1. Performance management IN SchOOLS
Glenn Hayes, Partner

2. Outline How to get the best out of your staff How to engage staff
How to identify symptoms of poor performance
Factors which lead to poor performance
How to manage poor performance effectively
How to mitigate the risks of unfair dismissal and discrimination claims or grievances arising from performance management

3. Why is performance management a big issue?
“Those headteachers with a successful track record of leading schools from being judged ‘satisfactory’ to becoming good or better …..are absolutely clear that improving teaching and learning is at the heart of what needs to be done, they communicate their high expectations of staff and pupils effectively, and they lead by example, modelling the behaviour they want from their staff”.
Ofsted report, September 2012 ‘Getting to Good – how headteachers achieve success’.

4. Why is performance management a big issue?
Performance related pay introduced effective September 2014
Change of culture in the way that teachers pay will now directly relate to performance. Consistent with Ofsted expectations that schools expect high quality teaching and consistent improvement for reward
Ofsted monitor and evaluate the quality of school performance management procedures
Governing bodies are expected by Ofsted to be strategically involved in effectiveness and application of performance management policy

5. The basics
Implied right in contracts that all employees will perform their role to a minimum standard
An employer has the right to expect adequate level of performance
An employer has the right to appropriately manage inadequate performance
This can be a fair reason for dismissal subject to appropriate procedures having been met and sufficient grounds for the view that there is underperformance

6. How to get the best out of your staff
Engaged employees:
Have increased commitment to their job and the place of work
Demonstrate higher levels of innovation in how they achieve their goals and fulfil their role
Have lower rates of sickness or absenteeism
Are less likely to leave their place of work for another role
Behave in a way that supports the schools’ values
Has a positive impact on stakeholders in school, including pupils and parents

7. How to engage staff
Good communication
Implement good policies and procedures
Regular feedback that is focussed on individual achievement and support to achieve goals
Encourage involvement
Ask employees for initiatives to help improve performance - keep them engaged
Understanding individual aspirations and set objectives to enable them to work towards them
Involve teachers in certain decisions e.g. formats for reporting

8. How to engage staff
Provide supportive and stimulating work environment
Provide a working environment which is challenging but rewarding.
Provide reasonable support to enable staff to do the job (resources, for example)
Provide training and continuous professional development
Allow for feedback
Employee representative groups
Regular feedback that is focussed on individual achievement and support to achieve goals
Recognise and reward a good job
Consider use of wellbeing surveys

9. Performance management
3 steps
Communicate the expectation of good performance
Identify any performance concern(s)
Address the performance concern(s)

10. Communicate performance requirements
Goal: Everyone is clear about their responsibilities and know that effective support is available to help them meet objectives
The outcomes of general performance management are linked to progress up the pay scales so everyone knows that movement up the scales is based on outcomes and performance
No one size fits all for performance management structure – the staffing structure and organisation of a school and its principal objectives under the school improvement plan will determine what is the appropriate means for performance management and monitoring

11. What an effective performance management system looks like
Encourages teachers to enhanced quality of teaching
Is enabling and supportive rather than draconian
Encourages personal development and sharing good practice with colleagues
Coordinates individual teacher objectives with school goals
Does not impose excessive or unmanageable workloads in the objectives given
Provides clarity over how performance will be monitored and assessed (frequency and purpose)
Provides clarity over how monitoring feedback will be given (when and how)
Provides clarity over expectations for objectives being met and how teachers should evidence this

12. Performance policies
Focus should be on the overriding objective to improve quality of teaching generally rather than spotlighting individual teachers
Key elements to performance management:
a) monitoring/assessment of teacher performance
b) performance management through appraisal
c) More formal systems and procedure for managing under performance beyond annual appraisal
Links to appraisal cycle as well as provision for regular and informal feedback

13. Step 2 – Identify the performance issue
Symptoms of poor performance
Not managing existing workload
Not achieving objectives set
Under achievement of pupils and/or lack of improvement in a reasonable period
Lack of engagement with and commitment to school objectives
Lack of pupil discipline
Errors and overlooking matters

14. Causes of poor performance
At school level:
Headteacher inherits systems which are not fit for purpose and problems that have not been previously managed
Performance management systems lack impact
Systems do not drive up the quality of teaching or hold staff to account for teaching and leadership
Unreasonable expectations for progress or unreasonable timescales
Lack of communication

15. Causes of poor performance
At an individual level:
Poor attitude
Excessive workloads
Tensions with work colleagues
Challenging pupils
Lack of support by management
Lack of resource
Lack of understanding of Ofsted or curriculum requirements
Lack of understanding or appreciation for expectations of senior leadership team

16. Step 3 Addressing the performance issue
First, seek to address issues informally.
Hold performance review meetings – formal or informal
Consider what information is required to have to explain and demonstrate your concerns. Give specific examples

17. Holding a performance review meeting
Explain the issue and allow employee the opportunity to respond
Identify how weaknesses/issues may be overcome
Discuss what support may be required
Consider whether employees need training/coaching to improve to the required level
Agree the review period – during which performance will be assessed more closely and in which improvement will be expected to be evidenced
Agree expectations of improvement within the review period

18. Holding a performance review meeting
Clarify monitoring process and arrangements for discussing after monitoring has taken place
Set targets that are reasonable in expectation and timeframe
Consider how the objectives will be assessed (SMART objectives and what evidence would you expect to see)
Schedule further review meetings
Communicate next steps if unsatisfactory improvement
Right to be accompanied to formal meetings (where warnings could be outcome)

19. Dismissal for performance reasons
Implement formal performance management policy when matters persist.
Formal capability warnings – verbal, written and final written.
Dismissal should be considered only after following series of warnings
A fair dismissal for poor performance requires there being evidence of underperformance and a fair procedure to address it being implemented
Consider mitigating factors and alternatives to dismissal

20. Problem areas
It can adversely affect the relationship between headteachers and those being monitored.
Intrusive procedures can undermine teacher confidence and morale.
Additional workloads and administration for those managing the issue.
Can lead to grievances and absence issues

21. Problem areas - grievances
Sometimes the grievance needs to be investigated before the performance management can progress but not always. Is the grievance linked?
Possible outcomes:
Clarification of issues and agreement for a way forward
Measures to restore broken relationships
Resignations (to avoid performance management)
Absence/bullying and discrimination complaints

22. Problem areas - absence
Take periods of absence into account when reviewing employee performance and target setting
Unsatisfactory high level of absence may be a separate factor to manage but not itself indicator of poor performance in duties whilst at work. Consider the separate sickness absence policy
If absence is a consequence of stress relating to the management of performance, it may aid the return to work if the return to work plans and discussions include agreement as to support and/or objectives for the return to work
Use occupational health for advice on specific cause of absence and whether discussions, during absence, for an agreed return to work plan (which addresses performance issues) may assist

23. Mitigating performance issues
Have robust recruitment and induction systems – get it right and ensure new staff understand school’s culture and priorities
Have different programmes of professional development for teachers’ according to their own needs e.g. devise action plans on a 1:1 basis to balance a personalised support package with monitoring of their work
Share best practice
Use more effective teachers for peer or team teaching (this may link up to objectives of other staff)
Provide regular opportunities to for teacher’s self-reflection, for example by inviting other teachers into their classroom to observe as critical friends (not part of formal monitoring)

24. Mitigating performance issues
Consider means to reduce workloads and support each other
Train senior leadership so that they understand the performance requirement and lead by example
Where issues of performance arise, deal promptly and informally before issuing formal warnings
Where stress related absence follows – manage the absence as the longer they are off, the less likely a successful return under capability. Use occupational health and work towards a supported return to work plan
Where grievances are raised, deal with them under your procedures promptly and consider whether need to postpone performance management in meantime.
Consider use of settlement agreements in appropriate cases