The document outlines key aspects of performance management and employment practices, including engaging employees, managing underperformance, disciplinary processes, and the importance of probationary periods. It also discusses upcoming changes in employment law, such as shared parental leave, transparency in pay, and the potential for more apprenticeships. Overall, it emphasizes the necessity of effective communication and structured performance evaluations to improve employee engagement and retention.

1. Employment Breakfast Briefing
Coffin Mew
Employment Team
9 October 2014
www.coffinmew.co.uk

2. Employment Breakfast Briefing
 Performance management during employment –
Susy Perry
 Disciplining and dismissing under performers –
Holly Cudbill
 What’s on the horizon – Tabytha Cunningham

3. Performance Management
Presented
by
Susy Perry
Senior Solicitor
Employment Team

4. Engaging Employees
Benefits of managing performance:
 Improved staff retention - employees will feel that the work
that they do is of value and is recognised
 Reduced absence - employees will feel that their absence
will have a negative impact on the rest of the team
 Improved commitment, team spirit and output
 Demonstrates ongoing dialogue with employees
 Reduced management time dealing with under performers

5. Engaging Employees
Ways to positively engage with employees:
 Regularly communicate with employees
 Inform employees about the general objectives
and overall strategy of the business
 Tell employees how their work contributes to the
success of the business
 Provide a forum for employees to ask questions
and make suggestions
 Conduct regular appraisals

6. Performance Management
 Why aren’t we good at performance
management?
 We don’t know how to do it
 We’re not confident about having difficult
conversations with employees
 We’re worried that there are other reasons
which are affecting an employee’s
performance and therefore it could lead to
opening up “a can of worms”!
 We don’t have time!

7. Performance Management
 Why should we stop burying our heads in the
sand?

8. Recruitment Process
 Before an employee starts make sure you have:
 A carefully drafted job description
 Evidence of all relevant qualifications
 References
 A signed contract of employment
 An induction process

9. Probationary Period
 An initial period during which the employee’s
performance is assessed
 Advantages:
 Clear timeframe for review
 Ensures the employee understands their performance is
being assessed
 Shorter notice period during the probationary period

10. Probationary Period
 Contract of employment should cover:
 The duration of the probationary period
 A shorter notice period during the probationary
period
 The ability to extend the probationary period
 That the outcome of the probationary period
will be confirmed in writing

11. Dismissal during probationary period
 Common mistakes
 Assuming the employee cannot bring any
claims if dismissed during the probationary
period
 Raising concerns out of the blue at the end of
the probationary period
 Not making it clear that performance is the
reason for dismissal
 Not following any process to dismiss

12. Dismissal during the probationary
period
 Minimum process:
1. Invite the employee to attend a meeting and explain
concerns about performance
2. Confirm the reasons for dismissal in writing
3. Give the employee the right to appeal
 Remember employees don’t gain protection from
ordinary unfair dismissal until they reach 2 years’
service

13. Ongoing performance management
 Encourage line managers to deal with
performance on a day to day basis
 Remember it’s about recognising good
performance as well as addressing bad
performance
 Set standards/targets for all employees
 Review standards/targets for consistency

14. Appraisals
 Effective appraisal system:
 Focus on improving performance in the future
 Use the appraisal as a dialogue, not a one sided
process
 Do not generalise
 Do not be overly critical
 Agree areas to improve and keep a record

15. Disciplining and dismissing
employees for under performance
Presented
by
Holly Cudbill
Associate
Employment Team

16. What is poor performance?
 Missing targets
 Missing KPIs
 Missing deadlines
 Poor quality of work
 Bad attitude
 Attendance
 Time-keeping

17. Conduct v Performance
 Performance: can’t do the job
 Conduct: can do the job, choose not to
 What about grey areas?

18. Underlying factors
 Personal
 Medical
 Age
 Lack of training
 Lack of understanding
 Lack of ability
 Stress
 Too much work
 Personality clashes at work

19. Investigating the poor performance
 Meet with the employee
 Explain concerns
 Be prepared to back up what you’re saying
 Check if employee agrees
 Does employee have an explanation?

20. How can we help?
 Personal
 Medical
 Age
 Lack of training
 Lack of understanding
 Lack of ability
 Stress
 Too much work
 Personality clashes at work

21. Setting targets & reviewing
performance
 Be realistic
 Don’t set the employee up to fail
 Allow enough time to improve
 Be clear about the review period
 Be clear about how you will monitor and review
the performance
 Be clear about what will happen if the
performance does not improve

22. Sanctions
 First written warning
 Final written warning
 Dismissal
 Redeployment/demotion

23. Case Study
 Security guard. Calls to be made every hour on the
hour. More than 10 missed calls in a month, issue
warning. Security guard suffered from migraines
and the medication made him forgetful.
 April 29 missed calls – warning
 May 10 missed calls – final warning
 June 11 missed calls – dismissed
 Fair or unfair?

24. Procedure – the basics
 Invite employee to meeting, in writing
 Supply all evidence in advance of meeting
 Allow employee to be accompanied
 Take notes
 Write to employee to confirm outcome, including
any sanctions, targets and length of review period
 Give employee the right of appeal
 Follow the ACAS Code of Practice

25. Other options
 Redundancy
 Conduct
 Protected conversation & settlement agreement
 Retirement

26. Managing under performance - Dos
 Tackle poor performance
 Maintain a dialogue
 Keep records
 Have evidence
 Consider a capability procedure

27. Managing under performance –
Don’ts
 Ignore the problem
 Move the problem
 Let emotions get in the way
 Overstate the evidence
 Make assumptions

28. What’s on the horizon?
Presented
by
Tabytha Cunningham
Associate
Employment Team

29. Shared Parental Leave and Pay
 New System =
 Parents of children born or adopted on or after
5 April 2015 can take shared parental leave in a
combination of their choice
 Share parental leave entitlement =
52 weeks - number of weeks’ mother spent on
maternity leave
 Current maternity and paternity leave rules will
also continue

30. Shared Parental Leave and Pay
 New System =
 Parents of children born or adopted on or after
5 April 2015 can take shared parental leave in a
combination of their choice
 Share parental leave entitlement =
52 weeks - number of weeks’ mother spent on
maternity leave
 Current maternity and paternity leave rules will
also continue

31. Shared Parental Leave and Pay
 What do you need to know?
 Employees can request different patterns of leave mixed
with work
 Employees entitled to take parental leave
 Employees can only take discontinuous leave with
employer’s agreement
 Employees must give at least eight weeks’ notice of
request for leave - “booking notice”
 Two week discussion period after booking notice
received to discuss pattern

32. Shared Parental Leave
 What do you need to do?
 Update your:
 Maternity policy
 Paternity policy
 Adoption leave policy
 Consider how you are going to deal with pay
 Communicate the new entitlement to employees
 Consider how you are going to deal with requests

33. What’s on the horizon?
 Proposals for employment law - Labour
 Public sector bodies would be required to monitor and
publish the social background of their workers
 Large companies with over 250 employees would be
required to publish average pay for men and women for
each pay grade
 Minimum wage increased to £8
 Increased rights for the self employed
 More apprenticeships
 Abolition or change to Employment Tribunal fees?

34. What’s on the horizon?
 Proposals for employment law – Liberal Democrats
 Expansion of apprenticeships offering vocational education
 Encourage employers to provide more flexible working with
a “use it or lose it” month off for fathers
 Require companies with over 250 employees to publish
information on gender pay differences and declare the
number of people they employ on less than the living wage
 Look at increasing national minimum wage
 Clamp down on abusive practices for zero hours working

35. What’s on the horizon?
 Proposals for employment law - Conservatives
 Three million more apprenticeships
 Plan to scrap exclusive zero hours contracts which tie
people to a company without the guarantee of work
 New bill of rights and responsibilities to replace Human
Rights Act 1998
 Changing Britain’s relationship with the European
Convention of Human Rights and the European Court of
Human Rights in Strasbourg
 In/out referendum on Europe by 2017

36. The content of this presentation is for general information purposes
only. It does not constitute professional advice (legal or otherwise) nor
should it be used as such for any specific situation. The information
should be read in the context of the entire presentation. We therefore
cannot accept responsibility for any act and/or omission based on the
material contained in it.
© Coffin Mew LLP 2014