If someone is unkind to the pupils, why does the head want them to stay?

You can do whatever the law and the contract allows - check the contract for scope within it for terminating it before the end date. I think, however, you will be sending a very mixed message for no good reason. Retaining someone in post undermines the decision to fail them when you don't need to have failed them in order to bring forward the end of their contract - unless there is a very unusual clause in it. As is often pointed out in these forums, a probationary period is purely contractual. It makes no difference to the legal position.

I think the biggest downside to this eccentric proposal by your head is going to be the effect on the teacher. If you tell them that they have failed their probationary period and will be exited in 8 months, I think you have to worry about what they could do in those 8 months. I would expect neither kindness nor collaboration.

What does your contract say? Ours, in a school environment, gives a different amount of notice during the probationary period (a calendar three months rather than a full term).

The reality is that if the teacher is not good enough to do the job, then you should probably move them on without delay. Balanced against that is the need for you to cover the classes, and ensure that pupils get the best possible education. A disengaged teacher is better than no teacher.

I would suggest a conversation with the individual, letting them know that based on their performance to date they are unlikely to pass their probationary period. Give them clear reasons and examples, and set a deadline for you to see an improvement in their engagement with the school. This gives them both an opportunity to improve (so feels fair to you and to them) and also notice that their job may not be secure and (if they aren't willing to improve in the key areas) that they should start looking for an alternative role.

Your review deadline should then be scheduled to marry up with your notice within the probationary period. Hope that makes sense.

Hi there,

Teachers are not subject to a typical probation period. Are they an NQT? If so, they are required to pass three terms (more if part time) in order to pass their induction year.

Otherwise, you need to follow your capability policy. Look at Teachers Standards and where they are failing.

I’m assuming you follow the Burgundy book or STCPD? They make no provision for probation for teachers. Ensure you adhere to notice periods neu.org.uk/.../notice-periods

Hi there,
If they haven't passed their probation and I assume they were informed along the way what their short-comings were and were given advice / support to improve, then I would ask them to leave. Only once have I extended a probation period (which in my Trust was an option in the probation policy), because it was about the quality of teaching and with structured support they did get better. Some people are just not cut out for teaching and no coaching will make this better. It sounds like the head is looking to keep the person as a solution to having to recruit mid-year, but keeping this person is only likely to cause longer term problems.
PS - Any new starter, including teachers can be subject to a probationary period if that is your policy. It doesn't just apply to NQTs. In my schools the Headteachers etc have all had probationary periods. :-)

I would hate the idea that a teacher wants to teach but doesn't want to be kind - but then I've come across dozens of teachers who've managed to remain in employment and you've probably  explained why.

Yes there is, I believe, a possible implication. If after over a year has passed and you now told me to walk away, I'd want to know why - after all you've let me stay for nearly one year - and only now are you saying I'm not suitable - in fact you said I was unsuitable 8 months ago. It would weaken your argument for dismissal wouldn't it - if you ignore your own probation. Although in all fairness he would not be entitled to make a tribunal claim until he's got to 24 months continuous employment.  But by then I'd have probably worked out some 'protected' status angle to work on which doesn't need two years to be enforced.

And what about the pupils or other staff? You put the probationary period in, I assume to protect or enhance the pupil's education. What message does it give out to the other staff who do care? That kindness really doesn't matter - a policy isn't worth the paper its written on?

As for the boss/head, who alters a policy when it suits???