webinar: how to handle prp appeals -------------------------------------- presented by heather...
TRANSCRIPT
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Webinar:How to handle PRP
appeals
--------------------------------------Presented by Heather
Mitchell, employment lawyer at
Browne Jacobson
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How to handle PRP appeals
Heather Mitchell
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Purpose of today
Equip you to:
•understand the context of PRP
•make robust pay decision
•demonstrate effective L&M to Ofsted
•have confidence in holding pay appeals
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Where are we now?…
• New guidance on PRP released April 2013
• New teachers’ terms issued in STPCD 2013 from September 2013 (PRP) and 2014 more changes
• Pay policy in place and agreed by governing body
• Ofsted are looking at it (Leadership and Management)
• Union unrest resulting in work to rule and strikes
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Performance management and PRP in your school
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Claimant completes an Early Conciliation formACAS contacts the ClaimantACAS contacts employer. Trying to seek settlement
within 1 monthACAS issues Early Conciliation Certificate
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PRP and Ofsted
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What are Ofsted looking for ?
Two Documents
• Ofsted School Inspection Handbook (January 2014)
• Ofsted’s Subsidiary Guidance on Inspection (January 2014)
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Ofsted School Inspection Handbook
The effectiveness of procedures for monitoring the quality of teaching and learning and the extent to which under performance is tackled.
A strong link between performance management and appraisal and salary progression.
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Ofsted’s subsidiary guidance on inspection
…should include information about patterns of progression through different salary scale points, and comparisons between subject departments and / or teachers deployed in different key stages
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What will Ofsted do with this information?
Compare findings with their judgement on the overall quality of teaching and learning.
If there is POOR CORRELATION between the two, likely to become a focus for further investigation
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Making pay recommendations
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Role of Governors
• Approve final decisions on pay recommendations made by Head teacher
• Provide a challenge to pay decisions – shouldn’t just be waved through
• Quality assurance – be clear about facts, are decisions consistent, can they be objectively justified?
• Monitor outcomes and trends of pay decisions – scrutinise progression rates versus performance
• Clarity of link with standards
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Considerations
1 What evidence has the appraiser considered?2 Is it appropriate?3 What moderation has taken place?4 Will the teacher be surprised not to progress?5 Could this decision be explained and evidenced if
challenged (either by teacher or Ofsted)?6 Have applications for UPR been assessed
according to the criteria in your policy?7 Are there trends in those who progress and don’t?8 Have teachers been assessed at an appropriate
level?9 Is your policy fit for purpose or in need of review?
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What Governors need
• Knowledge of pay and appraisal policies• To understand the school priorities and performance• Outcomes of the appraisal process and pay
recommendations for each teacher (anonymised)• Outcome of the moderation exercise by Head/SLT
confirming consistent approach• Where no progression is recommended what action
is proposed to support and challenge the teacher
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Moderation Correlation Tool
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Decisions & Appeals
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Appeals process – initial considerationsEncourage informal resolution at stage 1
– In line with ACAS– Allows for a review of appraisal or pay
decision – If not resolved informally employee
should then appeal formally in writing
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What are the grounds for appeal?
– Failure to have proper regard for statutory or contractual guidance
– Procedural flaws in the implementation of the pay policy
– Failed to take proper account of relevant evidence
– Took account of irrelevant or inaccurate evidence
– Unlawfully discriminated against an employee
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Practical hearing arrangements
School will:•Gather and distribute documentation in advance
– School’s case, appraisal documentation, pay recommendation and basis for decision
– Employee’s grounds for appeal and supporting evidence– Supporting policies, Teachers’ Standards, expectations
•Hold hearing as soon as possible after appeal received – hold possible dates in advance?•Ensure no interruptions•Room for adjournments
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Who should be present?
• Presenting officer for school’s case
• Employee and representative
• Witnesses may be called by either party
• Appeals committee– Panel of three governors– Knowledgeable governors – PRP policy and practice – Nominate a chair of the panel
• Note taker
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Order of events
1. Chair of the panel explains the purpose and process2. Employee invited to present their appeal3. Presenting officer and panel ask any questions4. Any witnesses called by employee5. Presenting officer presents their case6. Employee and panel ask any questions7. Any witnesses called by presenting officer8. Adjournment for panel to consider the appeal and evidence9. Reconvene and chair announces the decision
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Decision and looking forward
• Assess criteria in policies against the evidence
• Consider whether the evidence demonstrates that the criteria have been correctly applied
• Outcome should be confirmed in writing – comply with timescales in policy
• No further right of appeal within school
• Review policies in light of experience
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Practical tips for hearings
• Come prepared knowing what questions you want answered
• It is your meeting, chair with authority
• Adjourn at your discretion
• Take notes of your decisions, and keep them.
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www.education-advisors.com
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talk to us…
Heather Mitchell| 0115 976 6553|[email protected]
Please note
The information contained in these notes is based on the position at June 2014. 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 2014. Browne Jacobson LLP is a limited liability partnership.
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For more resources and support in your role, visit
www.optimus-education.com