Academies and schools are uniquely people-centred organisations. They combine the complexity of employment relationships with heightened safeguarding duties and intense public accountability. Leadership teams may be faced with challenging situations where they are required to have discussions with staff about a range of sensitive issues which may extend to conducting exit conversations.
In this article, Louise Brenlund, addresses the legal considerations for schools and their leadership teams when navigating these complex scenarios.
A difficult conversation is defined by the Chartered Management Institute (CMI), as a discussion that is potentially contentious, sensitive, or emotional, often resulting in anxiety or avoidance. These, include addressing underperformance, delivering bad news, or managing conflict, where strong emotions make the interaction hard to control.
Research by CMI, found that 57% of respondents would do almost anything to avoid a difficult conversation! It’s no wonder these conversations get pushed to the bottom of the to-do list but the costs of avoiding them are high, can impact of staff morale, pupils and wider school experience. It is therefore important that they are addressed.
Safeguarding duties
Schools have a statutory duty to safeguard and promote the welfare of children. Keeping Children Safe In Education (KCSIE) sets out expectations around safer recruitment, managing allegations against staff, low-level concerns, and maintaining a culture of vigilance.
Where a staff issue could impact pupils, leaders must prioritise safeguarding processes to include:
Teachers’ Standards/ Headteachers’ standards
All teachers must act with honesty and integrity and follow the Teachers’ Standards which define the minimum level of practice expected by teachers in England and sets out the personal and professional code of conduct which applies to teachers.
Headteachers’ are also expected to follow the Teachers’ Standards but in addition must meet the high expectations of the Headteachers’ standards which includes the standards and responsibilities of headship, ethical and professional conduct and behaviours expected.
You should consider whether these Standards are applicable to the conversation that needs to take place.
Nolan Principles
The Seven Principles of Public Life (also known as the Nolan Principles) includes all those appointed and/or working in the education sector. The Nolan Principles include selflessness, integrity, objectivity, accountability, openness, honesty and leadership. These ensure meaningful outcomes of good governance are achieved and are integral to the governance and leadership of schools and academies so may also be a relevant consideration when having conversations.
Employment law considerations
School staff are employees with statutory rights, including protection from unfair dismissal (if over two years continuous employment but likely moving to six months from January 2027), discrimination, harassment and victimisation. Key legal principles include:
Where capability or conduct processes are triggered, leaders must ensure policies reflect current employment legislation and are applied correctly.
Governance and financial oversight
The Academy Trust Handbook (ATH) places clear expectations on trusts regarding regularity, propriety, and value for money, including oversight of staffing decisions and severance payments. Any settlement agreement must comply with trust approval frameworks and, where relevant, reporting obligations to the Education and Skills Funding Agency (ESFA).
Difficult conversations can often be resolved early with clarity, empathy and professionalism. Key to approach is being prepared, which can be assisted by having a framework to your approach. There are various frameworks available. Strategies will differ depending upon the circumstances and individual. A general approach for leaders or managers dealing with these situations:
Do:
Do not:
We focus below on some key difficult matters that may arise.
Workplace relationships
Relationships between colleagues are not unlawful in themselves. However, they may become problematic where:
Schools should have clear policies requiring disclosure of close personal relationships between staff where there is a potential conflict, some schools even ban this. Leaders should:
Concerns relating to inappropriate conduct with pupils is not addressed in this article as we are focusing on staff.
Substance misuse- drink and/or drugs
Substance misuse may present as:
Leaders must balance safeguarding, welfare and capability considerations. Key steps include:
Addiction can constitute a disability in some circumstances, potentially engaging equality legislation. A supportive and reasonable-adjustments approach may be required, alongside clear expectations about professional standards.
Personal presentation, dress and hygiene
Conversations about hygiene or dress are often among the most uncomfortable for leaders. However, they may be necessary where:
Best practice includes:
Sensitivity is crucial. Some issues may relate to mental health, financial hardship or medical conditions which again could mean that an induvial is considered disabled under equality legislation meaning they will have appropriate protection and a need to consider reasonable adjustments.
It is important to have clear policies and procedures within a dress code that you can rely on when having any discussions. Any rules should be applied equally but also taking into account potential for discrimination such as in relation to specific religious requirements.
Key Principles for School Leaders
Across all scenarios, the following principles should guide decision-making:
Exit discussions can be appropriate where employment relationships have broken down or where capability processes are unlikely to succeed. It is important to consider whether your conversation might be covered by these principles or not.
Understanding “without prejudice”
A “without prejudice” conversation generally applies where there is an existing dispute between the employer and employee. Communications made in a genuine attempt to settle that dispute is inadmissible in most tribunal proceedings.
However, protection does not apply if there is no existing dispute and/or the conversation involves unambiguous impropriety.
Protected conversations
Under section 111A of the Employment Rights Act 1996, employers can have “protected conversations” about ending employment on agreed terms, even where no formal dispute exists.
Important limitations:
Leaders should always seek specialist HR or legal advice before initiating such discussions.
In summary, settlement agreements are legally binding contracts under which an employee waives certain claims in exchange for compensation. If a settlement agreement is being proposed, we strongly recommend that you obtain legal advice first.
To be valid, they must:
You should follow the Acas Code of Practice on Settlement Agreements, Acas also provide a guide that will assist you in planning your meeting and timings.
Governance considerations for academy trusts
Under the ATH, trusts must ensure:
Trust boards should:
Safeguarding Implications in Exit Situations
Where staff leave under a cloud of concern, leaders must consider
Confidentiality agreements must never override safeguarding duties. KCSIE is clear that settlement agreements cannot prevent appropriate referrals ad payments should not be made where there are such concerns.
Sensitive staff issues are an inevitable part of leadership in schools and academy trusts. Whether addressing workplace relationships, substance misuse, hygiene concerns or negotiating exit arrangements, leaders must balance empathy with accountability and legal compliance.
By aligning processes with statutory safeguarding guidance such as KCSIE, meeting governance expectations under the ATH, and ensuring consistency with employment law and the expectations of the DfE, schools can manage even the most challenging situations with professionalism and integrity.
Handled correctly, difficult conversations do not weaken a school culture, they strengthen it.
Open and honest communication is crucial for any successful workplace. Although it may be tempting to avoid a difficult conversation, any issues will only become more intractable, impacting both your team and your school’s wider success.
For more information, please contact our Employment Law team on 01732 770660or [email protected].
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.
