Managing teacher capability to improve

impact

Vicky Berry - HR Consultant

HR and employment conference for

school leaders 2015

#BJHR15

What are the requirements?

• School Teachers’ Pay and Conditions

Document

• Performance Management and Appraisal

Regulations

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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.

Pay

Appraisal

Capability

Appraisal

What you will need to consider

• structure

• timing

• training

• resources

• quality assurance

• records.

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.

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.

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.

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…

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.

Underperformance

Impact of underperformance

• in your experience what is the impact on your

school of teacher underperformance?

• what is the impact on the teacher?

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.

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

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?

Discussion

• what are the main barriers in managing teacher

performance?

• how have you tackled these?

Capability

What does it mean?

• capability = skills, ability and knowledge

• be clear that issues are related to capability

and not conduct.

Capability process - what is it? why do it?

• management tool

• measures performance of individuals

• supports development

• recognises success

• addresses underperformance.

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

school gives support

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teacher

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improvement

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dismissal

Hands up

Of those of you who have managed a capability

case what was the outcome?

1. improvement

2. resignation

3. dismissal

underperforming

Teacher

with TLR

school gives support

potential

outcomes

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with TLR

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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.

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.

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.

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?

Be prepared

• lessons observed – spread across ability ranges

• specific student management

• choice of assessor

• availability of resources / support

• subject specific input?

underperforming

Teacher

with TLR

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potential

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with TLR

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return to main

pay range?

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leader

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relinquish role? restructure?

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.

Potential issues that may arise

• grievance

• sickness

• need to make adjustments

• lack of co-operation in process.

How do you deal with these?

Dismissal

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?

Capability

Conduct

Redundancy Statutory restriction

Some other substantial

reason

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)

www.education-advisors.com

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.