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
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1 September 2012
Replace 2006 Regulations
Teachers in maintained schools
Unattached teachers employed by LAs
What has changed?
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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:–
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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?
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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)
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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
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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)
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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