1. Webinar: How to handle PRP appeals -------------------------------------- Presented by Heather Mitchell, employment lawyer at Browne Jacobson

2. How to handle PRP appeals Heather Mitchell

3. Purpose of today Equip you to: understand the context of PRP make robust pay decision demonstrate effective L&M to Ofsted have confidence in holding pay appeals

4. Where are we now?… New guidance on PRP released April 2013 New teachers’ terms issued in STPCD 2013 from September 2013 (PRP) and 2014 more changes Pay policy in place and agreed by governing body Ofsted are looking at it (Leadership and Management) Union unrest resulting in work to rule and strikes

5. Performance management and PRP in your school

6. Claimant completes an Early Conciliation form ACAS contacts the Claimant ACAS contacts employer. Trying to seek settlement within 1 month ACAS issues Early Conciliation Certificate

7. PRP and Ofsted

8. What are Ofsted looking for ? Two Documents Ofsted School Inspection Handbook (January 2014) Ofsted’s Subsidiary Guidance on Inspection (January 2014)

9. Ofsted School Inspection Handbook The effectiveness of procedures for monitoring the quality of teaching and learning and the extent to which under performance is tackled. A strong link between performance management and appraisal and salary progression.

10. Ofsted’s subsidiary guidance on inspection …should include information about patterns of progression through different salary scale points, and comparisons between subject departments and / or teachers deployed in different key stages

11. What will Ofsted do with this information? Compare findings with their judgement on the overall quality of teaching and learning. If there is POOR CORRELATION between the two, likely to become a focus for further investigation

12. Making pay recommendations

13. Role of Governors Approve final decisions on pay recommendations made by Head teacher Provide a challenge to pay decisions – shouldn’t just be waved through Quality assurance – be clear about facts, are decisions consistent, can they be objectively justified? Monitor outcomes and trends of pay decisions – scrutinise progression rates versus performance Clarity of link with standards

14. Considerations 1What evidence has the appraiser considered? 2Is it appropriate? 3What moderation has taken place? 4Will the teacher be surprised not to progress? 5Could this decision be explained and evidenced if challenged (either by teacher or Ofsted)? 6Have applications for UPR been assessed according to the criteria in your policy? 7Are there trends in those who progress and don’t? 8Have teachers been assessed at an appropriate level? 9Is your policy fit for purpose or in need of review?

15. What Governors need Knowledge of pay and appraisal policies To understand the school priorities and performance Outcomes of the appraisal process and pay recommendations for each teacher (anonymised) Outcome of the moderation exercise by Head/SLT confirming consistent approach Where no progression is recommended what action is proposed to support and challenge the teacher

16. Moderation Correlation Tool

17. Decisions & Appeals

18. Appeals process – initial considerations Encourage informal resolution at stage 1 –In line with ACAS –Allows for a review of appraisal or pay decision –If not resolved informally employee should then appeal formally in writing

19. What are the grounds for appeal? –Failure to have proper regard for statutory or contractual guidance –Procedural flaws in the implementation of the pay policy –Failed to take proper account of relevant evidence –Took account of irrelevant or inaccurate evidence –Unlawfully discriminated against an employee

20. Practical hearing arrangements School will: Gather and distribute documentation in advance –School’s case, appraisal documentation, pay recommendation and basis for decision –Employee’s grounds for appeal and supporting evidence –Supporting policies, Teachers’ Standards, expectations Hold hearing as soon as possible after appeal received – hold possible dates in advance? Ensure no interruptions Room for adjournments

21. Who should be present? Presenting officer for school’s case Employee and representative Witnesses may be called by either party Appeals committee –Panel of three governors –Knowledgeable governors – PRP policy and practice –Nominate a chair of the panel Note taker

22. Order of events 1.Chair of the panel explains the purpose and process 2.Employee invited to present their appeal 3.Presenting officer and panel ask any questions 4.Any witnesses called by employee 5.Presenting officer presents their case 6.Employee and panel ask any questions 7.Any witnesses called by presenting officer 8.Adjournment for panel to consider the appeal and evidence 9.Reconvene and chair announces the decision

23. Decision and looking forward Assess criteria in policies against the evidence Consider whether the evidence demonstrates that the criteria have been correctly applied Outcome should be confirmed in writing – comply with timescales in policy No further right of appeal within school Review policies in light of experience

24. Practical tips for hearings Come prepared knowing what questions you want answered It is your meeting, chair with authority Adjourn at your discretion Take notes of your decisions, and keep them.

25. www.education-advisors.com

26. talk to us… Heather Mitchell| 0115 976 6553| heather.mitchell@brownejacobson.com Please note The information contained in these notes is based on the position at June 2014. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2014. Browne Jacobson LLP is a limited liability partnership.

27. For more resources and support in your role, visit www.optimus-education.com www.optimus-education.com