Performance management IN SchOOLS Glenn Hayes, Partner

Outline How to get the best out of your staff How to engage staff How to identify symptoms of poor performance Factors which lead to poor performance How to manage poor performance effectively How to mitigate the risks of unfair dismissal and discrimination claims or grievances arising from performance management

Why is performance management a big issue? “Those headteachers with a successful track record of leading schools from being judged ‘satisfactory’ to becoming good or better …..are absolutely clear that improving teaching and learning is at the heart of what needs to be done, they communicate their high expectations of staff and pupils effectively, and they lead by example, modelling the behaviour they want from their staff”. Ofsted report, September 2012 ‘Getting to Good – how headteachers achieve success’.

Why is performance management a big issue? Performance related pay introduced effective September 2014 Change of culture in the way that teachers pay will now directly relate to performance. Consistent with Ofsted expectations that schools expect high quality teaching and consistent improvement for reward Ofsted monitor and evaluate the quality of school performance management procedures Governing bodies are expected by Ofsted to be strategically involved in effectiveness and application of performance management policy

The basics Implied right in contracts that all employees will perform their role to a minimum standard An employer has the right to expect adequate level of performance An employer has the right to appropriately manage inadequate performance This can be a fair reason for dismissal subject to appropriate procedures having been met and sufficient grounds for the view that there is underperformance

How to get the best out of your staff Engaged employees: Have increased commitment to their job and the place of work Demonstrate higher levels of innovation in how they achieve their goals and fulfil their role Have lower rates of sickness or absenteeism Are less likely to leave their place of work for another role Behave in a way that supports the schools’ values Has a positive impact on stakeholders in school, including pupils and parents

How to engage staff Good communication Implement good policies and procedures Regular feedback that is focussed on individual achievement and support to achieve goals Encourage involvement Ask employees for initiatives to help improve performance - keep them engaged Understanding individual aspirations and set objectives to enable them to work towards them Involve teachers in certain decisions e.g. formats for reporting

How to engage staff Provide supportive and stimulating work environment Provide a working environment which is challenging but rewarding. Provide reasonable support to enable staff to do the job (resources, for example) Provide training and continuous professional development Allow for feedback Employee representative groups Regular feedback that is focussed on individual achievement and support to achieve goals Recognise and reward a good job Consider use of wellbeing surveys

Performance management 3 steps Communicate the expectation of good performance Identify any performance concern(s) Address the performance concern(s)

Communicate performance requirements Goal: Everyone is clear about their responsibilities and know that effective support is available to help them meet objectives The outcomes of general performance management are linked to progress up the pay scales so everyone knows that movement up the scales is based on outcomes and performance No one size fits all for performance management structure – the staffing structure and organisation of a school and its principal objectives under the school improvement plan will determine what is the appropriate means for performance management and monitoring

What an effective performance management system looks like Encourages teachers to enhanced quality of teaching Is enabling and supportive rather than draconian Encourages personal development and sharing good practice with colleagues Coordinates individual teacher objectives with school goals Does not impose excessive or unmanageable workloads in the objectives given Provides clarity over how performance will be monitored and assessed (frequency and purpose) Provides clarity over how monitoring feedback will be given (when and how) Provides clarity over expectations for objectives being met and how teachers should evidence this

Performance policies Focus should be on the overriding objective to improve quality of teaching generally rather than spotlighting individual teachers Key elements to performance management: a) monitoring/assessment of teacher performance b) performance management through appraisal c) More formal systems and procedure for managing under performance beyond annual appraisal Links to appraisal cycle as well as provision for regular and informal feedback

Step 2 – Identify the performance issue Symptoms of poor performance Not managing existing workload Not achieving objectives set Under achievement of pupils and/or lack of improvement in a reasonable period Lack of engagement with and commitment to school objectives Lack of pupil discipline Errors and overlooking matters

Causes of poor performance At school level: Headteacher inherits systems which are not fit for purpose and problems that have not been previously managed Performance management systems lack impact Systems do not drive up the quality of teaching or hold staff to account for teaching and leadership Unreasonable expectations for progress or unreasonable timescales Lack of communication

Causes of poor performance At an individual level: Poor attitude Excessive workloads Tensions with work colleagues Challenging pupils Lack of support by management Lack of resource Lack of understanding of Ofsted or curriculum requirements Lack of understanding or appreciation for expectations of senior leadership team

Step 3 Addressing the performance issue First, seek to address issues informally. Hold performance review meetings – formal or informal Consider what information is required to have to explain and demonstrate your concerns. Give specific examples

Holding a performance review meeting Explain the issue and allow employee the opportunity to respond Identify how weaknesses/issues may be overcome Discuss what support may be required Consider whether employees need training/coaching to improve to the required level Agree the review period – during which performance will be assessed more closely and in which improvement will be expected to be evidenced Agree expectations of improvement within the review period

Holding a performance review meeting Clarify monitoring process and arrangements for discussing after monitoring has taken place Set targets that are reasonable in expectation and timeframe Consider how the objectives will be assessed (SMART objectives and what evidence would you expect to see) Schedule further review meetings Communicate next steps if unsatisfactory improvement Right to be accompanied to formal meetings (where warnings could be outcome)

Dismissal for performance reasons Implement formal performance management policy when matters persist. Formal capability warnings – verbal, written and final written. Dismissal should be considered only after following series of warnings A fair dismissal for poor performance requires there being evidence of underperformance and a fair procedure to address it being implemented Consider mitigating factors and alternatives to dismissal

Problem areas It can adversely affect the relationship between headteachers and those being monitored. Intrusive procedures can undermine teacher confidence and morale. Additional workloads and administration for those managing the issue. Can lead to grievances and absence issues

Problem areas - grievances Sometimes the grievance needs to be investigated before the performance management can progress but not always. Is the grievance linked? Possible outcomes: Clarification of issues and agreement for a way forward Measures to restore broken relationships Resignations (to avoid performance management) Absence/bullying and discrimination complaints

Problem areas - absence Take periods of absence into account when reviewing employee performance and target setting Unsatisfactory high level of absence may be a separate factor to manage but not itself indicator of poor performance in duties whilst at work. Consider the separate sickness absence policy If absence is a consequence of stress relating to the management of performance, it may aid the return to work if the return to work plans and discussions include agreement as to support and/or objectives for the return to work Use occupational health for advice on specific cause of absence and whether discussions, during absence, for an agreed return to work plan (which addresses performance issues) may assist

Mitigating performance issues Have robust recruitment and induction systems – get it right and ensure new staff understand school’s culture and priorities Have different programmes of professional development for teachers’ according to their own needs e.g. devise action plans on a 1:1 basis to balance a personalised support package with monitoring of their work Share best practice Use more effective teachers for peer or team teaching (this may link up to objectives of other staff) Provide regular opportunities to for teacher’s self-reflection, for example by inviting other teachers into their classroom to observe as critical friends (not part of formal monitoring)

Mitigating performance issues Consider means to reduce workloads and support each other Train senior leadership so that they understand the performance requirement and lead by example Where issues of performance arise, deal promptly and informally before issuing formal warnings Where stress related absence follows – manage the absence as the longer they are off, the less likely a successful return under capability. Use occupational health and work towards a supported return to work plan Where grievances are raised, deal with them under your procedures promptly and consider whether need to postpone performance management in meantime. Consider use of settlement agreements in appropriate cases