The September 2025 iteration of the School Teachers’ Pay and Conditions Document (STPCD) introduced some changes in the area of Teaching and Learning Responsibility Payments, or TLRs as they are more commonly known. The changes introduced in respect of TLRs were optional for the 2024/2025 academic year, however from 1 September 2026 the changes are mandatory for all schools and MATs who adopt the STPCD. It is important that governing bodies and trust boards understand the changes, including what it means for them and what steps, if any, they must take, to ensure compliance with the mandatory changes from 1 September 2026.Under the current legal framework governing bodies of maintained schools must adopt the STPCD but academy trust boards may or may not adopt the STPCD, or may adopt it with variations, including in relation to the eligibility and valuation of TLR payments. However, this will likely change under the Children’s Wellbeing and Schools Act 2026 (CWSA 2026) which will require that all teachers will be part of the same core pay and conditions framework – whether they work in a maintained school or an academy. It is anticipated that once these changes come into effect it will not be possible for academies to disapply certain parts of the STPCD. It should be noted however that the majority of academies already adopt the STPCD in full. The guidance below is based on the provisions of STPCD 2025 and correct at the time of publication. It applies to those relevant bodies that adopt the STPCD provisions relating to TLR payments and/or whose current pay policies and practices reflect the principles and methodology for calculating TLR payments contained within the STPCD.
What is a TLR payment and who is eligible to receive one?
The STPCD defines a TLR payment as:
“[a] payment to a classroom teacher for undertaking a sustained additional responsibility, for the purpose of ensuring the continued delivery of high-quality teaching and learning and for which the teacher is made accountable. The award may be while a teacher remains in the same post or occupies another post in the absence of a post -holder…”
(Section 2, Part 4, paragraph 20.1 of STPCD 2025) (our emphasis added in bold type).
A TLR payment is made subject to conditions listed in Section 2, Part 4, section 20.1 of STPCD 2025. These include setting limits on the minimum and maximum values of a TLR payment, setting limits on the number of TLR payments a teacher can be awarded and requirements around the nature and duration of the payment.
Having decided to award a TLR, the relevant body must determine whether to award a first TLR (TLR1) or a second TLR (TLR2) and its value, in accordance with its pay policy, provided that (for the 2024/2025 academic year, noting the values are amended annually)[1]:
- the annual value of a TLR1 must be no less than £10,174 and no greater than £17,216;
- the annual value of a TLR2 must be no less than £3,527 and no greater than £8,611.
The relevant body may award a fixed term third TLR (TLR3) to a classroom teacher for clearly time-limited school improvement projects, or one-off externally driven responsibilities. The annual value of an individual TLR3 (based on the values in the STPCD 2025 and applicable to the 2024/2025 academic year) must be no less than £702 and no greater than £3,478. The duration of the fixed term must be established at the outset and payment should be made on a monthly basis for the duration of the fixed term. Although a teacher cannot hold a TLR1 and a TLR2 concurrently, a teacher in receipt of either a TLR1 or a TLR2 may also hold a concurrent TLR3.
With the exception of sub-paragraphs (c) and (e), which do not have to apply to the award of TLR3s, before awarding any TLR the relevant body must be satisfied d that the teacher’s responsibilities include a significant responsibility that is not required of all classroom teachers and that:
- 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 pupil 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.
In addition, before awarding a TLR1, the relevant body must be satisfied d that the sustained, additional responsibility referred to in paragraph 20.1 includes line management responsibility for a significant number of people.
When should a relevant body award a TLR to a classroom teacher?
The 2025 STPCD Guidance for relevant bodies, at Section 3 of the STPCD, sets out the circumstances when a TLR payment must be justified – paragraphs 47 – 55 supplement the requirements at Paragraph 20 of the STPCD at Section 2, Part 4.
This includes:
The relevant body must keep under review how many leadership group posts and other posts (including posts paid on the pay range for continued delivery of high-quality teaching and learning. If TLR1s or TLR2s are an appropriate part of that structure, the relevant body must decide how many posts should have these TLRs and the appropriate cash values in the light of the criterion and factors for the award of a TLR1 and a TLR2 and the parameters within which the cash values may be set . The responsibility or package of responsibilities for which a TLR1 or TLR2 is awarded should be clearly set out in the job description of the post holder. Equal pay legislation must be complied with in the award of any TLR to individual teachers and relevant bodies should be aware that any decisions which are not made on objective criteria may lead to claims being made to employment tribunals. (Section 3, Paragraph 47)
How should a TLR be calculated?
The award of a TLR payment should be calculated in accordance with a school/trust’s pay policy, which will usually adopt the minima and maxima set out in the STPCD.
It is worth noting that the STPCD wording implies that an award of a TLR payment should be calculated by reference to the minimum payment, as defined in the STPCD and set out above, as the starting point and that any decision to make an award in excess of the minimum should be clearly evaluated, evidenced and documented. The Guidance provides: “Decisions to make payments above the applicable minimum level should be justifiable in relation to the level of responsibilities attached to the post. Relevant bodies should not take into account recruitment or retention issues, payments for which should only be awarded in accordance with the relevant body’s pay policy” (Section 3, Paragraph 49).
It further provides, “Changes in the value of TLRs, once set by the relevant body, should only occur for two reasons: (a) the STRB recommends, and the Secretary of State accepts and introduces, a general change in the TLR values; or (b) the relevant body reviews its staffing structure and determines that the responsibilities of the post have changed materially.” (Section 3, Paragraph 49).
Having said that, the government has suggested under the CWSA 2026 that the limits in the STPCD regarding teacher pay will likely need to be treated as “the floor not the ceiling” although at this time we advise following existing STPCD Guidance.
How have TLR payments been calculated historically and what is the position from 1 September 2025?
TLR payments have usually, and until the 1 September 2025 update to the TLR payment provisions of the STPCD, been calculated by reference to a teacher’s work pattern. That means that traditionally a full time teacher will usually receive the full time equivalent of the value of the TLR that has been assigned to the additional responsibilities attached to the post. Consequently, a part-time teacher will usually be awarded a pro-rata proportion of the full-time value of the TLR that has been assigned to the additional responsibilities attached to the post which matches their part-time hours.
This is the historical position, and this is also what is permitted currently. Having said that, with the impending change to how TLR payments are to be calculated from 1 September 2026, the STPCD has built in provisions for the current academic year (2025/26) as a sort of ‘transitional period’. The transitional provisions, which mirror the requirements from 1 September 2026, mean that the value of any existing or new TLR1 or TLR2 payment may be based on the proportion of the TLR responsibility the teacher is actually undertaking – i.e. the proportion of the full-time equivalent responsibility. The assessment of how much of the responsibilities of the TLR the teacher is actually undertaking applies regardless of whether the teacher works full-time or part-time.
Whilst these transitional provisions are not mandatory, they provide relevant bodies with an opportunity to review their current structures and understand and apply the calculation methodology before it becomes a mandatory requirement.
The 2025 STPCD provides, at Section 1, Part 4, paragraph 20.6:
From 1st September 2025, relevant bodies may determine the value of any existing or new TLR1 and TLR2 payment, based on the proportion of the TLR the teacher is undertaking – i.e. the proportion of the full-time equivalent responsibility. Where a part-time teacher is taking on the responsibilities associated with a TLR1 or TLR 2, relevant bodies are no longer mandated to utilise the pro-rata principle (as defined dat paragraph 40.1) when determining the value of the TLR1 or TLR 2 payment. Equally, a part-time TLR may be awarded to a full-time teacher where the responsibilities are being shared with another teacher. For the avoidance of doubt, relevant bodies must act fairly and appropriately when determining the value of a TLR1 or TLR2 payment. Please refer to Section 3, paragraph 50 for further guidance.
The 2025 STPCD Guidance at Section 3, paragraph 50 states:
“…while there is no requirement for schools to adopt this proportion of responsibilities-based calculation from 1st September 2025, schools will, over the course of the 2025/26 academic year, wish to consider t he impact of this upcoming change on teachers in receipt of a TLR1 or TLR 2, so that they are in a position to implement the new requirements from 1st September 2026. In particular, schools will want to consider the impact on any part-time teachers currently in receipt of a TLR1 or TLR2 and the impact on any full-time teachers undertaking only a proportion of the responsibilities associated with the full TLR. In practical terms, the new proportion of responsibilities-based calculation means that the percentage value of the full TLR1 or TLR2 payment received by a part -time teacher may be higher than the percentage value applied to their salary and other allowances (determined in accordance with the pro-rata principle) if the teacher undertakes a higher proportion of the responsibilities associated with the TLR1 or TLR 2 (up to the full amount). The responsibilities agreed should be capable of being undertaken within the normal hours of the part-time teacher concerned. The appropriate level of allowance payment and responsibilities should be agreed between the individual teacher and the employer. The new proportion of responsibilities-based calculation means that some full-time teachers will only receive a proportion of the full TLR1 or TLR2 payment if they are only undertaking a proportion of the responsibilities associated with the full TLR. The appropriate level of allowance payment and responsibilities should be agreed between the individual teacher and the employer.”
The point to note for current purposes is that relevant bodies are able to start the process of reviewing how they calculate TLRs now, and implementing such changes now, so that they are ready for changes being brought in on 1 September 2026.
How will TLR payments be calculated from 1 September 2026?
Section 2, Part 4, paragraph 20.7 of STPCD 2025 provides that, from 1st September 2026, it will become a requirement that relevant bodies determine the value of all existing and new TLR1 and TLR 2 payments based on the proportion of the TLR the teacher is undertaking – i.e. the proportion of the fulltime equivalent responsibility. As stated above, this is relevant for all post-holders who are awarded a TLR1 or TLR2, regardless of their work pattern/hours. This could lead to the position noted in the guidance, referred to above, that a part-time teacher receives a higher proportion of a TLR payment than a full-time teacher who undertakes only some of the responsibilities for which the TLR is awarded.
It should be noted that this new method of calculating TLR payments only applies to TLR1 and TLR2 payments. The pro-rata principle does not apply to TL3 payments. TLR3 payments, which are payments which may be awarded for clearly time-limited school improvement projects or one-off externally driven responsibilities, are not subject to the pro-rata principle – where a TLR3 is awarded to a part-time teacher the value should not be amended to reflect the part-time hours of the individual in receipt of the award.
Our view is that although you are no longer permitted to pro-rate TLR1s and TLR2s solely based on working hours, you can still determine the value based on proportion of responsibility undertaken, that is, the proportion of the full-time responsibility. For example, a part-time teacher could be paid 100% of the TLR if they agree, by mutual consent, that they will fulfil all the job requirements, or a full-time teacher could be awarded a part-time TLR as part of a job share or where they are undertaking less responsibilities.
Salary safeguarding
It would be remiss to mention changes to additional payments without mentioning the potential impact of the salary safeguarding provisions in the STPCD. It is important that a relevant body considers whether the conditions for salary safeguarding (whether under STPCD or your own policies) apply where a teacher has been awarded a TLR1 and/or TLR2 – there are certainly circumstances where it will apply and we would urge relevant bodies to take specialist advice where they are unsure, noting that TLR3 payments are not subject to salary safeguarding.
What should schools be doing to prepare?
Relevant bodies should be reviewing the 2025 STPCD Guidance at Section 3 of the STPCD, particularly that at paragraph 50 (set out above), and considering:
- how they currently calculate TLR payments
- how these calculations will be affected by the changes from 1 September 2026, due to payments being reflective of responsibilities actually undertaken versus simply as a proportion of the teacher’s contractual hours or work patter
- consider whether salary safeguarding conditions are met
- review and update relevant policies, including pay policies
- communicating changes to affected staff and ensuring that these conversations are had with staff, rather than being an exercise and something being done to staff, in good time and certainly before the end of the current academic year.
It is possible that the changes will unsettle staff, especially where conversations are being had around the level of responsibilities of the TLR that are actually being undertaken by a teacher, and therefore a potential decrease in the amount they will actually receive. It is important that these conversations and communications are handled sensitively, collaboratively and timeously. However, relevant bodies must start to prepare and should not shy away from taking active steps to ensure compliance with these requirements, where they apply, because some staff may feel unhappy about the changes. A failure to properly conduct an audit and identify changes, could lead to various claims, including, but not limited to, breach of contract, where STPCD is expressly incorporated into the contract of employment, equal pay claims, discrimination/unfavourable treatment/detriment on account of part-time status, discrimination more generally, potentially on account of sex as women make up the larger proportion of the part-time workforce in the sector (and generally) etc. It could also mean that relevant bodies are not complying with their duties regarding probity and use of public funds if payments are being made in excess of an employee’s proper entitlement.2
As a starting point an audit of all TLR1s and TLR2s in your organisation should be undertaken, followed by a review their value having regard to the responsibilities that are being undertaken. Particular attention should be paid to any TLR1s and TLR2s that have been awarded in full or pro-rated based on working patterns alone. It is possible that an audit and review is all that is required and that no change is required, however it is important for relevant bodies to be satisfied that the level of TLR1s and TLR2s is appropriate having regard to the responsibilities that are being undertaken by the relevant teacher.
In summary we advise undertaking a review of all TLRs and ensure that the level of TLR awarded has been determined with reference to the responsibilities being undertaken by each teacher and not their working hours/pattern. Any proposed changes should be consulted on in good time for a 1 September 2026 implementation.
For further information or advice, please contact our Schools HR team on SchoolsHR@wslaw.co.uk or 0345 026 8690.
This briefing is not intended to be a definitive statement of the law and is correct at the time of publication. It should not be taken as a substitute for professional legal advice. It does not represent the views of Winckworth Sherwood or any of the authors.
[1] Based on values in STPCD 2025 and correct at time of this article being published