Webinar:How to handle PRP

appeals

 --------------------------------------Presented by Heather

Mitchell, employment lawyer at

Browne Jacobson

How to handle PRP appeals

Heather Mitchell

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

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

Performance management and PRP in your school

Claimant completes an Early Conciliation formACAS contacts the ClaimantACAS contacts employer. Trying to seek settlement

within 1 monthACAS issues Early Conciliation Certificate

PRP and Ofsted

What are Ofsted looking for ?

Two Documents

• Ofsted School Inspection Handbook (January 2014)

• Ofsted’s Subsidiary Guidance on Inspection (January 2014)

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.

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

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

Making pay recommendations

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

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?

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

Moderation Correlation Tool

Decisions & Appeals

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

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

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

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

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

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

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.

www.education-advisors.com

talk to us…

Heather Mitchell| 0115 976 6553|heather.mitchell@brownejacobson.com

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.

For more resources and support in your role, visit

www.optimus-education.com