Formal Capability Meeting. Capability policy. Aim of the Academy. To provide unique and enriching opportunities for all. This policy is linked with:

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1 Capability policy Aim of the Academy To provide unique and enriching opportunities for all. This policy is linked with: Equality Policy Performance Management Policy Pay Policy Grievance Policy Staff Discipline Policy Principles Academy processes will ensure that an informal process of support will have been in place before this policy applies. Documentary evidence of such support will be available before the capability process can begin. This procedure applies to members of staff about whose performance there are serious concerns that the performance management process has been unable to address. ACAS Code of Practice on disciplinary and grievance procedures Purposes This policy sets out the framework for a clear and consistent process for those members of staff whose performance is deemed to fall short of the National Teachers Standards, Teachers Career Expectations, Professional Conduct and/or their job description. Guidelines The Governing Body is committed to ensuring consistency of treatment and fairness in the operation of these Capability Procedures. Procedure At least five working days notice will be given of the formal capability meeting. The notification will contain sufficient information about the concerns about performance and their possible consequences to enable the staff member to prepare to answer the case at a formal capability meeting. It will also contain copies of any written evidence; the details of the time and place of the meeting; and will advise the staff member of their right to be accompanied by a companion who may be a colleague, a trade union official, or a trade union representative who has been certified by their union as being competent. Formal Capability Meeting This meeting is intended to confirm and establish a way forward. It will be conducted by the Chair of

2 Governors (for Principal capability meetings) or Principal (for other staff members ). The meeting allows the staff member, accompanied by a companion if they wish, to respond to concerns about their performance and to make any relevant representations. This may provide new information or a different context to the information/evidence already collected. The person conducting the meeting may conclude that there are insufficient grounds for pursuing the capability issue and that it would be more appropriate to continue to address the remaining concerns through the performance management process. In such cases, the capability procedure will come to an end. The person conducting the meeting may also adjourn the meeting (for example if they decide that further investigation is needed, or that more time is needed in which to consider any additional information). In other cases, the meeting will continue. During the meeting, or any other meeting which could lead to a formal warning being issued, the person conducting the meeting will: identify the professional shortcomings,( for example elements of the documents listed below) see appendices a) teachers standards b)teachers career expectations document c) professional conduct (see teacher document attached) d)person specification and/or job description give clear guidance on the improved standard of performance needed to ensure that the staff member can be removed from formal capability procedures (this may include the setting of new objectives focused on the specific weaknesses that need to be addressed, any success criteria that might be appropriate and the evidence that will be used to assess whether or not the necessary improvement has been made); explain any further support that will be available to help the staff member improve their performance; set out the timetable for improvement and explain how performance will be monitored and reviewed. The timetable will depend on the circumstances of the individual case but in straightforward cases could be 4 to a maximum of 8 weeks warn the staff member formally that failure to improve within the set period could lead to dismissal. In very serious cases, e.g health and safety concerns, this warning could be a final written warning. Notes will be taken of formal meetings and a copy sent to the member of staff. Where a warning is issued, the staff member will be informed in writing of the matters covered in the bullet points above and given information about the timing and handling of the review stage and the procedure and time limits for appealing against the warning. Monitoring and Review Period following a Formal Capability Meeting A performance monitoring and review period will follow the formal capability meeting. Formal monitoring, evaluation, guidance and support will continue during this period. The member of staff will be invited to a formal review meeting, unless they were issued with a final written warning. Formal Review Meeting As with formal capability meetings, at least five working days notice will be given and the notification will give details of the time and place of the meeting and will advise the staff member of their right to be accompanied by a companion who may be a colleague, a trade union official, or a trade union representative who has been certified by their union as being competent. If the person conducting the meeting is satisfied that the staff member has made sufficient improvement, the capability procedure will cease and the performance management process will re-start. In other cases: 2

3 If some progress has been made and there is confidence that more is likely, it may be appropriate to extend the monitoring and review period. In which case another meeting is arranged. If no, or insufficient improvement has been made during the monitoring and review period, the staff member will receive a final written warning. As before, notes will be taken of formal meetings and a copy sent to the member of staff. The final written warning will mirror any previous warnings that have been issued. Where a final warning is issued, the member of staff will be informed in writing that failure to achieve an acceptable standard of performance (within the set timescale), may result in dismissal. They will also be given information regarding the handling of the further monitoring and review period and the procedure and time limits for appealing against the final warning. Decision Meeting As with formal capability meetings and formal review meetings, at least five working days notice will be given and the notification will give details of the time and place of the meeting and will advise the staff member of their right to be accompanied by a companion who may be a colleague, a trade union official, or a trade union representative who has been certified by their union as being competent. If an acceptable standard of performance has been achieved during the further monitoring and review period, the capability procedure will end and the appraisal process will re-start. If performance remains unsatisfactory, a decision, or recommendation to the Governing Body, will be made that the staff member should be dismissed or required to cease working at the school. The staff member will be informed as soon as possible of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of notice and their right of appeal. Decision to Dismiss The power to dismiss staff at The Langley Academy rests with the Principal/Governing Body. Dismissal Once the decision to dismiss has been taken, the Principal/Governing Body will dismiss the staff member with notice. Appeal If a staff member feels that a decision to dismiss them, or other action taken against them, is wrong or unjust, they may appeal in writing against the decision within five days,, setting out at the same time the grounds for appeal. Appeals will be heard without unreasonable delay and, where possible, at an agreed time and place. The same arrangements for notification and right to be accompanied by a companion will apply as with formal capability and review meetings and, as with other formal meetings, notes will be taken and a copy sent to the staff member. The staff member will be informed in writing. The appeal will be dealt with impartially, and wherever possible, by managers or governors who have not previously been involved in the case. The staff member will be informed in writing of the results of the appeal hearing as soon as possible. Confidentiality 3

4 The performance management and capability processes will be treated with confidentiality. However, the desire for confidentiality does not override the need for the Principal and Governing Body to quality-assure the operation and effectiveness of the performance management system. The Langley Academy will ensure that objectives are quality assured by a member of the directorate on a yearly basis. Consistency of Treatment and Fairness The Governing Body is committed to ensuring consistency of treatment and fairness. It will abide by all relevant equality legislation, including the duty to make reasonable adjustments for disabled staff member. The governing body is aware of the guidance on the Equality Act issued by the Department for Education. Delegation Normal rules apply in respect of the delegation of functions by Governing Bodies and Principals. Grievances Where a member of staff raises a grievance during the capability procedure the capability procedure may be temporarily suspended in order to deal with the grievance. Where the grievance and capability cases are related it may be appropriate to deal with both issues concurrently. Sickness If long term sickness absence appears to have been triggered by the commencement of monitoring or a formal capability procedure, the case will be dealt with in accordance with the Academy s Absence pplicy and will be referred immediately to the occupational health service to assess the member of staff s health and fitness for continued employment and the appropriateness or otherwise of continuing with monitoring or formal procedures. In some cases, it may be appropriate for monitoring and/or formal procedures to continue during a period of sickness absence. Monitoring and Evaluation The Governing Body and Principal will monitor the operation and effectiveness of the Academy s performance management arrangements. Retention of Records The Governing Body and Principal will ensure that all written performance management records are retained in a secure place for six years and then destroyed. 4

5 The Langley Academy TEACHERS STANDARDS SELF AUDIT STAGE 2 TEACHER: CURRENT PAY POINT: LINE MANAGER: DATE: Preamble + - Teachers make the education of their their first concern, and are accountable for achieving the highest possible standards in work and conduct. Teachers act with honesty and integrity; have strong subject knowledge; keep their knowledge and skills as teachers up-to-date and are self-critical; forge positive professional relationships; and work with parents in the best interests of their Standard + - Key Professional Development Priorities 1.1 Set high expectations which inspire, motivate and challenge 1. Establish a safe and stimulating environment for, rooted in mutual respect 2. Set goals that stretch and challenge of all backgrounds, abilities and dispositions 3. Demonstrate consistently the positive attitudes, values and behaviour which are expected of 1.2 Promote good progress and outcomes by 1. Be accountable for attainment, progress and outcomes 2. Plan teaching to build on capabilities and prior knowledge 3. Guide to reflect on the progress they have made and their emerging needs 4. Demonstrate knowledge and understanding of how learn and how this impacts on teaching 5. Encourage to take a responsible and conscientious attitude to their own work and study 1.3 Demonstrate good subject and curriculum knowledge 1. Have a secure knowledge of the relevant subject(s) and curriculum areas, foster and maintain 5

6 interest in the subject and address misunderstandings 2. Demonstrate a critical understanding of developments in the subject and curriculum areas, and promote the value of scholarship 3. Demonstrate an understanding of and take responsibility for promoting high standards of literacy, articulacy and the correct use of standard English, whatever the teacher s specialist subject 4. If teaching early reading, demonstrate a clear understanding of systematic synthetic phonics 5. If teaching early mathematics, demonstrate a clear understanding of appropriate teaching strategies 1.4 Plan and teach well structured lessons 1. Impart knowledge and develop understanding through effective use of lesson time 2. Promote a love of learning and children s intellectual curiosity 3. Set homework and plan out-of-class activities to consolidate and extend the knowledge and understanding have acquired 4. Reflect systematically on the effectiveness of lessons and approaches to teaching 5. Contribute to the design and provision of an engaging curriculum within the relevant subject area(s) 1.5 Adapt teaching to respond to the strengths and needs of all 1. Know when and how to differentiate appropriately, using approaches which enable to be taught effectively 2. Have a secure understanding of how a range of factors can inhibit ability to learn and how best to overcome these 3. Demonstrate an awareness of the physical, social and intellectual development of children, and know how to adapt teaching to support education at different stages of development 4. Have a clear understanding of the needs of all, including those with special educational needs; those with high ability; those with English as an additional language; those with disabilities; and be able to use and evaluate distinctive teaching approaches to engage and support them 1.6 Make accurate and productive use of assessment 1. Know and understand how to assess the relevant subject and curriculum areas, including 6

7 statutory assessment requirements 2. Make use of formative and summative assessment to secure progress 3. Use relevant data to monitor progress, set targets, and plan subsequent lessons 4. Give regular feedback, both orally and through accurate marking, and encourage to respond to the feedback 1.7 Manage behaviour effectively to ensure a good and safe learning environment 1. Have clear rules and routines for behaviour in classrooms, and take responsibility for promoting good and courteous behaviour both in classrooms and around the school, in accordance with the school s behaviour policy 2. Have high expectations of behaviour, and establish a framework for discipline with a range of strategies, using praise, sanctions and rewards consistently and fairly 3. Manage classes effectively, using approaches which are appropriate to needs in order to involve and motivate them 4. Maintain good relationships with, exercise appropriate authority and act decisively where necessary 1.8 Fulfill wider professional responsibilities 1. Make a positive contribution to the wider life and ethos of the school 2. Develop effective professional relationships with colleagues, knowing how and when to draw on advice and specialist support 3. Deploy support staff effectively 4. Take responsibility for improving teaching through appropriate professional development, responding to advice and feedback from colleagues 5. Communicate effectively with parents with regard to achievements and well-being Part 2 Personal and Professional Conduct The following statements define the behaviour and attitudes which set the required standard for conduct throughout a teacher s career 2.1 Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school, by: 1. Treating with dignity, building relationships rooted in mutual respect, and at all times observing proper boundaries appropriate to a teacher s professional position 7

8 2. Having regard to the need to safeguard well-being, in accordance with statutory provisions 3. Showing tolerance of and respect for the rights of others 4. Not undermining fundamental British values, including democracy, the rule of law, individual liberty and mutual respect, and tolerance of those with different faiths and beliefs 5. Ensuring that personal beliefs are not expressed in ways which exploit vulnerability or might lead them to break the law 2.2 Teachers must have a proper and professional regard for the ethos, policies and practice of the school in which they teach, and maintain high standards in their own attendance and punctuality 2.3 Teachers must have an understand of, and always act within, the statutory frameworks which set out their professional duties and responsibilities + Performance in line with expectations - Performance may be below expectations 8

9 STAGE 2 The Langley Academy Career related Expectations for Secondary teachers Introduction These career related expectations have been agreed by all the members of the Slough Association of Secondary Headteachers during their annual conference in June They must be used in conjunction with the DfE s publication Teachers Standards May 2012 on which they are based. They arise from the extensive discussion and collaboration of the Headteachers following research into best practice of other groups of schools and Local Authorities. The overarching aim of the expectations is to support the professional development of teachers throughout their careers. The focus is on progression, thus a teacher who has been in the profession for a number of years, and is paid more as a result, is expected to perform at a higher standard than those at the beginning of teaching. The craft of teaching could be said to be emerging during the early years, developing by the time a teacher is on M4 and embedded by M6. Teachers on UPS are increasingly outstanding practitioners. 9

10 These expectations will be used during performance management to inform planning and review. They are to be used holistically to make a professional judgement about how an individual teacher is performing. For example, if a teacher meets the broad expectations for M5 but is maybe borderline M4/M5 for one s/he may still progress to M5 but this would need to be reflected in the objectives for that year. However, the Professional Conduct expectation is non-negotiable. All evidence should be considered during the performance review. Name Current Pay Point Line Manager Date Below are the minimum career expectations. Professional Area Relevant Standards M1/M2 LAT1/2 M3/M4 LAT3/4 M5/M6 LAT5/6 UPS 1 LAT 7 UPS2 LAT 8 UPS LAT PROFESSIONAL PRACTICE 1.1(1);1.2(2,3,5) 1.3 (1,3) 1.4(1,2,3) 1.5 all 1.6(1) 1.7 (1,2,3) 1.8 (3) 2,1 (2,4) M1: All teaching at least satisfactory; M2: majority of teaching good or better Teaching typically good or better All teaching at least good; some teaching outstanding All teaching at least good with significant outstanding All teaching at least good with majority outstanding Teaching is typically outstanding Preamble PROFESSIONAL OUTCOMES 1.1(2) 1.2 (1,2,3) Most achieve in line Almost all Almost all Almost all Almost all Almost all 10

11 1.5(1) 1.6 (3,4) Preamble with school expectations achieve in line with school expectations achieve in line with school expectations; some exceed them achieve in line with school expectations; many exceed them achieve in line with school expectations; significant number exceed them achieve in line with school expectations; almost all exceed them PROFESSIONAL RELATIONSHIPS 1.1(1) 1.6 (4) 1.7(4) 1.8(2,3,5) 2.1 (1,3,4) Preamble Positive working relationships with, colleagues and parents These relationships are securely focused on improving provision for Professional relationships with, colleagues and staff lead to excellent class provision Plays a proactive role in whole school improvement to improve provision and outcomes Plays an increasingly proactive role in whole school improvement to improve provision and outcomes Plays an increasingly proactive role in whole school improvement to improve provision and outcomes + Performance may exceed career stage expectations Performance may be below career stage expectations 11

12 Professional Area Relevant Standards M1/2 LAT1/2 M3/4 LAT3/4 M5/6 LAT5/6 UPS 1 LAT6 UPS2 LAT7 UPS3 LAT8 + - PROFESSIONAL DEVELOPMENT 1.2(4,5) 1.3(1,2,4,5) 1.4(5) 1.5(2,3,4) 1.6(1) 1.8(4) 2.1(2) 2.3 Preamble Able, with support, to identify key professional development needs and respond positively to advice and feedback Takes a proactive role in accessing relevant support and professional development from colleagues Fully competent practitioner able to keep up-to-date with changes and adapt practice accordingly Plays proactive role in leading the professional development of colleagues within their department or pastoral role Plays an increasingly proactive role in leading the professional development of colleagues within their department or pastoral role Plays proactive role in leading the professional development of colleagues across the school PROFESSIONAL CONDUCT 1.1(3) 1.7(1) 1.8(1) 2.1(all) Meets all standards Meets all standards Meets all standards Meets all standards Meets all standards Meets all standards Preamble 12

13 General timelines:june/july: Leadership diagnostic completed by all staff with a responsibility General evidence base: Professional Development Week, including one lesson observation for all teachers September: INSET PM hour self reflection on National Standards audits, performance in previous year in meeting objectives and possible new objectives Professional Development fortnight, including one lesson observation for all teachers September/October: All line managers complete National Standards audit on their staff to clarify performance and possible new objectives 1. Formal and informal lesson observations 2. Results (Typicality) 3. Portfolio of work related to whole school role 4. Views of colleagues, and parents 5. Day to day feedback October 31: All pay recommendations and PM objectives to Principal. November 1: Principal/Vice Principals planning day to assess pay recommendations and objectives. November: Pay Committee receives Principal s pay proposals. January: Principal meeting with groups of staff eg MPS 1/2, 3/4, 5/6, UPS 1, 2, 3 It is good practice to keep a portfolio of work to demonstrate a commitment to improving professional standards Review Date: November 2013 Ratified Date: 25 th November 2013 Date of next review: November