Category Archives: HR Advice

Capability vs Disciplinary – Case Study 2

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This week we are bringing you another capability vs. disciplinary case study.  Meet Karen!

Karen has been working for your company for eight years and during this time has failed to be a team player which has had a marked effect on both her performance and those working with her.  The underlying problem with Karen’s performance is the way in which she interacts with her peers:

  • Karen will often refuse to speak to her colleagues
  • Karen fails to take responsibility for her actions and blames her colleagues for problems that she has caused herself
  • Karen has been known to have threatened and intimidated a number of her colleagues
  • Karen has singled out one member of staff in particular for not particular reason

Over the eight years you have built up quite a thick file on Karen including complaints from peers, supervisors and managers.  Recently you have received two complaints from managers in relation to Karen’s attitude to other members of staff and the upset she has been causing.  In addition you have received an email from one of Karen’s colleagues which concludes by saying -…I can’t work with Karen any longer, her petty behaviour is making my work life unbearable, I am going to have to leave?.

What action should you take in this case? What procedures should you invoke? Tune in next week for the answers…

Capability vs. Disciplinary – Case Study

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In a recent blog we looked at performance management and how to distinguish between issues of capability and misconduct when dealing with the underperformance of employees.  To bring this issue to life we would like to introduce you to Annabelle.

Annabelle has worked as a marketing assistant in the marketing department of retail company for 3 years, during this time she has consistently underperformed, indeed underperformance was an issue from day one for Annabelle when she failed her probationary period.

Taking a proactive approach rather than instantly dismissing Annabelle, her employer provided some coaching.  This initially had a positive effect on her performance but unfortunately in recent months things have begun to slip again, she repeatedly, and frustrating for her manager, makes the same mistakes over and over, does not take guidance well, often has to have tasks explained to her several times and makes consistent inaccuracies in proposals  .

Now a major problem for her employer, Annabelle’s mistakes are costing them money and having a detrimental effect on the marketing team and business as a whole.  Annabelle’s manager is results driven, he feels she has been given an easy ride by the business and undertakes a formal review of her work.

On the flip side, Annabelle feels that she has not been supported by her employer, that she is not being properly managed and that she lacks coherent and consistent guidance.

Annabelle’s manager invites her to a meeting to discuss the on-going issues with her performance and although this meeting is handled in a professional manner, with legitimate concerns raised and examples of underperformance given, Annabelle feels bullied and raises a formal grievance against her manager.

Both sides are now aggrieved – what is the solution?

 

Check out next week’s blog for the solution to this problem.

 

 

Managing Capability and Conduct Issues Effectively to Avoid Dismissal

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When capability and conduct issues come into play it is important to take proactive action to quickly remedy the situation whilst balancing your responsibilities in terms of employee statutory rights.  Here are some tips that can help:

  • When a performance issue arises deal with it there and then, not dealing with a problem in its infancy can lead to a major crisis if left to fester.
  • Give your employee the benefit of the doubt and work  in partnership with them to develop a suitable action plan.
  • Establish the causes of poor performance and pinpoint examples of where performance is lacking.
  • Put a road map in place that includes how you will support your employee, clear performance expectations going forward and any training, coaching programmes necessary  to rectify the situation.
  • Consider alternative employment options.  Whilst you do not have a duty to do this it is a good preventative step to avoid employment tribunal  and unfair dismissal claims.
  • Hold an informal meeting in the first instance to ensure that the employee understands why their behaviour has been deemed unsatisfactory and agree steps to ensure that the behaviour does not recur.
  • If informal warnings have not produced the desired invoke a formal disciplinary procedure including investigation of the facts and written warnings, before heading down the route of dismissal.In the event of an act of gross misconduct you have the right to dismiss the employee, following an investigation and meeting, without notice or pay in lieu of notice.

Preventative HR Seminar 14 June

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In today’s challenging business environment, your people are your biggest asset therefore it essential that you recruit and retain the right team.

In terms of recruitment diligence is vital in ensuring that you identify and appoint the best candidates from the high number of applicants you have for each role.  Recruiting the wrong person costs time and money whereas recruiting the right person will deliver an instant return on investment.

Once an employee is in place you must nurture their development, monitor their performance and output effectively and help them achieve their true potential in order to retain them for the long term.

When performance issues come into play it is important to take proactive action to quickly remedy the situation whilst balancing your responsibilities in terms of employee statutory rights.

Building a winning team is not as onerous as it sounds once you have the right procedures and policies in place.  Join us for our forthcoming free preventative HR seminar to find out the best ways to manage recruitment and induction, appraisals and performance feedback, managing poor performance, managing sickness, statutory rights and communication.

Taking place on 14th June at The Arab British Chamber of Commerce from 9.30-11.30 am this event is a must for all employers and managers who want to invest in their people and reap the business rewards that follow.

To reserve your place for this event please contact Sue Ferguson on 0118 940 3032 or email sueferguson@optionshr.co.uk.

 

 

Dealing with Disciplinary and Capability Issues

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It is a mistake to think that performance problems, whether they be capability or disciplinary in nature, will simply go away or sort themselves out.  

Issues such as sickness absence, poor attitudes/behavior, failure to meet objectives and poor general standards of work must be dealt with appropriately and effectively as soon as they occur. 

In most instances and informal chat may be enough to solve the problem but if not then you have laid the groundwork for the formal disciplinary process to begin. 

 What to consider when planning your approach:

  • Do you want to conduct an initial informal chat or start with a more formal meeting? Is the employee entitled to be accompanied by a representative at the meeting?
  • What is an appropriate review/warning period?
  • If dismissal is a possible end result, are there any alternative work options available to the employee?
  • What acts of poor performance are serious enough to instigate a dismissal procedure?
  • If the issue involves bad attitude/behaviour ? is this a capability or conduct issue? What are the differences in approach to handling these issues?
  • What are the legal requirements of a disciplinary procedure?  Informal and formal meetings, formal and informal warnings, right to respond, opportunities to improve etc. 

On Thursday 21st June we will be holding a workshop covering the practical aspects of carrying out a capability or disciplinary procedure.  We’ll look at what the differences are between capability and disciplinary and how you can handle them with confidence and success. 

The workshop will be held at the Hennerton Golf Club from 9.30am to 12.30pm.  Please contact Sue for further details or to book your place.

Sickness Absence

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Every employee will invariably be sick and unable to work from time to time.  But it is important to keep in contact to establish any support they need and when you can expect them to return to work. In extreme circumstances, or where you suspect the sickness my not be genuine, it may be necessary to terminate a contract of employment but you must follow a fair procedure first – do you have the correct processes in place?

Short Term Absence:

  • Discuss the problem with your employee as soon as possible and keep lines of communication open at all times
  • Monitor the absence and document the ‘calling in sick’ process.  Can the employee complete a self-certification notification or do you require a Dr’s letter?
  • Once your employee is fit to return to work, make sure you have all your ducks in a row and have conducted a thorough return to work interview
  • If necessary instigate a formal action process including warnings and dismissal, as a last resort
  • Learn from employee absence, conduct reviews and look for patterns that can help you to avoid absence in the future

Long Term Absence:

  • This is when a period of absence exceeds four weeks in duration.  In these instances an employee is required to provide medical support
  • Keep in regular contact and help to obtain medical advice that will assist in return to work
  • Avoid the risk of disability discrimination by taking your duty of care seriously and making all necessary adjustments
  • Manage return to work effectively, consider a phased return where necessary or take all the right steps to instigate dismissal on the grounds of ill health

Dismissal is always a last resort, factors that must be taken in to consideration before heading down this path include:

  • The nature and length of the illness
  • Length of service and previous record
  • Any improvement in attendance
  • The effect of absence on colleagues and the business as a whole
  • Whether there are other employment options available

Is your HR team proactive?

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Top tips to ensure proactive success:

  • Have in place well designed policies and procedures to cover all business needs and eventualities and ensure every part of your business is operating like a well-oiled machine.
  • Prepare comprehensive job descriptions for every employee and evaluate regularly.
  • Set objectives / targets to provide focus for all parties on what needs to be achieved both short and long term and give feedback regularly.
  • Give praise for work well done and deal with instances of poor performance before they become a major issue.
  • Keep up to date with the latest employment legislation? And, always ensure you are exercising your duty of care towards the welfare and development of your employees.
  • Communicate with your employees and keep them informed, engaged and focussed on your strategic goals. Also, take a bottom-up approach that allows employees to voice their concerns and ideas.
  • Provide opportunities for training and career progression wherever possible.

Employment Law Update

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A number of employment law changes that could impact your business came into force this month. Firstly, The Government has increased the rate of Statutory Maternity Pay (SMP), Statutory Paternity Pay and Statutory Adoption Pay to £135.45 from £128.73. For more information please go to www.hmrc.gov.uk/paye/rates-thresholds.htm.

Secondly, The qualifying period for unfair dismissal has gone up from one year to two years, meaning employees whose contract commence on or after the 6th April must have completed a continuous period of two years in their employment before they are eligible.

Thirdly, there have been two important new changes to Income Tax and National Insurance.  The lower earnings limit for national insurance contributions has increased from £102 to £107 (go to www.legislation.gov.uk/uksi/2012/804/made for more information) and the income tax personal allowance threshold has increased by £630, bringing it to £8,105. For more information please go to the HM Treasury website.

Top Tips for Conducting a Successful Appraisal

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Performance appraisals are a fundamental part good performance management.  It is important for the success of your business that your employees feel appreciated and that they are progressing in their careers.   Likewise, it is important that any issues with performance are managed effectively with the aim of eliminating any long term problem.

  1. Always ensure the conversation is free flowing with views expressed by both parties
  2. Ask open and probing questions
  3. Don’t interrupt or inhibit the flow of conversation
  4. Pay attention to non-verbal communication such as body language
  5. Evaluate performance, not personality
  6. Give feedback based on facts not subjective opinion
  7. Positively reinforce the good
  8. In the case of underperformance discuss corrective action
  9. Tailor your approach to each individual
  10. Be prepared to handle negative or defensive reactions
  11. Set specific, measurable, achievable, realistic and timely objectives
  12. Give deadlines/timelines for improvement
  13. Consider potential development opportunities
  14. Empower employees to come up with solutions for themselves
  15. Document each appraisal whilst it is fresh in your mind.

Bribery Prevention

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Do you understand how the Bribery Act 2010 could affect your business and the measures you need to take to prevent you from falling foul of acts of criminal bribery?  Here are a few tips to get you started:

  • Undertake a risk assessment and draft an anti-bribery policy that is relevant to your business operations and your employees
  • Ensure top level commitment to the policy and put in force a zero tolerance approach
  • Communicate your policy to your staff, customers, suppliers and any other parties associated with your company
  • Ensure your employees are trained and understand the implications of the Bribery Act
  • Update your contracts of employment to include acts of bribery in the context of gross misconduct
  • Ensure appropriate approval processes for any payments, gifts or hospitality requests
  • Ensure good record keeping and audit trail – record any incidents where ethical standards may have been breached and how it has been dealt with