Given the time and cost involved in recruiting staff, schools hope that all new recruits will fit in well. But what happens if a member of staff does not meet expectations?

Schools can do plenty to support staff before and during employment to safeguard against this occurrence, as well as setting a policy that needs to be adhered to if problems do occur.

Induction

It is helpful to have robust induction processes to discuss the role and the school’s expectations. As part of the process, schools should share critical policies such as code of conduct, health and safety, safeguarding, whistleblowing, acceptable IT use and equal opportunities. It’s also a chance to identify training needs or concerns at the earliest opportunity.

Probationary period

We strongly recommend that all new starters have a probationary period clearly stated in the offer letter and contract of employment. The period should be as long as is needed to assess performance. For teachers, this could be a year; for support staff, usually three to six months. It is helpful to have the right to extend it should concerns arise. Schools must review performance at regular intervals and diarise the period’s end. Employees are deemed to have passed unless they are clearly informed otherwise prior to the end date.

Disciplinary and capability

All schools are required to have disciplinary and capability procedures. These require formal hearings and a series of warnings (written and final written) prior to dismissal. It is helpful to have streamlined processes that can apply for new staff. Accordingly, disciplinary and capability procedures should expressly state that they are non-contractual and provide flexibility to disapply them or omit stages for new starters.

Continuity of employment

Employees obtain protection from unfair dismissal after two years of continuous service. Prior to this, schools have more flexibility to bring their employment to an end without risk of a legal claim, so if a member of staff is not working out, then prompt action is preferable. It is critical that key dates are captured correctly on the payroll and within contracts, and any service in another role will count towards the two years if no proper break has been taken in between. Schools should also be alive to potential discrimination or whistleblowing claims, which do not require any length of service.

Notice requirements

Finally, it is helpful to have a shorter period of notice in order to bring employment to an end during a probationary period, or the early stages of an employee’s employment. We would recommend that new staff have a shorter notice period, which can expire at any time.

Alice Reeve is a partner at leading education law firm Veale Wasbrough Vizards