Managing teacher capability - HR and employment law in education conference 2015, Vicky Berry
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Managing teacher capability to improve impact.
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Managing teacher capability - HR and employment law in education conference 2015, Vicky Berry
- 1. Managing teacher capability to improve impact Vicky Berry - HR Consultant HR and employment conference for school leaders 2015 #BJHR15
- 3. What are the requirements? • School Teachers’ Pay and Conditions Document • Performance Management and Appraisal Regulations “quote here quote here quote here quote here quote here quote here quote here quote here quote here
- 4. What you must have • appraisal arrangements for teachers must be set out in writing • policy covering all staff to deal with lack of capability • pay policy.
- 6. Appraisal
- 7. What you will need to consider • structure • timing • training • resources • quality assurance • records.
- 8. The purpose • review of teacher’s performance against standards and targets • discussions of strengths and areas for improvement • discussion of any problems and identifying solutions • discussion re targets for next cycle • training and development needs • discussion re future plans and ambitions.
- 9. Benefits for employees • feedback • understanding expectations • recognition • any problems recognised and addressed at an early stage • teacher can contribute to discussion re training needs • no surprises.
- 10. Benefits for the school • strengthens and improves relationships • improves performance in relevant area of the school • improves role design • problems can be highlighted and solutions found • understand teacher’s strengths and how best to utilise these • succession planning • improves communication • opportunity to communicate school’s vision and aims • any underperformance can be addressed at an early stage.
- 11. Impact of appraisal • effective appraisal will usually be sufficient to manage performance for the majority of your teachers • requires less time, resource, and fewer difficult conversations • promotes honest conversations, early intervention, improvements at an informal stage and positive relationships with teachers. sometimes it’s not enough…
- 12. When appraisal isn’t securing improvement • the appraiser will need to make a decision if there is not sufficient progress (at any point) • needs to be evidence of this • have reasonable support and opportunities to improve been given? • moving to a capability process shouldn’t be a surprise to the teacher if the appraiser has done their job properly.
- 13. Underperformance
- 14. Impact of underperformance • in your experience what is the impact on your school of teacher underperformance? • what is the impact on the teacher?
- 15. Understanding underperformance • impact on school/academy (and Ofsted) • occurs at all levels and levels of experience • happens for a variety of reasons • contractual obligations of employee. therefore should be tackled • use your policies • refer to job description and Teachers’ Standards.
- 16. Allow time and start early ‘My favorite things in life don't cost any money. It's really clear that the most precious resource we all have is time.’ Steve Jobs
- 17. What is the reason for the underperformance? • is it a temporary dip or a long term matter? • are there personal/health issues affecting performance? • are there unrealistic targets/work overload? • are there unrealistic expectations of the individual? • are they pushing themselves too hard which is having a negative effect? • or are they just not up to operating at the level that you require in your school?
- 18. Discussion • what are the main barriers in managing teacher performance? • how have you tackled these?
- 19. Capability
- 20. What does it mean? • capability = skills, ability and knowledge • be clear that issues are related to capability and not conduct.
- 21. Capability process - what is it? why do it? • management tool • measures performance of individuals • supports development • recognises success • addresses underperformance.
- 22. The capability process Appraisal Formal capability meeting * Review period Formal review meeting * Review period Decision Meeting* Dismiss Insufficient grounds Serious case = final warning * Decision can be appealed
- 24. Hands up Of those of you who have managed a capability case what was the outcome? 1. improvement 2. resignation 3. dismissal
- 25. underperforming Teacher with TLR school gives support potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming teacher potential outcomes potential outcomes potential outcomes resignation improvement potential outcomes dismissal
- 26. Securing improvement • using the appraisal process before capability • addressing issues as soon as they arise • clear expectations set • clear targets and objectives • success criteria • support mechanisms • training requirements • records kept and shared.
- 27. Concentrate your efforts • clearly identify areas for improvement • use examples where possible to help the teacher understand • show how this links to relevant standards, job descriptions and other stated expectations • what targets are needed for improvement • when these targets are met will the teacher be to the required standard? • what success will look like? Set this out for the teacher.
- 28. What does success look like? Nicky is a teacher who is not performing to the required standard. You have identified that the two key issues affecting her performance are: 1. behaviour management – students consistently demonstrate low level disruption in her lessons 2. differentiation – more able students are not challenged and their learning objectives are not appropriate for their ability. Describe what success would look like for Nicky in terms of improving her performance in these areas.
- 29. Concentrate your efforts • what support is required? • who will provide it? • how will you ensure they have the skills and capacity to do this? • what training is required? How will this be resourced? • are there any other influencing factors that you need to understand? • what impact will this have on their usual role?
- 30. Be prepared • lessons observed – spread across ability ranges • specific student management • choice of assessor • availability of resources / support • subject specific input?
- 31. underperforming Teacher with TLR school gives support potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming UPR teacher potential outcomes potential outcomes potential outcomes resignation improvement potential outcomes dismissal return to main pay range?
- 32. underperforming Teacher with TLR school gives support potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming teacher with TLR potential outcomes potential outcomes potential outcomes resignation improvement potential outcomes dismissal relinquish TLR? restructure?
- 33. underperforming Teacher with TLR school gives support potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR underperforming Teacher with TLR underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming Teacher with TLR potential outcomes underperforming leader potential outcomes potential outcomes potential outcomes resignation improvement potential outcomes dismissal relinquish role? restructure?
- 34. Performance management of leaders • career stage expectations apply • consider level and salary and match expectations • self assessment is reasonable expectation at this level • how will you assess their impact on departments, functions or key stages they manage? • lead by example – manage them as you want them to manage others. focus on assessment of: • individual responsibilities and objectives • contribution to strategic leadership and responsibility for decision making.
- 35. Potential issues that may arise • grievance • sickness • need to make adjustments • lack of co-operation in process. How do you deal with these?
- 36. Dismissal
- 37. Checklist 1. was it clear to the teacher what was required of them? 2. did you take steps to minimise the risk of underperformance? 3. was there a proper appraisal of the teacher and the problems identified? 4. did you allow a reasonable timeframe for improvement? 5. was training, supervision and encouragement provided? 6. did the teacher have a chance to improve?
- 39. What does a fair process look like? invite meeting decision appeal in writing right to be accompanied employee can present information make decision after listening confirm in writing give correct notice heard by a different person (people)
- 41. Talk to us… Vicky Berry | 0115 976 6285 vicky.berry@brownejacobson.com Please note The information contained in these notes is based on the position at October 2015. 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 2015. Browne Jacobson LLP is a limited liability partnership.