Posted by Sat Gill
Tue, Dec 3, 2013 @ 10.33 AM
We recognise that informing your member of staff that they
are underperforming may be a daunting prospect and that you may
be wondering where to start. This article provides an insight on:
1.
The definition of underperformance
2.
Possible causes
3.
Communicating an Informal Plan
4.
Communicating a Formal Performance Improvement Plan
5.
What to do if there is little or no improvement
6.
Sanction or dismissal
1.
What is underperformance?
Underperformance or poor performance is a failure to perform the duties of the role or to perform them to the standard required by the business. Employers sometime confuse underperformance or poor performance with misconduct or poor conduct. Here are the key distinctions:
2.
What are the possible causes of underperformance?
It is important to identify this before you consider whether you will take an informal or formal approach to performance management.
● Have you made your expectations clear?
● Has the employee had sufficient training to
carry out the work
requirement?
requirement?
● Is the workload too high?
There may be other possible causes such as:
● You hired the wrong person for the job
● There may be personal outside influences
restricting the person
from performing the role
from performing the role
● There is ineffective or lack of communication
between the person
and staff structure/people/colleagues/clients in order to perform
the role effectively.
and staff structure/people/colleagues/clients in order to perform
the role effectively.
Once you have
considered the above, you can set out a Plan for improvement.
3.
Informal Plan
ACAS (Arbitration, Conciliation and Advisory Service) is an independent government organisation devoted to preventing and resolving employment disputes. It takes into account UK employment law when offering advice and guidance. ACAS guidelines state that before considering formal action, you should be able to demonstrate that:
● The employee is clear as to what is expected
of them
● You have provided feedback on their performance
● The employee is clear about the gap between
their performance
and the required performance
and the required performance
● You have an agreed plan outlining what improvement
you expect
of them and by when, and the support you have provided to help
them improve
of them and by when, and the support you have provided to help
them improve
● The agreed action plan has been in place for
long enough for the
employee to demonstrate some improvement
employee to demonstrate some improvement
● You have been clear to the employee about
what will happen if
their performance doesn’t improve
their performance doesn’t improve
● You have a clear audit trail of all of the
above.
4.
Formal Performance Improvement Plan – SMART objectives
You should develop a Formal Performance Improvement Plan before considering any formal disciplinary action. Here are the key components that go into such a Plan. PlusHR’s HR Manager can help you to create a plan. You can clearly explain that the consequence of not meeting the objective set in the plan may be formal disciplinary action.
5.
What if there is still no improvement in Performance?
If there is
still no improvement in performance, you may proceed to the formal stage of a
disciplinary process which involves:
● Inviting the employee in writing to a formal
disciplinary hearing,
giving reasonable advance notice
giving reasonable advance notice
● Allowing the employee an opportunity to be
accompanied
● Clearly setting out the reason for the
disciplinary hearing
● Allowing the employee to provide their
feedback and any
evidence before you make a decision on the level of sanction.
evidence before you make a decision on the level of sanction.
● Setting out the sanction at the end of the
meeting and following
up in writing.
up in writing.
● Allowing the employee the right of appeal
within 5 days of
receiving the decision in writing.
receiving the decision in writing.
6.
Sanction or dismissal?
UK employment law recognises that small businesses may not be able to sustain an underperformer for a lengthy period of time therefore the guidance above has taken this into account.
An employee
with less than 2 years continuous service (employed after 1 April 2012) is not
eligible to bring an unfair dismissal claim to a court other than that for
discrimination or breach of contract.
The
Experts
PlusHR are
team of HR professionals offering sound advice on all HR areas based on genuine
expertise. We can visit you on-site when you need us. We can support you with
designing a system for managing performance and help you to deal with
underperformance in line with UK employment law and best practice. Want to
know more, visit http://www.plushr.com/contact.
Source: http://www.plushr.com
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