Burgundy Book: June 2023 Amendments

As of June 2023, the conditions of service contained in the Burgundy Book have been updated to reflect changes in legislation since the third edition was published in 2000. The Burgundy Book 2023 Edition is a technical update intended to clarify language and update legislation without amending the application of any of the terms and conditions of employment contained in the Burgundy Book.

The changes can be found below:

Gender-neutral Language

Gender-neutral pronouns have been adopted throughout the Burgundy Book, with the aim of promoting inclusivity. This includes new wording within Section 5, the Maternity Scheme to underline the fact that the maternity provisions apply to pregnant women, trans men, and non-binary teachers.

Local Education Authorities to Local Authorities

All references to local education authorities in the 2000 version of the Burgundy Book have been amended to local authorities to reflect changes to the educational landscape since 2000.

School Teachers Pay and Conditions Document (STPCD)

All references to the STPCD have been updated to include reference to the School Teachers’ Pay and Conditions (Wales) Document (STC(W)D).

References to the Teachers’ Pension Regulations 2014 and the Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations 2015

All references to the Teachers’ Pension Regulations and the Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations in the 2000 version of the Burgundy Book have been updated to reflect the Teachers’ Pension Regulations 2014 and the Teachers’ (Compensation for Redundancy and Premature Retirement) Regulations 2015.

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The below refers to specific changes for certain sections of the Burgundy Book:

Cover Sheet

The cover sheet has been updated to reflect changes to signatories since the 2000 Revised Edition:

• ATL (Association of Teachers and Lecturers) and NUT (National Union of Teachers) amalgamated to form NEU (National Education Union).
• PAT (Professional Association of Teachers) became VOICE and then merged with Community to become Community Union | Education and Early Years.
• SHA (Secondary Heads Association) is now ASCL (Association of School and College Leaders).

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Section 1: Introduction

Paragraph 3 has been simplified by removing references to legislation and has changed ‘county’ to ‘community’ to reflect the current language. The wording in Paragraph 5 has been clarified to encompass relevant legislation covering the transfer of staff, and the bracketed wording indicating that foundation schools were formerly grant-maintained schools has been removed, to clarify that not all foundation schools were formerly grant-maintained schools.

A new paragraph 6 has been included which reflects that since the previous edition of the Burgundy Book was published, academy trusts have been established. Paragraph 9 (Paragraph 3 in 2000 version) has been updated to reflect the change in legislation since the 2000 Burgundy Book which provides that written particulars of employment must be provided at the commencement of employment, rather than within two months from the commencement of employment for teachers whose employment lasts for at least one month.

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Section 3: Appointment: Resignation: Retirement

Paragraph 4.4 has been amended to clarify that the provisions of paragraphs 4.1 to 4.3 do apply to dismissals for ill health and redundancy. Paragraph 5.1 has been updated to reflect the Education (Health Standards) (England) Regulations 2003 and the corresponding provisions of The Education (Health Standards) (Wales) Regulations 2004 for Wales. Paragraph 6 has been updated to reflect changes to legislation regarding the removal of the automatic default retirement age of 65 in the 2000 version of the Burgundy Book, thus ensuring this is not age discriminatory.

Paragraph 7, relating to resignation for pregnant teachers in the 2000 Burgundy Book, has been updated to reflect changes in legislation relating to maternity. Additional wording has been added at paragraph 7.1 to signpost teachers to the maternity scheme in Section 5 of the Burgundy Book. Paragraph 7.2 has been amended to reflect the fact that there is no longer any service requirement affecting a pregnant teacher’s return to work.

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Section 4: Sick Pay Scheme

Paragraphs 5.1, 5.2 and 5.3 have been simplified to remove references to specific sickness and incapacity benefits, while retaining the overriding principle that an individual teacher in receipt of sickness and incapacity benefits cannot be paid more than if they were working.

Paragraphs 7.4 and 8.1 have been amended to reflect changes in the Fit Note regime, and the reference in paragraph 8.1 to the D.S.S (N.I.) has been removed.

Paragraph 8.1 (d) has been amended to include reference to the Data Protection Act 2018.

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Section 5: Maternity Scheme

A footnote has been included at the beginning of the Maternity Scheme to refer to sections 73 and 74 of the Equality Act 2010 which deem employment contracts to include a ‘maternity equality clause’. Any pay increase a teacher receives (or would have received had the teacher not been on statutory maternity leave) must be taken into account in the calculation of maternity-related pay. A teacher’s pay on return to work following maternity leave must take into account any pay increase they would have received had they not been on statutory maternity leave.

Paragraph 2 (c) has been amended to remove clause (v) which stated that the teacher’s maternity leave would always commence on a Sunday. Legislation referred in paragraph 2 (e) has been updated to reflect the fact that the Management of Health and Safety at Work Regulations (1999) have superseded the 1994 Regulations.

Paragraph 3 has been amended to clarify that the employer can only request evidence of ante-natal appointments following the first appointment.

Paragraph 4.1 has been amended to reflect the fact that all pregnant teachers are entitled to 52 weeks of maternity leave. Paragraph 4.2 has been amended to clarify that, where previously, maternity leave could be automatically triggered from the 6th week before the EWC, it can now only be triggered from the beginning of the 4th week before the EWC. In addition, Paragraph 4.2 has been amended to reflect legislation, providing that maternity leave will start on the day after the first day of pregnancy-related absence in the four-week period (paragraph 4.2 (a)) and on the day after a premature birth (paragraph 4.2 (b)).

Paragraph 7 has been amended to reflect current legislation which provides that the employer should assume that the employee will return to work following maternity leave, removing notification of return-to-work obligations on the teacher.

References to Additional Maternity Leave in the previous paragraphs 7.2 and 7.3 have been deleted.

Paragraph 8.2 has been amended to refer to ‘maternity pay’ as opposed to ‘salary’.

Paragraph 8.3 has been amended to reflect the entitlement to a further 21 weeks of SMP or Maternity Allowance. As a result, the previous (e) has become (f).

Paragraph 11.2 has been revised to include reference to the Equality Act 2010. This is because if a miscarriage happens in the first 24 weeks of pregnancy, any sickness absence the birth mother needs to take is likely to be considered a ‘pregnancy-related illness’. ‘Pregnancy and maternity’ are protected characteristics under the Equality Act 2010.

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