Leaders' surgery

The antidote to common leadership conundrums..

ASCL hotline dealt with almost 6,500 calls and more than 3,500 emails from members last year. Here we share just some of the queries members have sought advice on through the hotline.

Dealing with under perfomance

Q I am a deputy head and two years ago I dealt with a member of staff over a capability issue, and she improved. The same happened last year. We are again getting under-performance; do we have to go through capability all over again?

A The previous capability processes have clearly trained the teacher and she has been able to demonstrate that she can do the tasks being required of her.

A capability process is to help the member of staff to develop skills to a necessary level, so since she has already demonstrated those skills, this is no longer a matter for capability.

Instead, this should be dealt with under disciplinary rules, as it is clear that she is able to do the work and has demonstrated the skill level in the past. The investigation should be based on her ‘choosing’ not to do the work she can do. The questions of ‘can’t’ (capability) or ‘won’t’ (disciplinary) should be asked before the start of any formal process.

Teachers who are on the upper pay range have demonstrated skills to get on to that range, and so in dealing with their under-performance it is often likely to be ‘won’t’ rather than ‘can’t’.

References

Q I have recently taken up a post as a headteacher. I wrote a reference for a member of staff in my first month at the school, and made it clear it was based on previous references on file.

She was successful in getting the post, and she resigned from the post at the school at which I work with due notice, but since then she has been disciplined for being drunk at this school, given a written warning, and then been drunk in school again. As this was public knowledge, the receiving school has asked for an updated reference.

A References have to be given ‘in good faith’ and this clearly happened in this case. The head has used the historic information, and has been fair in stating that he had little direct knowledge of the teacher. He also declared that he knew of no reason why this person should not work with young people, and that there were no capability or disciplinary warnings.

It is legitimate to share with the receiving school factual issues between the reference being given, the post being accepted, and the teacher leaving the old school; this may, for example, be proven conduct issues that have occurred in the intervening period.

In this case, it is right to share the factual information that there has been a disciplinary process; however, clearly the ‘employment warning’ does not transfer to the new school.

However, the head must not change his reference, or write an updated one, as the reference is a dated document made ‘in good faith’ at that time for the purpose of an employment offer; this is now time-passed.

Internal affairs

Q I am a business manager and the governors at my school have approached me for advice on what they can do about the deputy head who is having an affair with another member of staff; both have children in the school and are still married, and the deputy’s husband also works in the school.

A On the face of this, there is little that can be done; this is two consenting adults making life choices. However, there are two possible approaches to be taken.

First, if the deputy has management responsibility for the other member of staff, then there is the question as to whether that relationship has been altered or abused and school guidelines for communication and influence broken.

Second, there is a general employment duty of loyalty to the school – and avoiding bringing the school into disrepute is part of this. Clearly in this case the school’s reputation is likely to suffer if the relationship is destroying other relationships within the school – for example, the credibility of the staff involved, the ability for students (the children of the members of staff) to engage with staff, and so forth.

Under these conditions, formal disciplinary processes for bringing the school into disrepute can and should be followed, and has in many past examples led to dismissal.

Not all affairs are such that they bring the school into disrepute, or allow there to be exploitation of a management position – generally the more senior the post, the more likely that person is to be a major part of the school’s profile, and hence for it to be an issue.

ASCL members concerned about leadership issues should call the hotline on 0116 299 1122 or email hotline@ascl.org.uk

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