Simon Bevan, Partner. Lawyers & Parliamentary Agents

Transcription

1 Effective Performance Management Simon Bevan, Partner Lawyers & Parliamentary Agents

2 Background Legal position Potentially fair reason for dismissal Defining poor performance employee is unable to perform the job to the standard expected by the School the standard is higher than might be expected at other Schools Won t do or can t do separate disciplinary and capability procedures

3 Recruitment Recruitment Job description Personal specification Application forms/ CVs Shortlisting Interviewing References Written exercises and psychometric tests Offer subject to conditions Trial lessons

4 Induction Induction: Information Training Handover Set expectations

5 Probationary Period Probationary periods: Purpose Length Extension Notice periods NQTs

6 Appraisal Appraisals: Purpose Job description Person specification S.M.A.R.T. Mentoring Teachers Standards Objectives

7 Appraisal The Education (School Teachers Appraisal) (England) Regulations 2012 Simplify performance management Model policy Flexibility Enable capability dismissals in minimum one term

8 Appraisal Appraisal requirements: Written policy Who is appointed to review performance How appointed Arrangements for classroom observation What is recorded Timescales Arrangements for reporting Link between performance and pay Link between appraisal and professional development External advice on Head Teacher s performance

9 Professional standards Link between appraisal, performance and professional standards: Set high expectations which inspire, motivate and challenge pupils Promote good progress and outcomes by pupils Demonstrate good subject and curriculum knowledge Plan and teach well structured lessons Adapt teaching to respond to the strengths and needs of all pupils Make accurate and productive use of assessment Manage behaviour effectively to ensure a good and safe learning environment Fulfil wider professional responsibilities

10 Performance & pay Appraisal Policy: Setting of objectives Assessment of performance Measurement of performance Evidence Capability proceedings not inevitable consequence of no progression how to identify distinction and need for proceedings; consistent application

11 Low Performance distribution Performance distribution High Performance No. of Staff

12 Objectives Teachers Standards Schools Standards School produces an effective plan for the professional development of staff Teachers must play an active role in their own performance development Class room observation must be part of appraisal and review Performance review evidence Feedback on class room observation should be prompt Pay recommendations

13 Informal Management Informal approach step 1 1. Establish the facts 2. Inform the employee of the problem 3. Meet and discuss with employee 4. Refer back to appraisals 5. Set clear attainable targets for improvement 6. Provide support 7. A reasonable timescale to improve 8. A review date 9. Warn that failure to improve may lead to formal action

14 Formal Management Formal approach step 2 When - if informal approach is not achieving positive results Follow capability procedure: Formal capability meeting Identify professional shortcomings Update targets / objectives Warn over failure to improve Timetable for improvement Employee can be accompanied Note taker present

15 Minimum Capability Timescale Final warning followed by monitoring & review Decision meeting Formal capability meeting 1 st warning followed by monitoring & review period Formal review meeting Final warning followed by further monitoring and review period Decision meeting 5 days notice 4 weeks minimum 4 weeks minimum + + = 9 weeks Note: The timings given above are illustrative only and are offered as minimum periods, which will be appropriate only in straightforward cases. Schools will need to tailor the length of their monitoring and review periods to suit individual circumstances.

16 Sanctions Sanctions Follow the capability procedure written warning required improvements final written warning required improvements Decision meeting- dismissal with notice Other sanctions e.g. demotion Dismissal only after fair warning and chance to improve Reasonable and proportionate timetable A series of meetings over a number of weeks / months Appeal each sanction

17 Capability procedures Procedures not to be halted by: Sickness absence An immediate referral to occupational health should be triggered Grievances Where the grievance and capability are related, both may be dealt with concurrently

18 Case Study David s performance has been criticised by pupils. As Head of Department you mention this to David who subsequently raises a grievance against you. Which procedure do you use? Will your approach depend upon the evidence you have? Will this affect how you manage staff in future?

19 Report to Teaching Agency Statutory duty to consider: following misconduct dismissal following resignation where teacher would have been dismissed Grounds: Unacceptable professional misconduct Bringing the profession in to disrepute Conviction for a relevant offence

20 Capability dismissal Timing Consider the School s culture Has an informal procedure been undertaken to date? Encourage and support Costs and risks of claims Compromise agreements

21 Action Schools should review their: recruitment process appraisal policy & procedure pay policy capability procedure reference policy

22 Simon Bevan, Partner Lawyers & Parliamentary Agents