红桃影视

Schools risk 鈥渋nadvertently鈥� breaking minimum wage law if they follow national pay scales for unqualified teachers, legal experts have warned, with ministers leaving leaders to navigate the confusion on their own.

Multiple recent increases mean the national living wage (NLW) is now 拢12.21 an hour for those aged over 21.

Someone working 37.5 hours a week can expect to earn 拢23,800 a year, while someone working 40 hours could earn almost 拢25,400.

However, despite the proposed 4 per cent pay rise for teachers next year, the first point on the unqualified pay range outside London is now below these thresholds at 拢22,601.

Teachers are technically only 鈥渄irected鈥� to work 1,265 hours a year, but in reality work much longer. According to the Department for Education, full-time teachers report an average working week of 51.2 hours.

‘Compliance risk’

Hannah Bingham, a senior HR consultant at law firm Browne Jacobson, said the pay scale issue 鈥渃ould cause a compliance risk鈥� if unqualified teachers were expected or directed to work unpaid hours 鈥渂eyond those for which they are salaried鈥�.

鈥淓ven if the contract says 32.5 or 37.5 hours, if in practice the role demands longer hours, for example extracurricular clubs, marking, planning, the effective hourly rate might breach the national living wage.鈥�

The draft pay scales, published in the , will come into effect from September once the government has consulted on its pay decision.

The report said that employers 鈥渟hould ensure that implementation of the pay award complies with the national living wage policy.

鈥淲e also expect that the department will want to satisfy itself that employers are compliant.鈥�

However, when approached by Schools Week, the DfE said the matter was one for employers.

‘Not acceptable’ to leave up to schools

Louise Hatswell, a pay specialist at the Association of School and College Leaders, said it was 鈥渘ot acceptable for the government to distance itself and claim this is solely an issue for employers.

鈥淎fter all, it is the government that sets the statutory pay levels, and at the very least, it should guarantee that they are lawful and deliverable.鈥�

National data shows that in 2023-24, 3,714 teachers, or 0.7 per cent of those nationally, earned less than 拢25,000 a year. But rates vary by region.

In the north east, north west and inner London, just 0.4 per cent of teachers earned less than 拢25,000. In the east of England the figure was 1.2 per cent.

Paul Whiteman, the general secretary of the school leaders鈥� union NAHT, said: 鈥淭his could potentially put some schools in a difficult position.

鈥淚t will be important that trusts and local authorities work closely with individual schools to help them understand the implications and any actions they need to take.鈥�

Schools could also face a similar issue with support staff pay.

Even after the proposed 3.2 per cent pay rise this financial year, the lowest pay point will be around 拢24,410.

However, the process for setting support staff pay has not concluded, so the full pay scales are not known.

‘Reputational risk’

Bingham said schools and trusts 鈥渕ay face reputational risk or compliance audits if this issue is not addressed proactively鈥�.

鈥淲e share in the concern that schools using the lowest pay points on the unqualified range may inadvertently breach NLW law, especially where hours worked in practice are longer than contractually stated.鈥�

She urged schools to carry out a pay risk audit, update their pay policies with pay floors that complied with the minimum wage and arrange training for HR and payroll teams.

It follows concerns that teacher pay rises overall are not keeping up with wage rises in the wider economy. The national living wage rose by 6.7 per cent in April, whereas teachers鈥� pay will rise by 4 per cent in September.

The STRB estimated teachers鈥� earnings in 2023-24 were 18.2 per cent below their level in 2010-11 in real terms, compared with 2.5 per cent across the whole economy.

Stephen Morales, the chief executive of the Institute of School Business Leadership, said: 鈥淲hilst there is technically a vulnerability of breach with the new pay settlement it feels like a temporary gap in the arrangements.

鈥淲e would always encourage our members to do the right thing and be diligent enough to close any loopholes.

鈥淭hat said, it is important that we make schools and trusts aware of the short-term risks of falling below the NLW and inadvertently underpaying important support staff colleagues.鈥�