Performance Management in Schools

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by Rebecca Lister | 7th Jul 2026

Handling Performance and Capability Fairly in Schools

Article Summary

Effective performance management in schools is central to maintaining and improving standards within schools, MATs and wider educational settings. When handled well, it supports staff development, strengthens teaching quality and helps create an environment where pupils and staff alike can thrive.

When handled poorly, it can lead to disengagement, staff disputes, grievances and, in some cases, legal challenge.

At its core, performance management in schools should be supportive, transparent and fair. Schools that embed regular, constructive conversations about performance are far better placed to identify development needs early, recognise successes and address concerns before they escalate.

The Importance of Ongoing Performance Conversations

Performance management in schools should not begin or end with formal processes. Line managers and school leaders play a critical role in having regular, supportive discussions with staff about their performance. These conversations help to:

• Clarify expectations
• Identify training and development opportunities
• Address emerging concerns at an early stage
• Improve teacher and staff attendance, while supporting overall wellbeing
• Reinforce good practice and celebrate progress

Where concerns are identified early and addressed through coaching, mentoring or additional support, formal procedures can often be avoided altogether.

For educational settings in Kent and the South East looking to strengthen performance management, ensure legal compliance and promote consistency across their organisation, get in touch with Eclipse HR today.

Appraisal in Schools: A Statutory Framework

Governing bodies are required to review their teacher appraisal policy annually, ensuring it remains compliant and fit for purpose.

Teacher appraisal arrangements are governed by the Education (School Teachers’ Appraisal) (England) Regulations 2012, which apply to:

• Teachers
• Headteachers
• School leaders employed by the school, trust or local authority

The appraisal process is intended to be supportive and developmental, rather than punitive. It should operate within a school culture that values openness, fairness and professional growth. When used effectively, appraisal:

• Encourages reflective practice
• Supports continuous professional development
• Provides a structured framework for improving performance

Appraisal should never be a “tick‑box” exercise. It is a key management tool that, when used properly, can resolve performance concerns without the need for formal action.

Capability and Poor Performance in Schools

Schools are expected to set clear standards for performance and to have procedures in place to address situations where staff fail to meet those standards.

Where performance concerns cannot be resolved through the informal capability procedure, schools may need to consider formal capability procedures. Poor performance can amount to a potentially fair reason for dismissal, provided that:

• A fair procedure is followed
• Adequate support has been offered
• Decisions are reasonable in the circumstances

Capability vs Misconduct: Why the Distinction Matters

Most schools operate separate procedures for misconduct (behavioural and conduct issues) and capability (performance or competence issues).

While there can be some overlap, it is important to identify the correct route from the outset. Using a disciplinary procedure to address performance issues can undermine fairness and increase legal risk. Misconduct issues are dealt with separately under a disciplinary policy and procedure.

When Should the Capability Procedure Be Used?

The capability procedure should be used only where there is:

• Serious underperformance, or
• A failure to improve despite concerns having been addressed through the appraisal process and appropriate informal support

It should not be the default response to performance concerns. In most cases, performance issues should initially be addressed through normal performance management arrangements, supportive monitoring and targeted professional development, before capability procedures are considered.

Key Stages of a Formal Capability Procedure

1. First Formal Capability Meeting

Purpose

To formally set out performance concerns, test the evidence and determine whether formal capability measures are justified.:

The first formal capability meeting should:

• Clearly set out the performance concerns and evidence relied upon
• Give the staff member a full and fair opportunity to respond
• Explore any contextual, mitigating or new information raised
• Confirm whether the concerns amount to formal capability issues
• Decide whether it is appropriate to:
  • Move forward with formal capability, and
  • Put in place a formal improvement plan with support and review arrangements

This meeting is not a disciplinary hearing but it does mark the point at which concerns are formally escalated. It must therefore be conducted objectively, transparently and with due regard to procedural fairness.

2. Formal Review Meeting

Purpose:

To assess progress following the formal support and monitoring period.

The review meeting should consider:

• Whether the required standard of improvement has been achieved
• The extent to which targets have been met consistently and sustainably
• The effectiveness of the support, training and monitoring provided
• Any ongoing or new factors affecting performance
• Whether the matter can:
  • Be concluded successfully
  • Remain under the review with adjusted support, or
  • Progress to the next formal stage

Clear, objective evidence and documented outcomes are essential, as this meeting determines whether escalation is reasonable and justified.

3. Decision Meeting

Purpose:

To determine the appropriate outcome where formal capability concerns remain unresolved.

If performance continues to fall below the required standard, the decision meeting will consider whether:

• Further support or an alternative outcome is appropriate, or
• Dismissal on grounds of capability is justified

Dismissal should never be a foregone conclusion and must only be considered after meaningful support has been provided and improvement remains insufficient.

It should also be noted that depending on the School or Trust’s adopted capability procedure, there may be additional stages or requirements that must also be followed for some and/or all of the above. Employees are also usually entitled to be accompanied at formal stages by a trade union representative or a workplace colleague, and this may, in some cases, be extended to informal stages of the capability process. There is a statutory right to be accompanied at any formal capability decision meeting.

Supporting Underperforming Staff

Before formal capability proceedings are instigated, schools should ensure that a full programme of support has been offered. This may include:

• Targeted training
• Mentoring or coaching
• Additional supervision
• Adjustments to duties (where appropriate)

It is very rare for a member of staff to be fairly dismissed for a single instance of poor performance. Sustained concerns and failure to improve, despite support, are usually required.

Performance Management in Schools FAQs

How Eclipse HR can help with handling performance and capability fairly in schools

Here at Eclipse HR, we can help reduce costs and improve efficiency through our tailored HR Services for education and strategic multi-academy trust HR support.

When it comes to handling capability procedures and HR consulting for educational institutions, Eclipse HR provides specialised, expert support tailored to your school’s needs.

With years of sector-specific experience, our expert HR consultancy is uniquely equipped to handle even the most complex and sensitive staff issues with professionalism and care.

Eclipse HR Consultants offer expert, tailored support and management training for schools to help you with performance and capability fairly in schools. Get in touch with our team today.

Client Testimonial:

“As an experienced HR professional with extensive knowledge in Education HR, The Stour Academy Trust engages with Veronica Fox through Eclipse HR on high level matters. Veronica is able to share a wealth of experience and realistic practical knowledge and strategies to support us with our HR needs alongside being personable! As a Trust, we pride ourselves on thinking outside the box which Veronica is more than willing to embrace and often suggests innovative people strategies. Put simply the support we receive from Veronica is well received and always with the best interest of us the client in mind.”

TOMMY CULLEN, CHIEF OPERATING OFFICER, THE STOUR ACADEMY TRUST

Author: Rebecca Lister
Rebecca supports the Eclipse HR team and our clients across a range of tasks. Rebecca has recently completed her Master’s degree in Advanced Legal Practice (MLaw) at the University of Kent and is now studying for her Solicitors Qualification Exams. Her academic focus, particularly in employment law, complements her practical experience and deepens her understanding of HR in action.

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