Keeping everyone happy

The success of an independent school ultimately rests on the shoulders of the headteachers to manage his/her staff. Juliet Price looks at the importance of getting on top of HR issues

HR covers such a wide range of work it can be overwhelming. It starts with the recruitment and selection of staff, job specifications, contracts, induction procedures and personnel systems. Then there’s the tricky issue of employee relations, including one-to-ones and appraisals, but also disciplinary procedures, grievances, dismissals and, worst of all, employment tribunals. All headteachers and governors know just how damaging it can be if a school’s good name and reputation is dragged through the courts and media – all under the watchful gaze of parents.

Independent schools are, at their heart, businesses, much like any other in the commercial world. If parents stop sending their children and the roll falls, the school will lose money and will likely go into steady decline. However, just like any other business, the quality of its people will play a large part in determining its ongoing success.

The impact on teaching
Many parents, when they research and view potential schools for their children, will almost certainly look at Ofsted results and reports compiled by the Independent Schools Inspectorate (ISI). What these reports don’t show is the nature and quality of the relationships between teachers and other staff. Yet this can have a significant impact on the running of any school.

All schools have to deal with HR issues. This includes unauthorised or persistent absence, long-term sickness, and poor performance or grievance issues – such as harassment or bullying. However, many schools simply don’t tackle such problems head-on. This leaves situations to fester unresolved; causing resentment, mistrust and uncertainty among staff – affecting the quality of teaching and impacting on a school’s reputation.

It’s essential that schools make adequate provision in their budgets for HR. It shouldn’t be an afterthought, or be added on to somebody else’s job role. The most important thing is to get the basics right, which includes following relevant legislation, helping reduce the likelihood of problems occurring in the first place.

Safer recruitment
The Safeguarding Vulnerable Groups Act 2006, which will be phased in during 2008, will include the introduction of a new vetting and barring scheme for all those working with children and young people.

Ahead of this, however, new Safeguarding Children and Safer Recruitment in Education guidelines have already been implemented. This “sets out the responsibilities of all local authorities, schools and further education colleges in England to safeguard and promote the welfare of children and young people”. It also details the processes for dealing with situations involving allegations of abuse against teachers and other staff.

The document provides clear advice on recruitment, selection processes and vetting checks. This covers all aspects of recruitment:

• job descriptions;
• person specifications;
• application forms;
• advertising;
• shortlisting;
• interviewing; and
• references and offers of appointment.

At the appointment stage, it builds in guidance to ensure schools carry out all relevant checks, including:

• CRB disclosure;
• List 99;
• proof of right to work in the UK; and
• confirmation of qualifications which are a legal requirement for the role eg QTS and GTC and, if the candidate has lived outside the UK, further checks may be needed in addition to the CRB disclosure.

The document also sets out the responsibilities of the proprietors of independent schools. This includes, in brief, the need to ensure that:

• child protection policies and procedures are in place;
• a senior member of the school’s management structure leads on child protection issues; and
• that this person undertakes training in inter-agency working and any child protection weaknesses are remedied without delay.

The full Safeguarding Children and Safer Recruitment in Education document is available to view via the teachernet website (www.teachernet.gov.uk). While local authorities may be able to help independent schools with these issues, for a fee, they have no obligation to do so.

Managing tricky situations
Once staff are in place, it’s vital that they are given the right support to enable them to do their jobs to the highest possible standard. This includes providing continuous professional development, helping ensure that teachers are aware of the latest trends in education, and up-to-date with all legislation.

It’s also vital to manage the more contentious elements of HR, particularly issues such as bullying and harassment. This causes distress to the victims involved, but can also spread to other parts of the school, causing rifts and anxiety. Staff affected will likely experience a decline in work satisfaction and performance, and will almost certainly be less likely to co-operate with extra-curricular activities. They could also suffer from stress, and be more likely to take unscheduled sick leave. In some cases, staff will simply resign, but in others they may take formal action, resulting in an employment tribunal.  

This can be hugely costly to a school; not just in financial terms. Schools will have to devote a considerable amount of time to dealing with a tribunal – on average ten days. There are also the external reputation issues to consider, as mentioned, as well as internal staff room gossip.

There has been a large rise in the number of employment tribunal cases, across all employment sectors, which is up 36 per cent between 2004/05 and 2005/06. The average cost of defending a claim is around £9,000, in addition to any compensation fine imposed – which can be anything up to £60,600 for unfair dismissal, but is uncapped for discrimination claims.

Clearly it is important to manage these situations effectively. It is also vital, especially in potentially sensitive situations, to understand the nuances of the law. A recent case, Azmi v Kirklees Metropolitan Council, centred on the rights of a Muslim teacher to wear a full face veil. It was brought under the Employment Equality (Religion or Belief) Regulations 2003 and created significant press interest at the time. However, while Azmi’s claims of direct and indirect discrimination both failed, it demonstrated how a seemingly simple request can have serious consequences.

A key issue for independent schools currently is the employment status of peripatetic teachers – whether they are employees or self-employed. It clearly makes a big difference to schools, because there are tax and other employment issues to consider. There is no easy answer, because each case is different. However, an employment status audit will help determine which bracket they fall into, avoiding problems later on.

As a final point, schools should get all rules and procedures in place, and store them in a handbook. This includes discipline, grievance appraisals and maternity/paternity leave policies. It helps on a practical level, because all staff will know their rights and what is expected of them. It can also impress ISI inspectors; because through it a school can demonstrate that it has its ‘house in order’.

Ultimately, a school which manages it staff effectively will have a happy workforce, achieve the best possible performance from its teachers and show results to impress parents and inspectors.

Juliet Price is managing director of Park City Consulting.

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