It is often thought that performance management is synonymous with appraisals, but ideally appraisals should be part of a wider system that ensures that performance management is a continuous coaching and review process. If effective, performance management will result in high performing teams and individuals, resulting in improved organisational performance.
We suggest that it is essential to create a culture in which employees and managers take responsibility for continuous improvement and to ensure a fair, consistent and transparent process is in place so that all employees are treated equally.
If a poor performer has not been managed by their 3 previous managers, are my hands tied now?
Absolutely not, but we would recommend you have a 'shot across the bows' meeting to draw a line in the sand and to set out what standards are required at least one month prior to commencing any formal disciplinary action.
If someone has a bad attitude at work and therefore their work is sloppy, is that poor performance or misconduct?
In terms of taking disciplinary action, you could pursue a route of either poor performance or misconduct, as long as you are consistent in your approach. However, we tend to advise clients that where something is wilful and controlled by the employee themselves, then that is misconduct, but where performance issues are down to something that the employee is not necessarily able to control, then that is more likely to be poor performance.
If we have given someone several formal, but undocumented warnings about their performance already, can any of those constitute formal warnings under the disciplinary procedure?
Probably not. For a warning to form part of the disciplinary procedures it must follow the minimum standards set out in the statutory discipline and dismissal procedures (DDPs) - call us if you need guidance.
If we know someone is a poor performer and that they are never likely to shape up, how long will it take to work through the procedure and dismiss them for poor performance?
In working through a procedure it is likely to be a minimum of 3 months and perhaps closer to 6, given that after each warning you have to give the individual time to try to improve, and after every warning they have the right of appeal. Someone with less than a year's service can be much quicker though. This is therefore not the quickest route to take if you feel that the working relationship has already broken down.
I have a manager who is not likely to handle a disciplinary hearing for performance very well. He tends to jump to too many conclusions and gets too impatient. Is there anyone other than the manager who can hold this meeting?
As long as you appoint someone who is sufficiently senior and competent, your hands are not tied in terms of who holds the hearing however, it would be sensible if the manager attended. Sometimes we are asked by clients to attend and chair meetings to support more junior or more inexperienced managers which is another option you have. A third option is to take this opportunity to give all of your line managers some training.
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