8 tips for Managing Poor Performance
Charlotte Ollerenshaw, an associate specialising in Employment Law, explains how to handle under-performance in the workplace.
1. Set clear expectations of how staff should perform and conduct themselves.
2. Hold 1:1’s and appraisals to provide staff with support and training and spot problems early.
3. Make use of probationary periods, as they should reduce notice periods.
4. Ensure you have a disciplinary and grievance procedure in place (and that staff know where to find it!).
5. The legal process is the same for misconduct and performance management; have an investigation, invite the employee to a meeting (with at least 48 hours’ notice), hold a (disciplinary or performance management) meeting, confirm the outcome and right to appeal in writing.
6. The differences for performance management are that the employee must be given the opportunity (and a reasonable period) to improve and this is dependent on the individual and job role.
7. If you are unsure whether informal or formal performance management will work, start the formal process sooner rather than later as any informal action cannot be relied upon later.
8. ALWAYS follow the ACAS Code of Practice on Disciplinary and Grievance or risk a 25% uplift on any compensation awarded at the Employment Tribunal.