What does it mean if I have been placed on capability procedures?

Overview

As a teacher, you will be expected to reach certain targets and objectives with your classes. These targets would have been agreed in your appraisals with your head of department or other senior school leader. You are potentially at risk of being placed on capability procedures if you do not consistently meet your targets and are under performing in your role.

Why might I be put on capability procedures?

If there is concern you are not achieving the targets and objectives either set specifically for you, or wider school ones applicable to all staff, then the school management may invite you to discuss these aspects or your performance. The capability procedure and process should initially be viewed by you and the school as providing a framework and process to support you to improve your performance.

You might also be placed on a teacher support plan. We have published another article which explains what to expect when being placed a support plan and links to examples.

Any underperformance due to continued or disruptive absence would be addressed under other appropriate policies and procedures. You need to be aware that if the application of the capability procedure fails to secure sufficient improvement in your performance then it may lead to your dismissal.

What is the procedure?

Your school will have a documented capability procedure. You will need to read it and understand it. There will be a formal meeting to discuss your perceived deficiency in performance, backed up with evidence or witness statements. At the conclusion of the meeting you will normally be given a specific list of areas of improvements linked to targets to be achieved within a specified timespan.

At the end of that time you will be invited to a second meeting that will review your level of achievement. If you have successfully achieved the targets set for improvement then no further action is likely. However, if you have not achieved the improvements targets set, then depending on the particular circumstances, either a further period of improvement will be set or dismissal proceedings may commence.

Notification of the meeting

As it will be a formal meeting it will need to comply with school policies and procedures. The notification should contain sufficient information around the concerns about your performance and the possible consequences to enable you to prepare to answer the case at the formal meeting. It will also provide normally five days notice of the time and place of the meeting and contain copies of any written evidence.

What will happen at the meeting?

The meeting will allow you to respond to the concerns expressed about your performance. This may provide new information or a different context to that already presented to you by the school.

If the person holding the meeting still considers that you still need to improve your performance then at this meeting you should be able to discuss and agree the areas for improvement, the way that improvement will be measured, and the timescale within which you will be given to effect the improvement, and any support or training that you may need to enable you to improve your performance.

However, if mutual agreement cannot be reached, then you can expect the above matters will be imposed upon you. The timescale set for improvement is usually around a six to eight week period.

What happens during the improvement period?

You need to ensure that you fully understand what is expected of you, and how your improvement will be measured and by whom. Make sure that you have all the support or training that may have been discussed and agreed a the formal meeting.

If you consider that some or all of this is not happening then you need to raise this with the headteacher as soon as possible. Keep your own notes of what you have been doing and have achieved that demonstrate your improved performance.

Further information

If you have been placed on capability procedures and are concerned about your future employment you contact us for further advice and support.

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The information contained within this article is not a complete or final statement of the law.
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