NAHT often get asked by school leaders about what they can reasonably expect from teachers without a TLR – so we’ve pulled together this summary to help school leaders understand what they can expect in these circumstances.
The professional and statutory responsibilities of teachers are set out in the School Teachers’ Pay and Conditions Document (aka, the STPCD) and include the following:
- Contribute to the development, implementation and evaluation of the school’s policies, practices and procedures in such a way as to support the school’s values and vision
- Work with others on curriculum and/or pupils’ development to secure coordinated outcomes.
For example, if it’s your school’s policy or practice that all teachers undertake the duties of subject coordination, provided that the expectations of the teachers are accurately described by these paragraphs, this constitutes a contractual requirement and can therefore be reasonably expected.
Teachers’ Standards
The Teachers’ Standards are also relevant here as they require a teacher to have proper and professional regard for the ethos, policies and practices of the school in which they teach.
TLR payments
TLR payments should be made only to those who have been appointed to a relevant post within a school’s staffing structure. The relevant extracts from the STPCD are as follows:
- The relevant body may award a TLR to a classroom teacher for undertaking a sustained additional responsibility to ensure the continued delivery of high-quality teaching and learning, and for which the teacher is made accountable
- Before awarding a TLR, the relevant body must be satisfied the teacher’s duties include a significant responsibility that’s not required of all classroom teachers and that it:
- is focused on teaching and learning
- requires the exercise of a teacher’s professional skills and judgement
- requires the teacher to lead, manage and develop a subject or curriculum area or to lead and manage pupils’ development across the curriculum
- has an impact on the educational progress of pupils other than the teacher’s assigned classes or groups of pupils and
- involves leading, developing and enhancing the teaching practice of other staff.
Unless all the TLR criterion apply, there should be no award of a TLR payment.
Unqualified teachers may not be awarded TLRs.
Commentary
- ‘Sustained’ and ‘significant’ means the teacher is undertaking the additional responsibilities on an ongoing basis and for a considerable period.
- It’s especially important that a school establishes where accountability lies for the discharge of responsibility and its outcomes – such accountability should be specified in relevant job descriptions.
- A teacher may be required to coordinate and develop a subject area without necessarily having accountability for that subject.
- Such accountability should sit at a higher (TLR) level or with the leadership group.
- It’s common in smaller schools that all teachers take the lead in one or more aspects of the curriculum. This is simply a sensible way of organising the work of the school. Since it’s required of all classroom teachers, it’s a reasonable expectation. As is clear from the TLR criterion, subject/curriculum responsibility alone wouldn’t justify a TLR payment.
- Accountability means the postholder will be held to account for performance, delivery and pupils’ outcomes usually across the school, key stage or department.
Refusal to carry out reasonable instructions
Any teacher who refuses to act in accordance with a reasonable instruction from the head is vulnerable to disciplinary action and may well be in breach of their employment contract.
A collective refusal to act in accordance with a reasonable instruction is likely to constitute unlawful industrial action unless a dispute has been declared and a ballot for industrial action successfully concluded. A lawful ballot for industrial action offers limited protection against disciplinary action and dismissal, but it must be carried out in accordance with legislation.
You should endeavour to avoid individual or collective disputes by entering into reasonable discussions with teachers and their union representatives. It’s also important to seek the advice of the school’s personnel provider and employing body.
School leaders acting lawfully and reasonably are entitled to expect the support of both their governing body and their employer.
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