Are You Up to Date with Employment Law?

On 12 October 2017 we ran our latest Employment Law update workshop, to take our clients and contacts through the latest changes.

Here are some of the issues that we discussed, that you might need to know about for your business and employees.

Female managers earn less than their male colleagues. Data has been released showing that female HR managers earn on average £4500 less than their male counterparts. That’s a gender pay gap of 10% for doing the same job. Across all management roles, female managers earn £12000 less than their male colleagues – a gap of 26.8%. The new gender pay gap reporting rules require all companies with more than 250 employees do disclose the difference between average male and female hourly pay by April 2018. According to certain sources, so far only 77 companies have published their data – out of 7850 that will have to.

A new corporate offence of failing to prevent tax evasion came into effect on 30 September 2017. The offence covers organisations that fail to prevent instances when their associates, including employees, agents and service providers facilitate tax evasion. Organisations may be criminally liable if:

  • their client committed tax fraud
  • one of their associates deliberately and dishonestly facilitated the fraud or
  • the organisation failed to prevent its associate from facilitating fraud.

Organisations can defend themselves by putting in place procedures such as risk assessments, due diligence assessments and fraud prevention policies and procedures.

Tribunal fees have been reversed. The Supreme Court has agreed that it is unlawful to charge tribunal fees, so they are no longer payable by a claimant on bringing an employment tribunal. All those claimants who have paid fees since they were introduced are to be reimbursed – that means that £32 million will be repaid!

Injury to feelings. The Vento Bands used to determine levels of compensation for injury to feelings in discrimination cases have been adjusted for claims issued on or after 11 September 2017 as follows:

  • Lower band – £800-£8400
  • Middle band – £8400-25200
  • Upper band – £25200-£42000 and exceptional cases over £42000.

General Data Protection Regulation (GDPR). The GDPR requires that personal data be processed according to many of the same principles as under the current Data Protection Act 1998. The GDPR also has new requirements:

  • that restrict the use of consent as a justification for processing data
  • on demonstrating compliance through the documentation of data processing activities
  • on adopting organisational measures for data protection such and policies and practices, and
  • on providing more information to employees and job applicants on the purpose and legal grounds for collecting their data and their rights in relation to their personal data.

There is still much to find out about GDPR and how it will affect your business, so we’ll cover this in more detail at our next workshop in 2018.

In the meantime, if you need any more advice on any of these topics, please do get in touch by calling 0118 940 3032 or emailing me here.

It’s Time to Stamp Out Bullying at Work!

The issue of bullying and harassment at work is a serious matter. The CIPD published a study showing that 13% of employees reported having experienced bullying or harassment at work in the previous 12 months. Yet many managers assume that the problem does not exist, often because no one has complained. A belief or assumption that bullying and harassment do not happen is probably the biggest barrier to tackling the problem.

Many employees may be reluctant to report instances of bullying or harassment out of fear of damaging working relationships with their colleagues, fear of reprisals, embarrassment or worry that they may be perceived as troublemakers. It is important for managers to bear in mind that just because no one has complained does not mean that bullying or harassment is not taking place.

Let’s look at what you can do to deal with bullying and prevent it from happening.

What is Bullying?

Bullying at work is behaviour that is:

  • threatening, aggressive or intimidating;
  • abusive, insulting or offensive;
  • cruel or vindictive; or
  • humiliating, degrading or demeaning.

Bullying will inevitably erode the victim’s confidence and self-esteem. It normally relates to negative behaviours that are repeated and persistent, and deliberately targeted at a particular individual. It is often an abuse of power, position or knowledge, and may be perpetrated by the victim’s manager, peers or even subordinates.

The following table gives some examples of behaviour that could be perceived as bullying.

What about Harassment? 

Harassment is unlawful if it relates to sex, gender reassignment, race (which includes colour, nationality, ethnic or national origins), religion or belief, sexual orientation, disability or age.

The right not to be harassed at work extends to all workers, so agency temps, casual staff and contractors are all protected.

Employees can complain of harassment even if the behaviour in question is not directed at them. This is because the complainant does not actually need to possess the relevant protected characteristic. An employee can complain of unlawful harassment if they have experienced:

  • harassment because they are related to or associated with someone who possesses a relevant protected characteristic; or
  • harassment by a colleague who has the mistaken perception that they possess a relevant protected characteristic.

For example, an employee could complain of harassment where it relates to the fact that they have a homosexual family member or is wrongly perceived to be homosexual. In addition, harassment could occur where a protected characteristic is used as an excuse for the behaviour, even if the perpetrator does not believe that the employee possess the protected characteristic. For example, a line manager may harass a colleague if he teases him about a learning difficulty, even if he does not have a learning difficulty and the line manager knows that he does not.

It is also unlawful to engage in unwanted behaviour of a sexual nature, or to treat a person less favourably because they have rejected or submitted to unwanted conduct of a sexual nature or unwanted conduct related to sex or gender reassignment.

How Can You Stamp Out Bullying and Harassment? 

As an employer you should have and put into effect an anti-bullying/harassment policy. You need to make sure that all your employees know that bullying and harassment at work will not be tolerated and that all instances of such behaviour will be viewed as misconduct, leading to disciplinary action up to and including summary dismissal. 

You should also have a well-publicised complaints procedure, to provide a clear route for employees who believe that they are experiencing bullying or harassment at work to raise the matter without fear of recrimination and have it dealt with.

All your managers and supervisors should receive training in how to prevent and deal with bullying and harassment in the workplace. The training should include an overview of the relevant legislation and what it means and the measures needed to deal fairly and effectively with instances of harassment should they occur. Further, all your staff should, ideally, receive basic harassment awareness training.

You should also make a confidential record of any complaints of bullying or harassment that arise. Once a complaint has been effectively dealt with, you must follow up to ensure that working relationships have returned to normal and that no further harassment is taking place. 

As with most people issues, the best way to deal with bullying and harassment is straight away. Stamp it out immediately so that it does not escalate into a more serious problem and make it clear to your employees that it will not be tolerated.

If you think you’re being bullied at work, or that bullying is happening in your workplace, please do get in touch with me straight away for a confidential conversation. Call me on 0118 940 3032 or click here to email me.

Source: XpertHR

What Are the Benefits of Appraisals?

Appraisals are a two-headed process of looking backwards to analyse past job performance and also looking forward into the future with a view to improving future performance.

The overall objective of an effective appraisal scheme should be to help each of your employees to maximise their job performance for the joint benefit of that employee and your organisation.

This blog aims to help line managers to understand the processes involved in conducting effective appraisals.

The Purpose of appraisals

The main purpose of an appraisal scheme should be to assist employees to improve their performance. This will be of benefit to both the employees and the organisation.

An appraisal scheme may be designed to include some or all of the following elements:

  • a review of the employee’s past performance
  • discussion of the employee’s strengths and weaknesses
  • discussion of any problems and constraints, with a view to identifying solutions
  • a review of the extent to which the employee has achieved set targets
  • discussion of appropriate targets for the forthcoming year
  • identification of training and development needs in relation to the employee’s current job
  • identification of training and development needs in relation to a job that the employee may do in the future
  • a review of the employee’s long-term potential
  • a discussion about the employer’s future plans and
  • a discussion about the employee’s future ambitions and plans.

The Benefits of Appraisals

If carried out effectively, a staff appraisal scheme will provide benefits for the individual, the line manager and the organisation.

What are the Problem Areas to Look For?

While appraisal schemes have many potential benefits, it is useful for line managers to appreciate the negative issues that they may sometimes raise.

  • If appraisal is linked to the organisation’s pay review process, discussions may become focused on pay instead of performance. Pay reviews are therefore best kept separate from performance appraisal.
  • The line manager may be tempted to use the appraisal interview to raise disciplinary matters. If there is a problem with an employee’s conduct or performance, the matter should be raised with the employee at the time the problem arises, and not stored up for the annual appraisal interview.
  • Managers may be reluctant to deliver criticism on a face-to-face basis, perhaps because of a fear that the employee might react badly, become defensive or even respond negatively to the whole process of appraisal.
  • Line managers may not work closely with their staff and may not therefore have the necessary insight into their performance or strengths and weaknesses. If this is the case, it will be vital for the line manager to talk to the employee’s immediate supervisor to gain the necessary feedback.
  • Personal likes and dislikes can affect the outcome of appraisal interviews, unless the line manager has a sound awareness of these, and is able to put them to one side and view the employee’s abilities objectively.
  • An employee may believe that the line manager holds prejudices against him or her, perhaps as a result of a personality clash or because of disagreements over the year.
  • Some employees are intrinsically suspicious of appraisal.

If you need more advice about appraisals, you can listen to the free webinar that we ran in October 2017. Click here to register your details and you’ll be able to listen to the webinar straight away.

Source: XpertHR

What Can You Do If Your Employee Goes Off Sick During a Disciplinary Procedure?

It is not uncommon, during disciplinary proceedings, for the employee in question to go off sick, whether at the start of the investigation of the charge or during the process itself. The key is for you, their employer, to manage the situation carefully, to avoid any suggestion that you are acting unfairly. At the same time you need to keep the disciplinary process intact until it reaches a conclusion.

If an employee goes off sick either when they are first informed of the disciplinary charge, or at any point during the investigation, you should continue with the investigation as far as possible, in their absence. This means that you should interview and take statements from any other witnesses to the disciplinary matter, before memories start to fade. The investigation should be completed in all respects, except for any enquiries that need to be made of the employee in question.

Seeking Medical Advice

Where the employee’s sickness absence is due to a minor or short-term condition, such as a cold or flu, this is unlikely to cause you any great difficulty. You should just wait for your employee to return to work and continue with the disciplinary process when they are back.

Where the employee’s absence seems likely to be more prolonged, you may want to get confirmation from a medical professional as to whether or not the employee is well enough to take part in a disciplinary process. An employee who is too sick to attend work may be well enough to attend an investigatory meeting or a disciplinary hearing. A medical opinion should be obtained from the employee’s GP, from a company doctor or from an occupational health adviser.

If the employee is likely to be off sick on a long-term basis and is not well enough to undergo any part of the disciplinary process in the meantime, you might have to put the disciplinary proceedings on hold and advise the employee that the matter has been placed on hold pending their recovery.

You can also invite your employee to make written submissions, rather than attending a disciplinary hearing in person, or allow them to nominate a representative to attend the hearing for them.

When is it Fair to Go Ahead?

Factors that will help you to decide whether or not it is fair to proceed with the disciplinary process without the employee include:

  • the importance of dealing with the disciplinary matter promptly
  • how long the employee has been off sick and whether or not there is any likelihood of a return to work in the near future
  • whether or not a long delay in dealing with the matter might be detrimental to other employees.

There is risk involved in holding a disciplinary hearing and dismissing an employee in their absence, when they are off sick, as a tribunal may find that the dismissal is unfair. The tribunal may consider that if the employee had been given the chance to answer the disciplinary charges, they would not have been dismissed.

How Can You Adjust the Normal Procedure?

You can adjust the standard disciplinary procedure by taking any of the measures below, which can help to encourage the employee to attend and take part in the process:

Venue – think about holding the disciplinary hearing at a venue that will reduce the stress caused or to accommodate any physical needs.

Representation – where it appears that the employee’s illness may affect their ability to explain their case, they may be represented in the process by a colleague, union official or someone else approved by you.

Written representations – where the employee has difficulty in explaining their case, you could allow them to rely on written representations.

Documentation – make sure that the employee receives all documentation relating to the disciplinary process well in advance to allow them to prepare fully, taking into account any effect that the employee’s health may have on their abilities.

Timings – matters should be dealt with promptly, but you can allow extra time for any stage of the process, including the duration of a disciplinary hearing and the need to take appropriate breaks.

The Legal Issues

The priority in handling any disciplinary process is to give your employee a fair hearing. The only way of absolutely guaranteeing this, is for the employee to attend and participate in a full disciplinary hearing.

It is therefore best if you can make every effort to adjust the process so that your employee is able to take part. Only when all the other options have been considered, should you conduct the hearing in the employee’s absence. The following principles of natural justice must be followed:

  • the employee must know what they have been accused of
  • the employee must be allowed to state their side of the case
  • you must give fair and impartial consideration to the employee’s side of the story.

Finally, the opportunity to appeal is even more important where the employee has been denied the opportunity to attend a disciplinary hearing in the first place. A full appeal hearing can ‘cure’ any unfairness in the disciplinary hearing itself, so it is in your interests for a full appeal hearing to take place if possible.

Handling disciplinary procedures can be tricky at the best of times. They are only made harder if the employee in question goes off sick during the process. As an employer, you need to make doubly sure that you follow your company procedure for the fair treatment of your employees. If you’re in any doubt about how to handle a disciplinary procedure, please contact me for some advice first. You can call me on 0118 940 3032 or email sueferguson@optionshr.co.uk.

How Do You Handle Employee Suspension? Part Two – What Happens Next?

In a previous blog, which you can read here, we looked at how best to handle suspending an employee. There are certain principles that you need to consider, before you can move on to other considerations. We’ll cover these in this blog.

The Length of Suspension

In line with the Acas code of Practice on disciplinary and grievance procedures, the period of suspension should be kept as brief as possible, and its continuance kept under review. Where possible, you should tell your employee how long the suspension is expected to last, and update them as to the progress of the investigation and any delays. The suspension should be lifted immediately if the circumstances of the case no longer justify it.

Pay and Benefits

Your employee should be fully paid during a period of suspension, unless there is a clear contractual right to the contrary. All other benefits should also continue unless the contract states otherwise.

The Risk of Constructive Dismissal

If you impose an unjustified period of suspension, this may amount to a breach of the implied term of trust and confidence, entitling your employee to resign and claim constructive unfair dismissal. Whether or not you are in breach of this implied term will depend on the circumstances of the particular case. Suspension of an employee may put you at risk of such a claim if, for example:

  • the suspension is imposed without reasonable and proper cause
  • it is imposed in an unreasonable way
  • the suspension is unpaid, in the absence of a contractual right for it to be without pay
  • there is an unnecessarily protracted period of suspension
  • the employee who is suspended is permanently replaced.

The Conclusion of the Investigation

On completion of the investigation, you must decide whether or not there is sufficient evidence to justify disciplinary action. If there is, you should follow your disciplinary procedure and the Acas code of Practice as soon as you can. It may be appropriate for you to keep your employee suspended until the disciplinary procedure is complete if the circumstances still justify it.

If no disciplinary action is needed, you should lift the suspension and ask your employee to return to work without delay. It may be that they feel aggrieved by the period of suspension, so it is advisable for you to have a return-to-work meeting to enable your employee to discuss any concerns that they may have and allow you to address these concerns. You should assure your employee that the period of suspension has not affected their position, or continued employment, and that they will not suffer any future detriment as a result of the suspension.

As with any tricky situation with a member of staff, if you have any concerns about the best course of action to take, please get in touch with me for some confidential advice, before taking any action. It is vital that you follow correct procedures. Call me on 0118 940 3032 or email sueferguson@optionshr.co.uk.

How Do You Manage Employee Probation Periods? Part One

By setting a probationary period, as an employer, you can let newly recruited employees know that their performance will be under continuous review during the first weeks and months of employment. It also lets them know that their continued employment is subject to them completing the probationary period. This can help you to manage the employee’s expectations and their relationship with you, as their employer.

Length of Probationary Period

The length of a probationary period will depend on the position and your requirements. A role requiring a high degree of skill and responsibility is likely to need a longer probationary period than one with limited skills or responsibility. Probationary periods are typically between three and six months.

You should set out in writing to your employee that the position is subject to satisfactory completion of a probationary period. You should also specify the length of the probationary period, how progress will be monitored and reviewed and that the probationary period may be extended.

It is important for you to set out employees’ roles and responsibilities at the outset and to go through a comprehensive induction process.

It is advisable for you to hold frequent review meetings or one-to-ones with your new employees to provide progress updates, encouragement and support and to identify training needs. If performance issues are identified during the probationary period, you should consider whether or not extra training or coaching would be appropriate, rather than leaving it to the end of the probationary period before addressing performance issues.

Statutory Employment Rights

Probationary periods have no legal status and an employee who is on probation has the same statutory employment rights as other employees. It is the length of continuous service that defines an employee’s statutory employment rights, including his or her rights in the event of dismissal.

Probationers are entitled to:

  • the national minimum wage
  • statutory sick pay
  • rights under the Working Time Regulations
  • annual leave entitlement
  • family-related rights in the same way as other staff.

Dealing with Disciplinary Issues

Employers often don’t apply their formal disciplinary procedure to employees on probation. To avoid ambiguity, where you do not want to follow your full procedure, you should make clear, in writing, in the contract and/or disciplinary procedure, that there is no contractual obligation for you to do so.

As probationers do not normally have sufficient service to claim unfair dismissal, they cannot challenge the procedural fairness of a dismissal in the employment tribunal.

However, a probationer could claim that a dismissal was for an automatically unfair reason or for reasons that amount to unlawful discrimination. Therefore, where an employee on probation is suspected of misconduct, you should investigate further before taking action. If you prejudge the situation and dismiss the employee without going through your disciplinary process and giving the employee the opportunity to explain his or her version of events, this could increase the risk of a claim of unlawful discrimination or automatically unfair dismissal. You will be in a better position to argue that the reason for dismissal was the employee’s misconduct if you investigated the matter and can show reasons behind its decision to dismiss.

Extending the Probationary Period

Where an employee has not reached the required standard of performance by the end of the probationary period but you recognise that there is potential for improvement, you might choose to extend the probationary period. The right for an employer to extend the probationary period should be set out in the contract or offer letter, which should also make clear the terms and conditions that will apply during the extension period.

The extension should be for a reasonable period, taking into account how long it might take him or her to complete an improvement plan. You should discuss your employee’s performance and why you are extending the probationary period with him or her and allow the employee to put forward any explanation for the performance issues.

The extension should be agreed and arranged before the original probationary period ends.

Sickness Absence

Sickness absence during a probationary period will need to be monitored and managed in the usual way. Where the absence is frequent and/or long term, this may make it difficult for you to assess the employee’s performance during the course of the probationary period because of their reduced attendance.

You will need to consider whether to: terminate the contract due to the employee’s failure to complete the probationary period satisfactorily; extend the probationary period to give the employee more time to demonstrate his or her suitability for the job; or confirm the employee in post regardless of the absence.

You should investigate the sickness absence to find out if it is due to a disability under the Equality Act 2010. If it is, but you dismiss the employee for failing to complete the probationary period satisfactorily, they may have grounds to bring a disability discrimination claim. You would need to be able to justify your actions.

In part two of this series of blogs, we’ll look at what to do if all goes well through the probation period and you decide to keep your new employee on. If you need any advice now about how to handle probation periods, get in touch by emailing sueferguson@optionshr.co.uk or calling me on 0118 940 3032.

How Do You Handle Employee Suspension? Part One – Practice and Principles

In cases of alleged misconduct by one of your employees, in order to ensure that any dismissal is fair, you should investigate the matter to determine whether or not disciplinary action is necessary. The fairness of the dismissal depends on whether or not there is a fair reason for dismissal and, in the circumstances, whether or not you, as the employer, acted reasonably in treating it as a sufficient reason for dismissal. How you investigate the matter will be relevant to whether or not you acted reasonably.

In some cases, it may be appropriate for you to suspend an employee from work pending the completion of the investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.

The Acas code of Practice

The Acas code of practice on disciplinary and grievance procedures provides practical guidance on dealing with disciplinary and grievance issues in the workplace. The code states that employers should pay a suspended employee during the period of suspension, keep the suspension as brief as possible and keep the suspension under review. You should make clear that the suspension is not disciplinary action in itself.

The non-statutory guidance that accompanies the code says that suspension may be necessary, for example:

  • where relationships have broken down
  • in cases of gross misconduct
  • where there is a risk to an employee or company property, or responsibilities to other parties, or
  • in exceptional cases, where there are reasonable grounds to suspect that evidence has been tampered with or destroyed, or witnesses pressurised.

General Principles

While it is preferable for you to have a contractual right to suspend an employee, where the circumstances justify it, you can still suspend without one. You should ensure that the employee suffers no detriment as a result of its decision to suspend, and as such, the employee should be fully paid and benefit from the same terms and conditions of employment throughout the suspension.

If the contract of employment contains a procedure that applies to the suspension of an employee, you should ensure that you comply with it, as a failure to do so may enable the employee to claim breach of contract, and/or to resign and claim constructive unfair dismissal.

As an employer, you should not suspend an employee without just cause. It is not appropriate to suspend simply because investigative enquiries are being made, where the particular circumstances don’t require it. If it is necessary to remove the employee from, for example, contact with particular colleagues or clients, you should consider if suspension can be avoided by using a less drastic measure, for example a temporary change to the employee’s duties or department.

Where the circumstances of a case justify suspension, you should advise the employee of the reason for the suspension, how long it is likely to last, and that it is a neutral act that does not indicate guilt. You should make clear to the employee that the suspension is not disciplinary action in itself, and that disciplinary action will not necessarily follow.

You should also aim to keep the suspension and the reason for it confidential, so as not to cause damage to the employee’s reputation, particularly as the investigation will not necessarily result in disciplinary action. Where it is necessary to explain the employee’s absence, you may consider discussing with the employee how he or she would like this to be communicated to clients and colleagues; this may be appropriate particularly if the employee holds a senior position. Where the employee’s colleagues are aware of the suspension and/or the disciplinary issue, for example if they are witnesses or involved in the investigatory process, you should explain that the suspension is a precautionary measure while the matter is being investigated, and that it will not necessarily result in disciplinary action. Employees should be encouraged to treat the matter as confidential. You may wish to provide managers with a statement confirming how to respond to queries relating to the suspended employee’s absence, to ensure that a consistent message is communicated.

Think that you might need to suspend one of your employees? Call me first, before you do anything! We can discuss the situation in complete confidence, to help you make the best decision. Call me now on 0118 940 3032.

Six Common Summer Employment Issues

With high temperatures possible during the summer months, in this blog we’ll look at some employment law scenarios that you may have to deal with, as an employer.

Maximum office temperatures – The Workplace (Health, Safety and Welfare) Regulations 1992 state that the temperature in the workplace needs to be “reasonable”. However, there is no maximum temperature. What is reasonable will depend on the nature of your workplace and the work being carried out by your employees. Factors such as whether or not the work is strenuous or physical will need to be taken into account.

Unauthorised time off – If a holiday request is refused but your employee goes ahead and takes the time off anyway, it’s important not to jump to conclusions. You should carry out an investigation to establish whether or not the absence was for genuine reasons. If, however, there is no credible explanation from the employee, it may become a disciplinary issue and your disciplinary process will need to be followed.

Summer dress codes – It may be reasonable for you to adopt a more relaxed dress code during the summer months. However, the extent to which your employees may be allowed to dress down when the temperature rises will in part depend on the role he or she performs.

In the case of customer-facing roles, certain standards of presentation may need to be maintained. For health and safety reasons, it may be necessary for employees to continue to wear protective clothing, irrespective of summer heat.

One way or the other, you should ensure that the dress code is reasonable, appropriate to the needs of your particular business and does not discriminate between groups of employees.

Competing summer holiday requests – Under the Working Time Regulations 1998, you are not obliged to agree to an employee’s request to take holiday at a particular time, unless the employment contract provides otherwise.

If competing requests for holiday are received from different members of staff, your managers may prioritise requests, provided that they do this in a way which is fair and consistent, for example on a first-come, first-served basis.

To avoid the short periods of notice for requests and refusals, it makes sense for your business to have its own holiday policy in which you can set out your own notice provisions and other arrangements relating to holiday.

Late return from summer holiday – Issues may also arise in the case of an employee who returns late from his or her summer holiday. In the first instance, you should allow the employee the opportunity to provide an explanation. Supporting evidence, for example a medical certificate in the case of ill health, should be requested.

However, if the explanation does not appear genuine, you will need to consider following your disciplinary policy.

Summer work experience – The school summer holidays are typically a time when employers offer school-age children the opportunity to carry out work experience. You do not have to pay a child of compulsory school age while on work experience. However, all other rules and restrictions on employing young people will apply, and relevant approvals from the local authority or school governing body will need to be obtained.

Is your business ready for more heat this summer? If you need any advice regarding working conditions for your employees over the summer, just get in touch. You can call 0118 940 3032 or email me at sueferguson@optionshr.co.uk.

Source: XpertHR

Performance Management – How Do You Get The Best From Your Team?

In May 2017 I ran a webinar where we talked about performance management and what you can do to get the best from your team. We covered the success factors of performance management and what effective performance management requires. We discussed the differences between formal and informal performance management and the day-to-day issues that need to be covered. We also looked at Personal Development Plans and how you can use them to get the best from your employees. There was a lot to get through, so I thought I would share more tips here.

Performance management is fundamental to the effectiveness of your organisation, dependent as it is on your people for the goods and services that you provide. Each person can make a difference. Collectively, a workforce that performs at high levels can help your organisation to survive and prosper in a competitive marketplace.

What is Performance Management?

Performance management consists of two parallel processes:

  • the informal, day-to-day management of individuals and teams by their immediate line manager and
  • the formal framework within which the performance of individuals and teams is assessed and improved.

The two processes are mutually supportive and depend on the same factors for success. They involve:

  • monitoring individual or team performance against accepted benchmarks or standards
  • feedback on performance – both praise (positive reinforcement) and feedback highlighting unsatisfactory performance
  • ensuring that negative feedback is delivered in an objective manner and is accompanied by an explanation of why the performance is unsatisfactory, affording an opportunity for the employee to provide an explanation as well as the means to improve in the future
  • coaching, training or other support to address poor performance
  • follow-up monitoring to check that the performance has improved, with the improvements reinforced with positive feedback
  • the option to progress to formal procedures, such as the disciplinary or capability procedures if poor performance continues and represents serious cause for concern.

Effective Performance Management

Effective performance management depends on the quality of the supervisory and people management skills of those responsible for managing your company’s workforce. It requires capable, motivated managers to put the parallel informal and formal performance management processes into effect. It requires the business to have simple but effective formal performance management procedures for your managers to use. Effective Performance Management also needs effective recruitment processes that result in suitable individuals being recruited to people management roles.

In addition, your business needs good induction, and training and development systems that give individuals the skills, knowledge and experience to manage performance effectively. Incentives – psychological rewards, tangible rewards or both – to encourage the workforce to take performance management seriously must be considered. And finally, your company needs formal structures that allow it to make sure that both managers and their reports are observing the performance management policy.

As you can see, improving the performance of your people first requires effective management of that performance, with the processes and procedures to support it. Start by putting the necessary processes and procedures in place and you will be able to effectively improve the performance of your teams.

Listen to the Webinar

If you missed the webinar that I ran on 31 May 2017 and you would like to listen to it, you can hear it here. If you joined us on the webinar, you can also listen again, in case you missed anything.

When you click the link, you’ll need to register by putting your contact details into the form on the page and then you’ll be able to download the webinar and listen to it as many times as you like.

Performance Management – How to Get the Best from Your Team

In May I delivered a free webinar that covered a number of aspects of performance management and how to get the best from your team.

We talked about the success factors of performance management and what effective performance management requires. We discussed the differences between formal and informal performance management and the day-to-day issues that need to be covered. We also looked at Personal Development Plans and how you can use them to get the best from your employees.

If you missed the webinar and you would like to listen to it, you can hear it here. You need to register by putting your contact details into the form on the page and then you’ll be able to download the webinar and listen to it as many times as you like.

If you have any questions about how to improve the performance of your team, do get in touch. You can call me on 0118 940 3032 or email me at sueferguson@optionshr.co.uk.