Guest Posted December 16, 2012 Posted December 16, 2012 I see problems on here all the time about staff who just aren't that 'into' their roles and treating this profession as a handy job that fits round the kids. Are you allowed to say you will only employ Level 3 and over to ensure your staff really want to be there? If you already have someone at a Level 2 that is in this situation, would you be within rights to insist that they begin a Level 3 if they are serious about keeping their position?
Guest Posted December 17, 2012 Posted December 17, 2012 I cant answer your question from a legal stand point but I personally believe that there are folks out there who have a level 3 and who arent committed to their job!! I think the committment and enthusiasm doesn't necessarily go hand in hand with a piece of paper to say what level you are qualified to. Good luck with your dilemma!
mrsbat Posted December 17, 2012 Posted December 17, 2012 Legally the answer is no - I've tried! I have 2 members of staff unwilling to train, who are stuck in a time from 10+ years ago, are unwilling to change the way they do things, unwilling to do the paperwork involved and only do the very minimum they can. Contracts were changed for everyone (they are annual ones) and as we are a workers co-operative we even voted on making it that all staff had to have a level 2 however after being threatened with legal action I took advice myself from the PSLA legal team (lawcall) and they said that because their original job description did not have it stated in there then we didn't have a leg to stand on, the only way we could enforce it is if we pay for the course, pay for the staff members time attending the course and any hours lost at work because of it plus pay them for their study time! Apart from the fact that we could not afford this it wouldn't be fair on those staff who have trained in their own time and paid half of the course fees. If you ever come across a different legal answer please let me know!
Lyanne Posted December 17, 2012 Posted December 17, 2012 What about if all the existing staff are level 3 or above? We've 2 with level 2, now doing L3, &.had a vacancy for which we've recruited a L3. Not that it makes that much difference, people can do well on paper but not so well in the workplace...
Inge Posted December 17, 2012 Posted December 17, 2012 You cannot insist they retrain... or do more training.. but on recruiting new staff you can insist on level 3 ... not always the guarantee to good practice and commitment though... but they can then be on a trial period and probation so you can decide not to employ at the end of this period...
Helen Posted December 17, 2012 Posted December 17, 2012 For staff unwilling to train, you might want to show them certain sections of the statutory framework: 3.18- The daily experience of children......depends on all practitioners having appropriate qualifications, training, skills and knowledge.... 3.19....effective supervision provides support, coaching and training for the practitioner.... 3.20...receive coaching to improve their personal effectiveness 3.22 Providers should ensure that regular staff appraisals are carried out to identofy any training needs and secure opportunities for continued professional development of staff. Providers should support their staff to improve their qualification levels wherever possible. You could also discuss with them that CPD is a crucial aspect of the new Ofsted inspections. In the evaluation framework, to achieve a good for leadership it states: "Practitioners are monitored and under-performance is tackled. An effective and well-established programme of professional development is helping practitioners to improve their knowledge, understanding and practice" Maybe you could appeal to their better nature and say that without their cooperation for CPD, the setting is unlikely to achieve a good inspection outcome?
Sue R Posted December 17, 2012 Posted December 17, 2012 I suspect you are a pack away pre-school? There is always that aspect of not wanting to train - Helen's post is great for ways of persuading them! Certainly when recruiting new staff you are quite within your rights to insist on L3 - I'm sure that is being mooted as a minimum for the future anyway.
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