Salary Statements – helping you to be compliant

During our reviews of the HR and Payroll function, we do often notice some academy trusts decide not to issue a salary statement to their employees when a national pay award is issued.

However, trusts not performing this function should be aware of the School teachers’ pay and conditions document 2024 which states the following at paragraph 3.4:

When the relevant body has determined the remuneration of a teacher, it must, at the earliest opportunity – and in any event not later than one month after the determination – ensure that the teacher is notified in writing of that determination; of any payments or other financial benefits awarded under paragraph 27; of any safeguarded sums to which the teacher is entitled under paragraphs 29 to 36; where a copy of the school’s staffing structure and pay policy may be inspected; and: 

a) in a case where the teacher is a member of the leadership group or is paid on the pay range for leading practitioners, of the basis on which remuneration has been determined and the criteria (including performance objectives where the teacher is not subject to the 2012 Regulations) on which the salary will be reviewed in the future; 

b) in a case where the teacher was appointed as a member of the leadership group or on the pay range for leading practitioners for a fixed period or under a fixed-term contract, of the date or, where appropriate, the circumstance, the occurrence of which will bring the fixed period or fixed-term contract to an end; 

c) in a case where the teacher is a classroom teacher or an unqualified teacher in respect of whom the relevant body has made a determination under paragraph 1.2(a), of: 

i. the teacher’s position within the pay ranges set out in paragraphs 13 and 14;

ii. the nature and value of any allowance awarded under paragraph 21; and 

iii. in relation to any teaching and learning responsibility payment (TLR) awarded under paragraph 20, its value, the nature of the significant responsibility for which it was awarded and, if the award is made whilst the teacher occupies another post in the absence of a post-holder, the date on which, as well as any circumstances in which (if occurring earlier than that date), it will come to an end and, for TLR3s, a statement that the TLR will not be safeguarded.

d) in a case where the teacher is an unqualified teacher to whom paragraph 3.4(c) does not apply, of: 

i. the teacher’s position within the unqualified teachers’ pay range determined under paragraph 17; and

ii. the value of any unqualified teacher’s allowance awarded under paragraph 22 and the additional responsibility, qualifications or experience in respect of which the allowance was awarded. 

3.5. In this paragraph, “remuneration” means salary plus any allowances but does not include any sum paid under paragraphs 25 and 26.

It is clear that informing your teachers (and we would argue support staff too) of their pay is a requirement to ensure you are compliant with Teacher’s Pay and Conditions.

This is also reflective of the legal position for all employers which requires that if there are any changes to s1 particulars (which would include pay) the employer must give the employee or worker a written statement containing particulars of the change. This must be given at the earliest opportunity and, in any event, not later than one month after the change. Depending upon what the change affects the statement may refer to a reasonably accessible document, for example, pension changes could refer to the appropriate policy.

In addition, as a responsible employer, it is only fair you communicate to your employees what their pay will be—in a clear way—to enable them to check their payslip each month.

Whilst a complaint can be raised in an employment tribunal, the employment tribunal can only make a declaration unless the claim is brought with another successful substantive claim (e.g. unfair dismissal) in which compensation is awarded, in which case the employment tribunal can make an award of a minimum of two weeks’ pay, unless there are exceptional circumstances and it is just and equitable, in which case they can order up to four weeks’ pay, which is subject to the statutory cap.

While this can be a tiresome admin burden, particularly when payroll is performed in house, it can help provide your employees with the comfort of knowing that they are being paid correctly and in line with their expectations.

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