This is the second instalment from a two part article on managing performance. To read part one, please click here: Managing an underperforming teacher
For the past 5 weeks, the Teacher you’ve had performance concerns with has been on a Performance Improvement Plan. You’ve set clear targets linked to the Teachers’ Standards and have monitored progress providing regular feedback based on the evidence you’ve collated. Ongoing support has also been offered: you’ve enabled the individual to shadow another teacher so that they can see what good practice looks like; you’ve provided regular feedback from your classroom observations; and you’ve assigned a mentor to the individual.
Your one goal has been to help support the individual so that they are able to perform consistently at the level that is required.
However, despite these interventions and your best intentions, the teacher is showing no signs of improvement. Had there been some positive signs then it might have been appropriate to extend the duration of the informal Performance Improvement Plan to see whether this upward trend would continue.
One issue you should be prepared for is the individual going on sick leave. This can be for genuine reasons. From your regular feedback sessions, the teacher will know exactly how they are performing and will be aware of their progress or lack of. This process can be the cause of anxiety for the individual. You’ll want to be as supportive as you can during your regular meetings with the individual but the first you may know about a problem of this nature is when you receive a Fit Note from their GP stating they are suffering from ‘Work Related Stress’.
At this stage, the first thing to be aware of is that this is not unusual. Secondly, you should remind yourself that you have done nothing wrong: you’ve had clear evidence of underperformance and have implemented a supportive plan to address these concerns. Speaking to an individual about genuine performance concerns is an appropriate management response – it is not a form of bullying. This is why there has been such an emphasis on a need to collate evidence: so you are able to demonstrate why you have taken a particular course of action if questioned.
In this scenario, where the individual is signed off sick, it is recommended that you refer the individual, with their consent, to an Occupational Health specialist and invoke the school’s Absence Policy. In the referral you should make it clear that the individual is on a Performance Improvement Plan so that the specialist is fully aware of their current work situation.
It is not unusual to have the school’s Capability policy and Absence policy running alongside each other. However, to be clear, any Performance Improvement Plan is put on hold whilst the individual is off work sick because you can’t assess their performance if they are not at work. This may mean you have to extend the Performance Improvement Plan to compensate for any time the individual was absent.
Invoking the school’s Capability Policy
Once the individual returns to work and the Performance Improvement Plan has been completed, it’s time to consider whether you need to invoke the school’s Capability Policy.
In most school Capability Policies, the first step, if more formal action is required, is to invite the individual to attend a Formal Capability Meeting. In this case you would provide them with a summary of their performance to date, together with copies of the Performance Improvement Plan and any evidence collated during the course of the plan. You should allow them to submit any evidence prior to the meeting and for them to be accompanied at the meeting itself.
At the meeting, you should consider all the evidence presented and then make a decision to either:
- Continue with informal support
- Implement a Formal Review Period for typically 6-12 weeks. If there are very serious concerns you could fast track the process to just 4 weeks.
- Where the inadequacy of the employee’s performance is potentially so serious and is irredeemable within a reasonable period of time, the situation could be referred straight to a capability hearing. This is a very serious step and one that shouldn’t be taken without seeking specialist advice.
If you choose to implement a further formal review period, you can continue to monitor and support performance using an updated Performance Improvement Plan. You should make it clear that at the end of the review period, they will be invited to a further meeting to assess their progress and one outcome might be a referral to a Capability Hearing at which a determination will be made about their continued employment at the school.
As a Headteacher, there is a considerable investment in terms of time and effort to address performance issues and, as you can see, it won’t always be a smooth journey. However, as a leader, you will be aware of the need to take tough decisions. The consequences of doing nothing: other members of staff picking up the workload; decline in morale; and the potential impact on teaching and learning, more than justifies the decision to take action.
This has been a broad overview of the Capability process and naturally each case will vary based on its own set of circumstances.
Should you need support to address any of the issues raised in this article then please don’t hesitate to contact us on 0330 223 5253 or office@fitzgeraldhr.co.uk
