1. A LEADING LAW FIRM WITH A ISTINCTIVE APPROACH Performance Management James Wilders and Laura Daniels

2. Performance management New performance management framework for schools Model appraisal and capability policy General principles and the Acas Code of Practice

3. 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

4. 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

5. 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

6. Any exclusions? Employed for less than one term Teachers undergoing induction period Teachers going through capability procedure Academies, Free Schools and other Independent Schools

7. 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

8. 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 policy (2)

9. 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

10. 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

11. 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)

12. 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

13. 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) Model Capability Procedure (5)

14. 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

15. General Principles Unfair dismissal – 1 or 2 years’ service – Potentially fair reason? Capability – Reasonable to dismiss? Fair procedure? – The band of reasonable responses

16. 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.

17. General Principles (3) Acas Code of Practice – Not a legal requirement, but… – Tribunals obliged to consider – Increase of up to 25% in compensation awarded

18. 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 Next Steps

19. James Wilders Partner james.wilders@dickinson-dees.com 0191 279 9240 Laura Daniels Associate laura.daniels@dickinson-dees.com 0191 279 9867 Contacts