Performance Management – How do you tackle underperforming staff? Thursday 13 June 2019 Graham Vials New castle | Leeds | Manchester
2 Housekeeping New castle | Leeds | Manchester
3 The Big Questions… How can you avoid formal performance management? New castle | Leeds | Manchester
4 Answer:- Make sure that all employees: • are aware of what is required of them; • receive regular feedback on their performance; and • line managers/supervisors communicate openly with the employees they manage in order to address any issues with performance at an early stage. New castle | Leeds | Manchester
5 Answer:- Set expectations at an early stage by: • Conducting a robust induction process in which the duties of the role and the performance levels required is made clear at an early stage. • Use of probationary review periods in order to monitor performance and identify any issues. • Consider whether any initial support/training is necessary for the individual to perform their role. New castle | Leeds | Manchester
6 Answer:- Provide Feedback: • Regular feedback is an important part of informal performance management. • Line managers/supervisors should be trained in how to deliver feedback and the best way to approach potentially difficult conversations. If someone is doing something wrong then this should be explained to them and the correct approach explained. • Consider the approach - One to one? As part of a regular team meeting? New castle | Leeds | Manchester
7 Answer:- Provide Feedback: • Regular feedback is an important part of informal performance management. • Line managers/supervisors should be trained in how to deliver feedback and the best way to approach potentially difficult conversations. If someone is doing something wrong then this should be explained to them and the correct approach explained. • Consider the approach - One to one? As part of a regular team meeting? New castle | Leeds | Manchester
8 The Big Questions… Why is performance management necessary? New castle | Leeds | Manchester
9 Answer:- Research by Gallup suggests that employees spend as little as 15% of the working week engaged in productive work. To optimise this time, and to secure discretionary effort, schools must create a culture that allows the workforce to innovate and gain knowledge through experience and experiments where it is safe to fail. The team should be aiming to not only do their job – but improve the way it is done. https://www.gallup.com/corporate/212381/who-we- are.aspx New castle | Leeds | Manchester
10 Answer:- A well-structured internal performance management framework ensures that: • Goals are prioritised (Plan). • Resources are allocated and managed effectively (Do). • Working conditions are optimised and improved through regular reviews and feedback (Check). • Improvements to systems and processes are fed back into the planning cycle (Act). New castle | Leeds | Manchester
11 The Big Questions… Examples of poor performance? New castle | Leeds | Manchester
12 Answer:- Poor performance can take many different forms, but some common examples include: • Mistakes. • Lack of productivity or slowness. • Inflexibility. • Failure to establish good working relationships with colleagues or parents, pupils etc. New castle | Leeds | Manchester
13 The Big Questions… Performance or misconduct? New castle | Leeds | Manchester
14 Answer:- We need to establish:- • Whether Can’t do • Or Won’t do • Carelessness, negligence or idleness may be a conduct issue instead? New castle | Leeds | Manchester
15 The Big Questions… Are formal appraisals necessary? New castle | Leeds | Manchester
16 Answer:- Yes New castle | Leeds | Manchester
17 Answer:- But only if done properly (separate approach for teachers... STPCD) • Just going through the motions. • Missed appraisals from year to year. • Not documented. • Overly positive to avoid confrontation. • Nothing said all year – then hammered. • No goals set. • Inconsistent treatment. New castle | Leeds | Manchester
18 Answer:- The appraisal should:- • Set goals, or performance objectives that the individual is expected to achieve over the course of the coming year. • Identify any support they may require form the school in order to do so. • Make sure concerns are documented. • In a tribunal hearing “ an ounce of documents is worth a tonne of recollection ”. New castle | Leeds | Manchester
19 Regular informal meetings Discuss current work and development and provide feedback including praise and or concerns Annual Appraisal Formal interim reviews The work of the year is Discuss progress against discussed and feedback their performance plan is given New castle | Leeds | Manchester
20 The Big Questions… What are the first steps? New castle | Leeds | Manchester
21 Answer:- In terms of first steps:- • Check and follow your policies. • However, most are too cumbersome, too complex… • Usually a different approach for teachers / support staff? • Try and resolve concerns in an informal way if possible – before proceeding to formal performance management route. • If you go too aggressive too quickly – expect sickness absence… New castle | Leeds | Manchester
22 Answer:- Dealing with the problem at an early stage:- • An employee is more likely to turn their performance around if concerns are highlighted at an early stage than if matters are left to fester. • If offering training and support results in a positive outcome, this is less time-consuming and costly than going through a poor performance dismissal procedure and recruiting a replacement. • Being able to demonstrate that an employee has been given support and the opportunity to improve will greatly improve your chances of effecting a fair dismissal and avoiding an expensive Employment Tribunal claim. New castle | Leeds | Manchester
23 The Big Questions… What does an informal approach involve? New castle | Leeds | Manchester
24 Answer:- Informal approach:- • Discuss the concerns that have arisen and make it clear what improvements are required, within what timescales. • Check if any additional support or training is required. • Draw a line in the sand and make it clear what is expected. • Explain what may happen if performance does not improve – i.e formal action. • Monitor performance to determine whether or not the required improvements are being made. New castle | Leeds | Manchester
25 Answer:- Informal approach:- • An effective way in which to document this informal stage of the process is to put in place a performance improvement plan (PIP). New castle | Leeds | Manchester
26 The Big Questions… What if we just want to dismiss? New castle | Leeds | Manchester
27 Answer:- Short serving employees:- • Less than 2 years service? • Careful… 2 years less one week (103 weeks) • Consider Trade Union relations • Consider claims which can still be brought without 2 years service • Discrimination, whistleblowing, H&S, statutory right, flexible working. • Consider continuous service? New castle | Leeds | Manchester
28 Answer:- Longer serving staff – or if risks identified:- Formal process will be necessary. 1. Set the required standards / targets / timeframe. 2. Monitor against targets. 3. Assuming failed targets - Invite to formal meeting. 4. Consider outcome - Issue first written warning and reset targets. 5. Repeat steps 2, 3, 4 (final written warning, then dismissal). New castle | Leeds | Manchester
29 Answer:- ACAS code:- • The Acas Code recommends that at least two warnings are given before an individual is dismissed for poor performance. New castle | Leeds | Manchester
30 The Big Questions… Can employees reopen previous warnings? New castle | Leeds | Manchester
31 Answer:- Previous warnings:- • Employees who have already received a final written warning may sometimes try and argue (either at the stage of dismissal, or later, in tribunal) that the earlier warning had been unfairly given and that the employer should have ignored it and therefore not dismissed the employee. New castle | Leeds | Manchester
32 Answer:- Previous warnings:- • However, there are limits to the extent to which an employer can be expected to revisit what has taken place at an earlier stage in the process. • Court of Appeal recently held that it is not the Tribunal's to re-open the final warning; it is merely to determine whether the warning is a circumstance which a reasonable employer could reasonably have taken into account. Relevant factors will be whether the warning was issued in good faith, whether there were prima facie grounds for giving it, and whether it was manifestly inappropriate. New castle | Leeds | Manchester
33 The Big Questions… Is performance really the issue? New castle | Leeds | Manchester
34 Answer:- Other causes of performance issues:- • Ill-health or disability. • Problems with child care or caring responsibilities. • Poor management within the team. • Harassment or bullying by a manager. • Excessive workload leading to inability to deliver and stress for the employee New castle | Leeds | Manchester
35 New castle | Leeds | Manchester
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