Poor Performance

A key part of a managerial role to get the best out of the people in your team and that means addressing any problems with the way in which individual members are working. Employees have a contractual duty to be competent and perform their role in an acceptable way. Where this is not happening, you are entitled to intervene with a view to improving the performance of the employee.

The cost of getting this wrong can be significant, not only in terms of claims for unfair dismissal or discrimination, but also in terms of the cost to the business of performance issues not being addressed effectively. Examples of underperformance include unacceptable standards of work, low productivity, poor output and failure to complete objectives.

Managing poor should not be all about dismissing a team member (albeit at times this is the result), but ensuring they are given the right support, leadership and environment to be successful in their role. In general, performance management becomes difficult when issues are left and not dealt with at the appropriate time.

Things to consider:

How many years’ service does the employee have? Claims for unfair dismissal can generally be brought only be an employee who has two years continuous service. However, in dealing with poor performance it is essential that you act fairly, show no favouritism to individuals and avoid committing any discrimination based on the protected characteristics set out in the Equality Act 2010.
Do you have a performance management policy?
What performance measures do you have and how do you know they are unsatisfactory?
Have you communicated and fedback that there is a performance issue and what specific performance objectives are unsatisfactory?
Have you given them an opportunity to raise concerns and look at possible solutions for improvement?
Have you addressed any barriers with them and identified ways that they can be overcome?
Have you been clear on areas of improvement and timeframe?
Have you kept notes of the meeting and given them a copy?
Have you been clear about what happens if there is no improvement in the agreed timescale?
Where no improvement is made, have you considered moving to a formal procedure?
Where no improvement is made, have you considered what the outcome will be (dismissal/warning/demotion?)
Have you offered an appeal if the formal procedure has been followed?
Where a grievance is raised at the same time as managing performance, this can generally be dealt with concurrently, but it is advisable to seek HR advice.
Have you considered the use of a settlement agreement, which is a formal, legally binding agreement made between you and the employee in which the employee agrees to not pursue claims in relation to their employment or it’s termination, in return for a financial settlement. This requires specific steps, and it is worth getting HR support to help you through the process.

If you need HR help and support, then get in touch.
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Examples of support we can provide:

Review your current performance management policy and ensure it is legally compliant.
Draft and implement new procedures to meet the needs of your organisation.
Directly manage or support you through all the stages involved including meetings, outcomes, appeals, note taking.
Draft any associated paperwork including the drafting of legal documents such as settlement agreements.