NASUWT Representatives

www.nasuwt.org.uk41At least five (more if it can be negotiated) working days’ noticewill be given of the formal capability meeting. The notificationwill contain sufficient information about the concerns aboutperformance and their possible consequences to enable theteacher to prepare to answer the case at a formal capabilitymeeting. It will also contain copies of any written evidence andthe details of the time and place of the meeting and will advisethe teacher of their right to be accompanied by a companionwho may be a colleague, a trade union official, or a trade unionrepresentative who has been certified by their union as beingcompetent.Formal capability meetingIf the level of the teacher’s performance does not improve, aformal capability meeting will take place. This is a meetingintended to establish the facts. The formal capability meetingshould take place between the teacher (or headteacher) whomay be accompanied by a companion (a trade unionrepresentative, for instance) and the headteacher (or Chair ofGovernors). At the meeting the teacher (or headteacher) mayrespond to the concerns and provide information or a context tothat already collected during an investigation that has takenplace.The outcome of the meeting could be a conclusion that thereare insufficient grounds for pursuing a capability procedure, andthe meeting could be closed.In other cases, the meeting will continue. During the meeting, orany other meeting which could lead to a formal warning beingissued, the person conducting the meeting will:lllllidentify the professional shortcomings;give clear guidance on the improved standard ofperformance needed to ensure that the teacher can beremoved from formal capability procedures;explain any support that will be available to help the teacherimprove their performance;set out the timetable for improvement and explain howperformance will be monitored and reviewed. The timetableshould depend on the circumstances of the individual case;andwarn the teacher formally that failure to improve within theset period could lead to dismissal. In very serious cases, thiswarning could be a final written warning.Notes will be taken of formal meetings and a copy sent to themember of staff. Where a warning is issued, the teacher will beinformed in writing of the matters covered in the bullet pointsabove and given information about the timing and handling ofthe review stage and the procedure and time limits for appealingagainst the warning.For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive05/01038 England and Wales