Transcript Document
A LEADING LAW FIRM WITH A ISTINCTIVE APPROACH Performance Management James Wilders and Laura Daniels Performance management • New performance management framework for schools • Model appraisal and capability policy • General principles and the Acas Code of Practice New performance management framework • The Education (School Teachers’ Appraisal) (England) Regulations 2012 – – – – 1 September 2012 Replace 2006 Regulations Teachers in maintained schools Unattached teachers employed by LAs What has changed? • • • • • Greater freedom to design appraisal policies Optional model policy combining appraisal and capability Shorter monitoring and review period Removal of 3 hour limit on classroom observations Teachers’ performance to be assessed against relevant standards – e.g. Teachers’ Standards What has not changed? • Governing Bodies of maintained schools must:– – – – Establish appraisal policy Appoint external adviser to support appraisal of the Head Teacher Ensure objectives are set for each teacher Ensure annual appraisal and written report • Similar duties for local authorities for non-attached teachers Any exclusions? • • • • Employed for less than one term Teachers undergoing induction period Teachers going through capability procedure Academies, Free Schools and other Independent Schools Model policy (1) • Requirement of Regulations to have an appraisal policy in place • Model Policy comprises: – Part A – Appraisal – Part B - Capability • Model Policy is optional, except text in bold indicates statutory requirements Model policy (2) • Schools must decide whether to adopt Model Policy or their own version, and when • Review policies for support staff • Model Policy does not apply to Academies, although they too should have a policy in place • See the ASCL Guidance Model Capability Procedure • Applies if appraiser not satisfied with progress (appraisal policy) or serious concern that appraisal process unable to address (capability procedure) • Invitation to formal capability meeting – Information about concerns – Copies of written evidence – Right to be accompanied Model Capability Procedure (2) • Capability meeting – Establish facts – Conducted by Chair of Governors or Head Teacher – Teacher’s opportunity to respond to concerns – Identify shortcomings – Guidance on improved standard of performance required – Explain support to be provided – Timetable for improvement (e.g. 4 to 10 weeks) – Explain how performance will be monitored and reviewed – Warning of potential dismissal Model Capability Procedure (3) • Formal review meeting – No review if final written warning issued (go straight to decision meeting) – If sufficent improvement, capability procedure will cease and appraisal process re-start – Otherwise extend monitoring and review period (if some progress made) or issue final written warning (if no or insufficent improvement) Model Capability Procedure (4) • Decision meeting – If acceptable standard of performance achieved, capability procedure ends and appraisal process re-starts – If performance remains unsatisfactory, decision, or recommendation to Governors, to dismiss or required to cease working at the school • Right of appeal Model Capability Procedure (5) Concerns • When should the Procedure be invoked? • Head Teacher might appraise a Teacher and also conduct the capability meeting • Following the Procedure might imply that decision pre-determined • Procedure doesn’t spell out requirement to confirm meeting outcome in writing • Process potentially too swift (Schools can move from capability meeting to dismissal) Provision of information to new employers • • • • To prevent recycling of underperforming teachers Subject to capability procedures in previous 2 years? All Head Teachers and teachers employed in maintained schools Academies – Can also ask for this information – Changes to future funding agreements General Principles • Unfair dismissal – 1 or 2 years’ service – Potentially fair reason? • Capability – Reasonable to dismiss? • Fair procedure? – The band of reasonable responses General Principles (2) • • • • • Proper investigation. Opportunity to improve within a realistic timescale. Appropriate support and possibly training. Progress is reviewed during the review period. Right of appeal. General Principles (3) • Acas Code of Practice – Not a legal requirement, but… – Tribunals obliged to consider – Increase of up to 25% in compensation awarded Next Steps • All Schools should have procedures in place • Review current procedures to make sure they are fit for purpose • Doing nothing should be a conscious decision Contacts James Wilders Partner [email protected] 0191 279 9240 Laura Daniels Associate [email protected] 0191 279 9867