Blake Lapthorn Thames Valley HR forum - Oxford - 16 October 2012

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Blake Lapthorn's Employment team hosted the latest Thames Valley HR forum in Oxford on 16 October 2012 on the topic of performance management.

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Blake Lapthorn Thames Valley HR forum - Oxford - 16 October 2012

  1. 1. Managing Poor Performance Mike Wilson, Partner Blake Lapthorn
  2. 2. Why manage at all? If well managed we have: – Motivated employees. – A willingness to work. – A pride in working for the organisation. – A positive reflection on your business. – An ability to attract good recruits. – Leads to growth and profitability.
  3. 3. Why manage at all? Poor management means: – We risk our business. – Bad attitudes develop and go unchecked. – A negative culture. – Inward reflecting staff. – A lack of direction. – Leading to lost business opportunities and potential Employment Tribunal Claims.
  4. 4. How to avoid a day out to the EmploymentTribunal Manage performance before a problem arises Set the required standard. – Implied Contractual Terms. – Express Contractual Terms. – Non- Contractual Policies and Procedures. – Industry and Local Practice.
  5. 5. Effective steps in the management ofperformance Make Use of Probationary Periods. – New recruits – Existing Employees – Flexibility to extend? Importance of Appraisals and Feedback – Confront difficult issues (diplomatically!) – Keep a record
  6. 6. Where common problems arise and how toavoid a growing problem The Lazy Employee (lack of productivity or slowness). The Rigid Employee ( “inflexibility”). The Prickly Employee (failure to establish good working relations with colleagues or customers).Deal with the matter swiftly: Do not avoid the issue, it will get worse and will be harder to manage. Try to avoid a heavy-handed approach. Establish whether performance is really the problem?
  7. 7. Dismissing fairly for poor performance Is the reason capability? Reasonable belief in the employee’s incompetence? Undertake a reasonable investigation. Provide a chance to improve and set agreed objectives. What is a reasonable timescale for improvement? Support or training? Reviewing progress.
  8. 8. Poor performance hearings and the decisionto dismiss Notify the employee in writing. What to say. Don’t be hasty; but don’t delay.Deciding to Dismiss? Consider alternative employment?
  9. 9. Issues that commonly arise Is it possible to dismiss instantly for a single act of incompetence? Lapses after improvement? Can a final written warning be given for the first instance of poor performance? Is it acceptable to use a Compromise Agreement as an alternative to the capability procedure?
  10. 10. Scope of claims by employees Breach of Contract Unfair Dismissal Discrimination and Harassment
  11. 11. Managing Poor Performance Mike Wilson, Partner Blake Lapthorn DDI : 01865 258006 Email : mike.wilson@bllaw.co.uk

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