Overview
An employee should be provided with enough time to improve his or her performance. The length of time will depend on the circumstances such as the seniority of the employee, the time it will take to undergo further training and the impact that poor performance is having on the business. Performance concerns should be addressed in a way that is positive, fair and non-discriminatory. If a performance issue appears to be linked to an employee’s attitude then the disciplinary procedure may be more appropriate. If a performance issue appears to be linked to an employee’s health then appropriate medical advice will be required.
Informal counselling
In most cases performance issues should be addressed informally in the first instance. Discussions should focus on explaining the performance concern with reasons/examples to support management’s view. Performance concerns may result from missed production targets/quality issues, complaints or criticisms by others.
Attempts should be made to engage the employee in a performance improvement plan. This might include training, general assistance, increased supervision, encouragement and review.
Formal process
If informal counselling does not lead to performance improvements then a formal process will be necessary. Each stage of the formal procedure should be documented. The formal process must comply with the ACAS Code
Deviating from the ACAS code may lead to unfairness in any subsequent dismissal.
A letter inviting the employee to a meeting and outlining the performance concerns is required. The employee should be informed that he or she has the right to be accompanied by a colleague or a trade union representative.
At the meeting the employee should be reminded of the previous action plan, the precise performance concerns and provided with an opportunity to put forward his or her point of view. If the employee wants to call relevant witnesses then this should be permitted.
A decision needs to be made about issuing a formal warning and consideration to a further action plan. If a formal warning is appropriate then the employee must be warned of the consequences of a failure to improve. This will include further warnings or, if relevant, termination of employment.
The decision should be confirmed to the employee in writing.
The employee must be provided with enough time to improve his or her performance. The length of time will depend on the circumstances such as the seniority of the employee, the time it will take to undergo further training and the impact that poor performance is having.
If the employee’s performance does not improve, he or she should be taken through a series of staged warnings like those under the disciplinary procedure i.e. verbal, written, final written warnings. If there is no improvement, and dismissal may result, consider any alternatives such as redeployment. If redeployment is to a lower level job on less pay then the employee’s agreement must be obtained. If redeployment is not possible, dismissal should be considered.
Employees should be given a right of appeal at all stages of the formal process. A more senior manager, who has not previously been involved in the process, should hear the appeal.
This briefing note should not be relied on as legal advice. The information relates to the UK only. Please contact us for advice on your specific circumstances.
