Children and Young People’s Services
APPOINTMENT OF STAFF EMPLOYED IN SCHOOLS
CODE OF PRACTICE AND GUIDELINES
This Code of Practice has been agreed with the following recognised Teacher and Headteacher Associations and Support Staff Unions:
· Association of Teachers and Lecturers
· National Association of Head Teachers
· National Association of Schoolmasters Union of Women Teachers
· National Union of Teachers
· Secondary Heads' Association
· Unison
· GMB
December 2006
APPOINTMENT OF STAFF EMPLOYED IN SCHOOLS
CODE OF PRACTICE AND GUIDELINES
1. INTRODUCTION
1.1 The Code
The following Code of Practice has been agreed with the recognised Teacher and Headteacher Associations and Support Staff Unions. The parties involved commend the Code as representing existing good practice in the appointment of teachers and support staff. The Code also contains a wide range of related information on the employment of teachers and support staff under the School Standards and Framework Act 1998 (SSFA). The Code set out should be followed unless there is reason to the contrary. In the event of a valid complaint that the code had not been followed, it is agreed that the complainant would be entitled to a satisfactory explanation.
1.2 Provisions of The School Standards and Framework Act
For teaching staff below the level of Deputy Head and Support Staff, the SSFA allows for the delegation of this function to one or more governors, the Head or one or more governors and the Head acting together. This is subject, in all cases, to the right of the Head to advise throughout the process. The involvement of governors in appointing staff should therefore be formally determined by the governing body on the advice of the Head in line with the legislation and this Code and in advance of any particular appointment.
Specific arrangements will have been made when local management responsibilities were assumed and should be kept under review. In defining this responsibility, governing bodies may determine that different arrangements will apply to particular posts. LA Human Resources Officers and members of the advisory service can offer advice at all stages of the process.
1.3 Other Staff
Appointments of Headteachers and Deputies are governed by separate provisions. Advice on the appointment of Headteachers and Deputies is contained in separate documents.
1.4 Objectives of the Recruitment and Selection Process
Recruitment and selection is the process by which we encourage prospective employees to apply for a vacant job, and select the right person for each job. Our ability to provide high quality and effective services to Shropshire residents depends upon the people we recruit and select to fill our vacant jobs. How we go about the process of recruitment and selection is also vital in terms of maintaining employee morale, enhancing the reputation of the Local Authority as well as meeting all legal requirements.
The outcome of the recruitment process also underpins two of the Council’s core values:
“We will build and maintain long term relationships with all communities and users of our services to each other’s benefit”.
“We will provide services to all which are fair, accessible and welcoming.”
The Code of Practice is split into two sections - compulsory actions and recommended best practice. It provides a framework to help Headteachers and Governors recruit and select employees, and reminds them of their responsibilities towards candidates. It also provides practical guidance on how to recruit in a fair and professional manner.
The recruitment and selection process we use in schools, for all vacancies, should:
· Be fair and free from bias
· Be consistent across the establishment
· Reflect the procedures and guidelines of the LA’s Equal Opportunities and Employment policies
· Link to the Equality Standard for Local Government through the Equality and Diversity Policy
· Convey a positive image of the Local Authority
1.5 Headteachers’ responsibilities
The Headteacher and others responsible for recruitment and selection within the School must:
· Comply with this Code of Practice on Recruitment and Selection
· Comply with all relevant legislation (summarised at Appendix 1)
· Ensure that any decisions made are based on evidence acquired through the process
It is important to remember that recruitment decisions can be challenged, possibly at an Employment Tribunal, so those involved must be able to justify their reasons for selection or non-selection and be prepared to evidence that decision. It is important that decisions made during the process and the notes and evaluations made are recorded.
1.6 Equality and Diversity at Shropshire County Council
Our vision is ‘To improve the quality of life for Shropshire people’ which is at the heart of everything we do. The County Council is committed to this vision, and through this to improve the quality of life in Shropshire.
We strive for the highest possible public service and professional standards, and will be accountable to Shropshire people for everything we do.
We believe that equality is about treating people fairly, openly and honestly and recognising that people all have different needs, cultures, experiences and expectations.
It is the policy of Shropshire County Council to ensure that no person, whether a job applicant, employee, service user or third party receives any less favourable treatment because of his or her gender, marital status, family status, lifestyle, age, ethnicity, religion, sexual orientation, disability, political affiliation, trade union membership or any other condition or requirement which cannot be shown to be justifiable.
The full Equal Opportunities Policy statement is set out at Appendix 2.
Headteachers and other involved in the recruitment and selection process also need to be fully aware of equal opportunities legislation (see Appendix 1 for a summary of relevant employment legislation). The Code of Practice demonstrates how equality issues should be seen as an integral part of the recruitment and selection process.
Shropshire County Council is a member of the Employers Forum on Disability who can give advice on disability issues. The Human Resources Team has details about the service provided. The County Council also employs an Employment and Disability Officer, contact details can be found at Appendix 14.
2. THE VACANCY
A vacancy provides an opportunity to look at the needs of the school and, if necessary, redefine the vacant post in order to meet the school’s need more effectively. It is the responsibility of the Headteacher to make an assessment and analysis of the vacant post.
2.1 Staffing Structure
The school’s staffing structure, and disposition of promoted posts within that structure, should be determined by the Salaries Committee of the Governing Body on the advice of the Head following appropriate consultation with staff. The structure should be regularly reviewed in the light of the changing needs of the school and particularly as and when vacancies occur. There should be an appropriate mechanism for keeping staff informed about the structure. For teaching staff the provisions of the Pay and Conditions Document and accompanying Circular for the governing body to appoint a Salaries Committee and make available an annual statement of relativities by grade is part of the LA Pay Policy Advice Document.
2.2 Information about the vacancy
Information on the vacant job can be obtained from:
· Current postholder (via an exit interview)
· Existing job description and person specification
· Line Manager/colleagues
· Priorities identified in the School Development Plan
· Human Resources
Headteachers will need to consider what type of appointment they should make. It is crucial that the variety of contracts of employment that can be entered into and the implications of these options for the appointment process are clearly understood. See Appendix 3.
2.3 Decisions about filling the vacancy
Before advertising a vacant post, it is useful to ask the following questions:
· Are there any major changes to the job?
· Is there a need for the vacancy to be filled at all or could the duties be carried out in another way?
· Is funding available for the post?
· For new posts or amendments to posts approval should be sought from appropriate committee.
· What is the appropriate grade for the post? Advice on grading issues is available from the Human Resources Team.
· Are there any employees available for re-deployment? Check with Human Resources Team.
· Is it essential for the post to be filled by one full-time employee or could it be filled effectively using more flexible working arrangements, e.g. job share?
2.4 LA Nomination
When a vacancy occurs a job description of the post should be drawn up by the Head setting out the requirements and responsibilities of the job. In accordance with the provisions of the ERA, this description should be sent to the LA prior to the post being advertised. The LA may wish at this stage to nominate a candidate for consideration (see Section 5 Personnel Handbook and Employment Protection Scheme, Appendix 5.3 & 5.4).
When considering how to fill a post, it is important to be aware of the financial regulations relating to the employment of the ‘self employed’. Further information can be obtained from Payroll.
2.5 Employment Protection Scheme
Requirements upon the LA
The LA is under a legal obligation to seek to ensure the continuing employment of teachers within the LA subject to a notice of compulsory redundancy issued by a delegated school. The detailed arrangements are set out in the Employment Protection Scheme.
Requirements of ERA
Under arrangements described in the Education Reform Act 1988, a school must upon the vacancy of a post determine a specification for the post and send a copy of the specification to the LA.
The LA may at this stage nominate for consideration a teacher or teachers whom it regards as qualified to fill the post. Thereafter, schools will interview any such LA candidate or candidates within the protection of the scheme in accordance with the school’s approved arrangements and before any applicants outside the scope of the scheme. Where the timetables for appointment are short schools will need to make every effort to interview LA nominated candidates prior to others.
Consideration of Candidates
The Employment Protection Scheme states that “Schools will consider LA nominated candidates most carefully given the desirability for the scheme to work on a reciprocal basis. Good industrial relations practice as well as the possible requirements of an Industrial Tribunal mean that in the event that a candidate under the protection of the scheme is not recommended for appointment, the appointing panel will be requested to give its reasons in writing as they relate to their judgement that the candidate is unable to meet the specific requirements of the job specification.”
2.6 Job Descriptions and Person Specifications
These are the key documents in the recruitment and selection process. The line manager is responsible for producing these documents and Standard Templates have been produced (see Appendix 5) and also the document Career Structure for Support Staff. Guidance is available from Human Resources. It is essential that existing documents are reviewed and updated before the post is advertised.
Job Description
This document summarises the duties, responsibilities, content as well as context of a post. The job description should be clear, concise and a fair representation of the post. It is not desirable to have a rigid over prescriptive job description. Job descriptions should be periodically reviewed and updated, ideally following an annual appraisal interview and should always be reviewed when a post becomes vacant. A model job description is included at Appendix 5 or contained with the document Career Structure for Support Staff.
National conditions apply to teaching and many support staff posts and great care should be taken to adhere to these in drawing up job descriptions. Care should be taken to avoid descriptions which appear either too broad or to impose unnecessarily strict limits on what staff can legitimately be expected to do.
With all posts within schools, it will be subject to an enhanced check with the Criminal Records Bureau. This also needs to be stated on the job description.
Person Specification
This provides a profile of the ideal person for the post. It should list the qualifications, experience, skills and personal attributes needed to undertake the duties and responsibilities of the post as detailed in the job description. A person specification is divided into essential and desirable criteria. You must be able to justify on job-based grounds those attributes defined as “essential”. The focus should be on what needs to be done, not on how the work needs to be done, ie “must be able to produce high quality reports” as opposed to “must be able to touch type” to avoid discrimination against disabled applicants.
If possible, the person specification should say how each essential requirement will be assessed during the whole selection process, e.g. at interview or on the application form etc. This criteria must not be changed after the post has been advertised. A model person specification is included at Appendix 5. Candidates must show on their application form that they have the essential criteria listed on the Person Specification by giving details about how they meet the essential criteria.
A prescribed qualification should be used in a person specification if it is essential for the role or if there is a legislative requirement i.e. Headteacher, Teacher, High Level Teaching Assistant, and it can be objectively justified. Where a qualification is not essential and cannot be justified, the following paragraph should be stated in the person specification “if you do not have the formal qualifications specified, but can demonstrate skills or experience of an equivalent standard, we would still be interested in your application”.
When writing person specifications consideration will need to be given when stating the length of experience required for the role, as over prescribing could be deemed discriminatory on the grounds of age. As with qualifications there are some professions where post-qualifying experience is a legislative requirement and is objectively justified. An example where potential discrimination could occur would be for entry level roles, it would not be appropriate to require 2 years experience as this could discriminate against school/college leavers.