In order to understand school pay, terms and conditions you need first to identify the employer. The local authority (LA) is the employer in the case of:
- Community schools;
- Voluntary controlled schools;
- Community special schools;
- Maintained nursery schools.
The LA has to comply with the requirements of the governing body, where the latter has specified areas of delegated power.
Except for certain specified visiting or support staff who may be employed by the LA, the governing body is the employer in the case of:
- Foundation schools;
- Foundation trust schools;
- Voluntary aided schools;
- Foundation special schools;
- Academies (the academy trust is the employer; the governors are directors of the trust);
- Free schools.
In the maintained sector, it is a statutory requirement that the School Teachers’ Pay and Conditions Document (STPCD) applies to teachers. The contract of employment cannot depart from that.
Academies may have inherited the STPCD payments for staff who transferred during the conversion process (under the Transfer of Undertakings (Protection of Employment) Regulations 2006). If in the future, the academy proposes to vary existing terms and conditions, it should make these changes by agreement and after consultation and negotiation with the recognised trade unions.
Read our blog about this subject written in August 2015.
If you would like any help or advice to understand school pay and the associated terms and conditions, please do not hesitate to contact our team.