on a day to day or other short notice basis in the relevant period

Paragraph 17A.4.2 shall apply where—

17A.4.1

(a)

a classroom teacher becomes entitled to a salary calculated in accordance with paragraph 33.2 (teacher employed on a day to day or other short notice basis) during the relevant period; and

(b)

he was not entitled to a salary calculated in accordance with paragraph 33.2 at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.

17A.4.2

Paragraph 17.5 (a) shall continue to apply to the teacher but instead of applying for the remainder of the relevant period, paragraph 17.5 (a) shall apply for a period to be calculated by the relevant body in accordance with paragraph 17A.4.3.

17A.4.3

The period is the number of working days (including fractions of days rounded to two decimal places) equal to the number of days in the remainder of the relevant period.

17A.4.4

In this paragraph “working day” means a day in respect of which a classroom teacher is entitled to receive salary in accordance with paragraph 33.2.

Change in the proportion of the school week for which a classroom teacher works during the relevant period

17A.5

17A.5.1

Paragraphs 17A.2.1 to 17A.2.3. also apply where during the relevant period a classroom teacher’s salary increases due to—

(a)

a change from part-time service to full-time service; or

(b)

an increase in the proportion of the school week for which he works,

with the modification that B is calculated by reference to the proportion of the school week worked by the teacher after the change, and C is calculated by reference to the proportion of the school week worked by the teacher before the change.

17A.5.2

Paragraphs 17A.2.1, 17A.2.4 and 17A.2.5 also apply where during the relevant period a classroom teacher’s salary decreases due to—

(a)

a change from full-time service to part-time service; or

(b)

a decrease in the proportion of the school week for which he works,

with the modification that B is calculated by reference to the proportion of the school week worked by the teacher after the change, and C is calculated by reference to the proportion of the school week worked by the teacher before the change.

17A.5.3

Where a teacher to whom paragraphs 17A.5.1 applies changed from full-time to part-time service, part-time to full-time service or changed the proportion of the school week for which he worked during the period starting on 1st September 1999 and the ending immediately before 1st April 2000, paragraph 17A.8 shall apply in place of paragraph 17A.5.

Change in salary rate during the period 1st September 1999 to 31st March 2000

17A.6

17A.6.1

Except where paragraph 17A.7 or 17A.8 applies, paragraph 17A.6.2 applies where the salary of a classroom teacher to whom paragraph 17.5(a) applies was re-determined other than pursuant to paragraph 3.1(a) on one or more occasions during the period starting on 1st September 1999 and ending immediately before 1st April 2000, and that re-determination resulted in a change in the number of points to which he was entitled.

17A.6.2

(a)

For the relevant period the classroom teacher shall be entitled to be paid the salary based on pay spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5(a)—

(i)

plus a sum to be determined by the relevant body in accordance with paragraph 17A.6.3 if such sum is positive; or

(ii)

minus a sum to be determined by the relevant body in accordance with paragraph 17A.6.3 if such sum is negative; and

(b)

following the expiry of the relevant period, paragraph 17.5(b) shall apply to him.

17A.6.3

The sum is—

$$\left(\mathrm{A}+\mathrm{B}\right)-\left(\mathrm{C}+\mathrm{D}\right)$$

where—

• A is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine points one point below the spine points on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid;

• B is the teacher’s total salary entitlement for the relevant period calculated by reference to the spine point on pay spine A equivalent to the spine point on pay spine B at which the teacher is entitled to be paid during the relevant period;

• C is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine points on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid;

• D is the teacher’s total salary entitlement for the relevant period calculated by reference to the spine point on pay spine B at which the teacher is entitled to be paid during the relevant period.

17A.7

Classroom teacher employed on a day to day or short notice basis in the period 1st September 1999 to 31st March 2000

17A.7.1

Paragraph 17A.7.2 applies where a classroom teacher’s salary was calculated in accordance with paragraph 33.2 (teacher employed on a day to day or other short notice basis) at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.

17A.7.2

Paragraph 17.5(a) shall apply with the modifications that—

(a)

in the case of a teacher whom the relevant body are satisfied is likely to continue to be employed on a day to day or short notice basis on and after 1st April 2000, the relevant body may determine that the relevant period is a number of working days equal to—

(i)

the number of working days on which he worked in the period starting on 1st September 1999 and ending immediately before 1st April 2000, plus

(ii)

the number of days in respect of which the teacher was paid a salary not calculated in accordance with paragraph 33.2 in the period starting on 1st September 1999 and ending immediately before 1st April 2000,

where “working day” means a day in respect of which a classroom teacher is entitled to receive salary in accordance with paragraph 33.2; and

(b)

instead of a salary based on pay spine B set out in paragraph 17.7, the teacher shall for the relevant period be entitled to be paid a salary based on pay spine A set out in paragraph 17.7 determined by the relevant body in accordance with paragraphs 17.9 and 17.10 less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3.

17A.7.3

The sum to be subtracted is—

$$\mathrm{A}-\mathrm{B}$$

where—

• A is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine point (or spine points where the teacher’s salary changed in the period) on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid; and

• B is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine point one point below the spine point (or spine points where the teacher’s salary changed in the period) on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid.

17A.7.4

Where the salary entitlement of a teacher entitled to be paid a salary determined in accordance with paragraph 17.5(a) as modified by paragraph 17A.7.2 changes for a reason other than the annual revalorisation of spine points or due to the operation of paragraph 17.5 during the relevant period, his salary entitlement during the relevant period shall be further adjusted in accordance with paragraph 17A.7.5.

17A.7.5

(a)

Where the change results in an increase in the classroom teacher’s salary, he shall be entitled to an additional sum to be calculated by the relevant body in accordance with paragraph 17A.2.3 with the modification that C is the annual salary for the spine point on pay spine A at which the teacher is entitled to be paid following the determination under paragraph 17.5(a) as modified by 17A.7.2(b); and

(b)

where the change results in a decrease in the classroom teacher’s salary, he shall be entitled to the salary determined by the relevant body under paragraph 17.5(a) as modified by paragraph 17A.7.2(b) less a sum to be calculated by the relevant body in accordance with paragraph 17A.2.5 with the modification referred to in sub-paragraph (a).

Change in the proportion of the school week for which a classroom teacher worked during the period 1st September 1999 to 1st April 2000

17A.8

17A.8.1

Paragraph 17A.8.2 applies where during the period starting on 1st September 1999 and ending immediately before 1st April 2000 a classroom teacher—

(a)

changed from full-time service to part-time service; or

(b)

changed from part-time service to full-time service; or

(c)

changed the proportion of the school week for which he worked.

17A.8.2

Paragraph 17.5(a) shall apply with the modification that instead of a salary based on pay spine B set out in paragraph 17.7, the teacher shall for the relevant period be entitled to be paid a salary based on pay spine A set out in paragraph 17.7 determined by the relevant body in accordance with paragraphs 17.9 and 17.10 less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3.

17A.8.3

Where a teacher entitled to be paid a salary determined in accordance with paragraph 17.5(a) as modified by paragraph 17A.8.2—

(a)

changed from full-time to part-time service, part-time to full-time service or changed the proportion of the school week for which he worked during the relevant period; or

(b)

whose salary entitlement changes for a reason other than the annual revalorisation of spine points or due to the operation of paragraph 17.5 during the relevant period,

his salary entitlement during the relevant period shall be further adjusted in accordance with paragraph 17A.8.4.

17A.8.4

(a)

Where the change results in an increase in the classroom teacher’s salary, he shall be entitled to an additional sum to be calculated by the relevant body in accordance with paragraph 17A.2.3 with the modification that C is the annual salary for the spine point on pay spine A at which the teacher is entitled to be paid following the determination under paragraph 17.5(a) as modified by paragraph 17A.8.2; and

(b)

where the change results in a decrease in the classroom teacher’s salary, he shall be entitled to the salary determined by the relevant body under paragraph 17.5(a) as modified by paragraph 17A.8.2 less a sum to be calculated by the relevant body in accordance with paragraph 17A.2.5 with the modification referred to in sub-paragraph (a).”.