Employee Handbook



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Children and Young People’s Services

Probationary Periods for Support Staff Working in Schools

October 2009

CONTENTS

Description Pages

1. Purpose of Probation 3

2. Roles and Responsibilities 3

3. Scope 3

4. Day to Day Management 3

5. Links to other Procedures 3

6. Overview 3-4

7. Review Meetings 4-5

8. Addressing Poor Performance during Probation 5

9. Extending Probationary Employment 5

10. Dismissal 5-6

Annexes

A. Progress Review Form

B. Letter confirming the satisfactory completion of the probationary period

C. Letter extending an employee’s probationary period

Probationary Periods for Support Staff Working in Schools

1. Purpose of Probation

2. Roles and Responsibilities

1. This procedure seeks to enable headteachers and employees to:

• highlight areas where the employee is doing well so that strengths can be built on;

• identify areas for development and improvement so that appropriate support can be provided;

• provide a fair, consistent and structured means of dealing with employees who do not meet the required standards of performance in the early stages of employment;

• encourage feedback from an employee on any issues or concerns.

3. Scope

3.1 This procedure applies to all school support staff who are entering into local government employment for the first time. It does not apply to employees with continuous unbroken local government service moving between schools into broadly similar roles.

4. Day to day Management

4.1 This procedure compliments induction, ongoing supervision, day to day management of performance and the appraisal process.

5. Links to other Procedures

5.1 The application of a probationary period is confirmed to the employee in their appointment letter. The probationary procedure forms the initial part of managing employee performance within the early stages of employment. Any serious conduct issues that come to light during this time should be dealt with under the “Disciplinary Procedure – Staff in Schools (Other Than Headteachers)”.

5.2 Concerns relating to the work performance of staff who are no longer in or subject to a probationary period should be addressed through the Capability Procedure for Staff in Schools (Other Than Headteachers).

6. Overview

6.1 The probationary period consists of a structured programme of review meetings held over the course of the first six months in the post. The programme is aimed at assessing and reviewing the employee's performance, capability and suitability for the role. Shortly before the end of the first month of employment, the headteacher/line manager will hold an initial meeting with the employee to review their progress to date. This will be followed by further probationary review meetings prior to the completion of 2 months, 4 months and 6 months service. The programme will include:

• identification and discussion of any problem areas at the earliest possible time;

• recognition of meeting work standards and strengths;

• the provision of regular constructive feedback;

• supervisory support and guidance;

• the provision of any necessary training and coaching within reasonable parameters set by the headteacher/line manager;

• setting and reviewing performance objectives;

• any Health and Safety or Equality and Diversity issues.

7. Review Meetings

7.1 Progress meetings will be planned and scheduled at the outset of the employee's employment. It will be the headteacher’s/line manager’s responsibility to ensure that all probationary reviews are completed on time. At each meeting, headteachers/line managers should aim to:

• highlight areas where the employee is doing well;

• explain clearly and in precise terms any areas in which the employee is falling below the required levels of performance;

• explore the possible reasons for any failure to meet the required standards;

• discuss and agree whether or not any specific training or coaching is required;

• discuss any other relevant matters such as timekeeping, attendance, general conduct or attitude;

• discuss any equality issues including any on disability;

• invite the employee to comment on issues such as the extent to which he or she has integrated into the school and how well he or she is getting on with colleagues;

• give the employee an opportunity to ask questions or raise concerns about any aspect of his or her employment.

Each review meeting should be documented using the progress review form at Annex A and a copy placed on the employee’s school personal file.

First Review before end of second month

7.2 If following the first probationary review it is evident that the employee is not performing to the required standards of the post, the headteacher/line manager should, after considering what the member of staff has to say, outline the areas of concern. In doing so, the headteacher/line manager must clearly explain in what aspects the individual’s work performance is falling short, setting out his or her expectations of the level of performance required to bring the performance up to an acceptable standard. In conjunction with the employee, clear targets for improvement will be set and progress against these will be reviewed at the next review meeting. The individual will be helped to understand that a continued failure to achieve the required standards could ultimately lead to his or her employment being terminated.

Second Review before end of fourth month

7.3 If at the second review the employee has failed to meet the requirements of the agreed action plan and is still unable to meet the standards required of the post the headteacher/line manager will invite them to attend a formal meeting and after considering their response issue them with a formal warning. The warning letter must clearly state that failure to improve to the standards required may result in dismissal. The employee has the right to be accompanied by a colleague or Trade Union representative at the formal meeting.

Final Review before end of six months

7.4 At the final review meeting, if the headteacher/line manager feels that the employee has achieved the level of performance required they will confirm this with the employee, discuss ongoing support and training and set further objectives which will then be monitored through the annual performance appraisal process. A letter will be sent to the employee confirming the above (see Annex B)

8. Addressing Poor Performance during Probation

8.1 Where any concerns have arisen about the employee's performance, the headteacher/line manager will discuss these fully and openly with the employee and an action plan to remedy the poor performance will be drawn up. Where necessary, the headteacher/line manager will clearly explain the consequences of underperforming to the employee. The individual will be helped to understand that a continued failure to achieve the required standards could ultimately lead to his or her employment being terminated.

8.2 It may be evident at the final review meeting that the employee has failed to reach the required levels of performance. In these circumstances there are two courses of action available to the line manager and these are set out in paragraphs 9 and 10 below.

9. Extending the Probationary Period

9.1 In exceptional circumstances, for example where the appropriate training support has not been concluded and the headteacher/line manager has not had an appropriate length of time to monitor the employee’s performance or where an employee’s performance may have been affected by personal domestic factors or ill-health, it may be necessary to extend the probationary period. Headteachers/line managers who are considering such action should consult with Human Resources, Children and Young People’s Services before doing so.

9.2 Where an extension of probation is felt to be appropriate, a letter will be sent to the employee, setting out the areas of concern, inviting them to a meeting with the headteacher/line manager to discuss these concerns and notifying them of their right to be accompanied by a TU representative or colleague. If appropriate, after considering what the employee has to say, a letter will be sent to the employee notifying them of the extension and of their right to appeal against the decision to an appropriate committee of the governing body. A model letter for this purpose is at Annex C. The chair of the committee will notify the employee of the decision within two working days of the meeting and the decision will be confirmed in writing within 10 working days. The decision of the committee of the governing body is final and there is no further right of appeal.

10. Dismissal

10.1 If, following any of the reviews, it is clear that there is little or no evidence to show that the employee will be able to perform to the required standard of the job, the headteacher/line manager will refer the matter, in the form of a probationary performance report, to the Governors’ Staff Dismissal Committee (SDC) for consideration. Advice should be sought from Human Resources, Children and Young People’s Services throughout the process. The headteacher/line manager will send a letter to the employee, setting out the areas of concern, inviting them to attend the SDC meeting to discuss these concerns and notifying them of their right to be accompanied by a TU representative or colleague. The letter should clearly state that the SDC will be considering the employees continued employment and that the outcome of the meeting could well be dismissal.

10.2 At the conclusion of the SDC meeting, the employee will be informed of the committee’s decision orally. This will be confirmed in writing within five working days of the meeting. The decisions open to the SDC are to dismiss the employee or to extend his or her probation for a further period of time (maximum of 3 months) in order to give them another opportunity to reach the required standard. Where a probationary period has been extended, the SDC will be reconvened prior to the end of the extension period to review progress and make a final decision.

10.3 In the event of a decision to dismiss, the employee will have a right to appeal against their dismissal to the Governors’ Staff Dismissal Appeals Committee (SDAC). Such an appeal would have to be lodged within ten working days of receipt of the letter confirming the decision and should set out clearly the reasons why the employee feels the decision to dismiss should not stand. A meeting of the SDAC will be arranged to hear the appeal as quickly as possible. As with the SDC meeting, the employee will be entitled to be accompanied to this meeting by a TU representative or colleague.

10.4 The decision of the Staff Dismissal Appeals Committee is final. There is no further right of appeal beyond this.

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1.1 On taking up their first appointment with a Local Authority, all support staff are required to serve a six month probationary period. The purpose of this probation period is to allow both the headteacher and the employee to assess objectively whether the new recruit is suitable for the role, taking into account the individual's overall capability, skills, performance and general conduct in relation to the job in question.

Note: Before taking any action in relation to poor performance under the procedure outlined in this document, headteachers or line managers will be expected to have:

• established the facts;

• considered possible reasons for underperformance;

• considered any disability issues (The procedure may bring to light that the employee has a disability and that reasonable adjustments would help to improve performance. The probationary procedure may therefore need to be extended whilst any reasonable adjustments are put in place and the employee’s effectiveness is assessed. However, aspects of the employee’s capability during the probationary period which are not related to the disability or cannot be resolved through reasonable adjustments will continue to be pursued. If a disabled employee is unable to perform their job, despite all reasonable adjustments having been made, then redeployment to another role will need to be considered);

• evaluated any medical reasons for not being able to do the job. (Headteachers/line managers may or may not be aware of any medical problems which are contributing to the lack of capability. It is therefore wise to ascertain this through discussion with the employee before the meeting so that a referral to Occupational Health can be made and advice obtained).

All of the above should be addressed jointly with the employee.

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