Outside of the education sector, no, it is not a legal obligation to carry out an appraisal, but given the clear benefits to doing so set out above, failing to do so is a missed opportunity and may lead to issues building up and not being resolved.
In the education sector, appraisal arrangements are set out in the Education (School Teachers’ Appraisal) (England) Regulations 2012 (which are often referred to as the Appraisal Regulations). They set out the principles that apply to teachers in all maintained schools and centrally employed (or unattached) teachers employed by a local authority where they are employed for more than one term.
Whilst the Appraisal Regulations do not directly apply to Academies, it is recommended that Academies follow the appraisal regulations even though they are not legally required to, particularly given that most Academies’ contracts of employment incorporate the School Teachers’ pay and conditions document, which link appraisals of individuals subject to the Appraisal Regulations to decisions on pay progression.
Schools are well advised to review their appraisal policy against the Department for Education “Teacher appraisal and capability: A model policy for schools” and ensure that their own appraisal policies reflect the key steps set out in that document.
For support staff, to whom the Appraisal Regulations do not apply, similar principles for conducting appraisals are also recommended.
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