Part B – Capability Procedure This procedure applies only to teachers and headteachers there is serious underperformance which the appraisal process has been unable to address.At least five (or insert alternative) 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 teacher 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 teacher 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. Teachers are entitled to request an alternative date which is within five days of the original date. Formal capability meeting This meeting is intended to establish the It will be conducted by the Chair of Governors (for headteacher capability meetings) or headteacher (for other teachers) (schools to insert any alternative arrangements). The meeting allows the teacher, 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 appraisal 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 which of the standards expected of teachers are not being met; give clear guidance on the improved standard of performance needed to ensure that the teacher 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 support that will be available to help the teacher improve their performance;
General Principles Underlying This policy ACAS Code of Practice on Disciplinary and Grievance Procedures Part B of the policy will be implemented in accordance with the provisions of the ACAS Code of Practice. Confidentiality The appraisal and capability processes will be treated with confidentiality. However, the desire for confidentiality does not override the need for the headteacher and governance board to quality-assure the operation and effectiveness of the appraisal system. Schools to say here how they might achieve this, for example, the headteacher or appropriate colleague might review all teachers’ objectives and written appraisal records personally, in order to check consistency of approach and expectation between different appraisers. The headteacher might also wish to be aware of any pay recommendations that have been made. Consistency of Treatment and Fairness The governance board 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 teachers. The governance board is aware of the guidance on the Equality Act issued by the Department for Education. Definitions Unless indicated otherwise, all references to “teacher” include the headteacher. Delegation Normal rules apply in respect of the delegation of functions by governance boards, headteachers and local authorities. 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 performance at any stage of the procedure or a formal capability procedure,