Dismissal for Some Other Substantial Reason: Demystified – Part Two

In a recent blog post, I set out the reasons that an employer could dismiss an employee under the ‘dismissal for some other substantial reason’ (SOSR) clause. There, I went into detail about how to manage an awkward situation where a third party – usually an important client – states that they no longer want one of your employees on their site. Click here to read it again, or if you missed it.

In this month’s blog, I’m focusing on the problem of when employees refuse to work with colleagues.

Refusal to Work with Colleagues

In most walks of life, we’re free to choose our friends. But at work, we have little influence on who we work with. Often, there’s no issue – even when employees don’t like each other, they usually tolerate one another. But when a group of employees refuse to continue working with one of their colleagues, what can you do?

Reasons why employees might refuse to work with a colleague include:

  • Serious personality clashes
  • Discovering their colleague is HIV positive
  • An employee becoming ‘socially unacceptable’, e.g. by having objectionable behaviour, or criminal convictions or charges, e.g. child pornography or sexual offences

Initial Action

As soon as you’re informed of a situation, don’t delay! Act early to stop a minor problem escalating into a situation where dismissal is demanded. Investigate what is behind the breakdown in relationships by interviewing and taking statements from all the relevant parties. From that, try to persuade the employees to patch up their differences, taking whatever constructive measures necessary to alleviate the situation. Depending on the breakdown reason, measures may involve allaying concerns or fears, and even arranging an education programme, for example where the objections centre around an employee being HIV positive.

Try not to be easily swayed by employee pressure, particularly if the allegations are based on groundless prejudice, are unreasonable or are a complete overreaction. You may even have to consider disciplining the protesters if their actions amount to bullying or harassment of the employee in question. This may not feel like a palatable option as this could lead to even further disruption of the workforce, but you need to protect your business interests, and widespread disruption is bound to be a threat to profitability and customer relations.

Where employees’ objections are well founded, it may be appropriate for the employee with whom the problem has arisen to be disciplined if the issue is misconduct or offensive behaviour. The fact that you are tackling the issue may be sufficient to calm the situation down and appease your staff.

Employee Pressure to Dismiss

Dismissal from employee pressure should always be a last resort. If all the steps taken to alleviate the situation and improve work relations hasn’t worked, and the breakdown is clearly irreversible, then it may be possible to dismiss the employee on SOSR grounds.

Remember that the reason for dismissal must be substantial. So if disruption amongst the employees is seriously harming your business, then you have no choice but to dismiss. A tribunal will want to see evidence pointing to an ultimatum having been served on the employer by the employees. Often, employees will use the ‘It’s him or us’ pressure tactic, which should be sufficient if the relationship breakdown can be reasonably assessed as irremediable. However, this conclusion can only be reached after you have taken all reasonable steps, short of dismissal, to improve the situation.

If the relationship breakdown only affects two employees, it’s much more difficult to successfully plead SOSR as fair reason for dismissal as this situation is unlikely to be deemed ‘substantial’.

If all your attempts to improve relations are unsuccessful and the reason for dismissal is indeed substantial, an employment tribunal will explore whether the dismissal of the employee was reasonable in all circumstances. The tribunal will consider whether the objections of the workforce were reasonable, or whether they were motivated by malice or blind prejudice, making the dismissal an injustice to the employee. Unfairness to the employee is an essential part of the equation.

The tribunal will also explore your conduct and the procedure you went through to reach the decision to dismiss. Part of that procedure is considering whether the employee can be given alternative work, or be relocated to another workplace, with his or her agreement.

HIV

If your staff are pressurising to dismiss an employee who is HIV positive, usually because of fear of infection, you will need to take the necessary action to counteract what is unwarranted prejudice, and to protect the employee from bullying and harassment. Allay groundless fears by educating staff about the transmission of HIV and the fact that it imposes no risk to others from normal work or social contact. Remember that an HIV positive person is automatically deemed to have a disability under the Equality Act 2010. Therefore, you risk a disability discrimination claim and a claim for unfair dismissal if you dismiss an HIV-positive employee from staff pressure. As HIV disproportionately affects gay and bisexual men, you also risk a sexual orientation discrimination claim. It’s essential that you protect the employee from harassment by colleagues, which may involve taking disciplinary action against the employee’s colleagues.

If efforts to consult with staff to allay their fears fail, it may be appropriate to transfer the employee to alternative employment, with his or her agreement, rather than considering dismissal.

Employment Law Update Workshop

Join us at our next Employment Law Update Workshop on 25 October 2018 for just £20 +VAT. Click here to book your place online. Come along and ask all your HR questions!

Sickness Absence – How Should You Handle it?

Every employee will invariably be sick and unable to work from time to time. 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 your employee complete a self-certification notification or do you require a letter from their doctor?
• Once your employee is fit to return to work, make sure you have all your ducks in a row and that you conduct a return to work interview
• If necessary instigate a formal action process including warnings and dismissal, only 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 your employee is required to provide medical support.
• Keep in regular contact with your employee and help to obtain medical advice that will assist in their return to work
• Avoid the risk of disability discrimination by taking your duty of care seriously and making all necessary adjustments
• Manage their return to work effectively, consider a phased return where necessary
• If your employee is unable to return to work, take 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.

The key to managing staff sickness is to keep in communication with your employees at all times. Don’t be afraid to contact a member of staff who is on sick leave. Don’t leave the situation to get out of hand.

If you have a member of staff who keeps taking sick leave, or who is on long term sick leave and you’re not sure what to do next, contact me on 0118 940 3032 or click here to email me.

How to Give Effective Criticism Without Sounding Critical!

How to Give Effective Criticism Without Sounding Critical!

Everyone needs feedback – good or otherwise – to ensure they’re doing the best for their customers. From a restaurant on the quality of their food and waiting staff, to an airline on their service, such as ease of booking, checking-in, and the helpfulness of the airline staff. The whole experience, in fact.

This is also true of your employees. Good feedback, including the giving of constructive criticism, is essential to an employee’s development. After all, they cannot learn from their mistakes and improve if they’re not aware they’ve made any.

Providing feedback is a fundamental element of effective appraisal interviews. But do remember to offer your employees regular feedback throughout the year, not just at the time of the appraisal interview.

Key Rules for Giving Constructive Criticism

The key rules for making criticism constructive are to concentrate on the person’s actions or behaviour, not his or her personality. You should also look to the future and not the past. The aim is to correct, not punish.

Crucial points to remember when giving criticism:

  • give criticism promptly after the event to which it relates. This is important, as it ensures that the facts are still fresh in both of your minds;
  • make sure that the criticism is clear and specific;
  • avoid generalisations;
  • use specific examples;
  • remember to ask for the employee’s input and be prepared to listen without prejudging;
  • it’s important to deliver criticism objectively and unemotionally, ensuring that no annoyance or disapproval is implied;
  • make sure that the employee understands what he or she has done wrong, why it is wrong, and how he or she should do it next time;
  • explain the effects of the employee’s actions or behaviour on colleagues, the department and/or the organisation as a whole;
  • encourage the employee to take full responsibility for his or her actions;
  • make it clear that you want to work with and support your employee to seek solutions to any problem areas;
  • let the employee know if, in your opinion, they are capable of improvement;
  • since receiving criticism is difficult for most people, and there is a high chance that misunderstandings may arise, check after giving criticism that it has been fully understood;
  • end the conversation with a positive statement. For example, you could state your confidence in the employee’s overall competence to perform the job; and
  • where possible, use praise to cushion criticism.

Using the more positive statements should help your employee to accept what you’re saying without getting upset, and help them to see that you are, in fact, simply trying to help them develop and do well. There are some other interesting tips in this article, published in the Reader’s Digest, that you may find helpful.

If you would like to discuss this subject further, do call me on 0118 940 3032 or click here to email me

How Do You Decide on an Appropriate Disciplinary Penalty?

When you are considering what sanction to impose under a disciplinary procedure, as an employer you must ensure that your decision is fair and reasonable in all the circumstances.

If the decision does not meet this test, you may be exposed to a claim for unfair dismissal if your employee is dismissed; or a claim for constructive unfair dismissal if your employee resigns in response to the sanction applied.

Once you have reached the decision that an act of misconduct has taken place, there are a number of factors that will influence the next decision as to which sanction it should apply. When considering which penalty would be appropriate in the circumstances, you should take into account the nature of the act of misconduct, the seriousness of its consequences and whether or not the misconduct has occurred repeatedly or is a one-off incident.

Verbal Warning

A verbal warning would be appropriate when dealing with the first occasion of minor misconduct, such as lateness, sub-standard work, appearance/a failure to comply with the dress code, a failure to follow the requirements of the sickness absence reporting procedure or excessive personal use of your email, telephone or internet systems.

First Written Warning

A first written warning is appropriate where further instances of minor misconduct occur after a verbal warning is given, or when you are dealing with the first instance of more serious misconduct, such as:

  • unauthorised absence
  • a failure to carry out a reasonable instruction
  • inappropriate behaviour towards a colleague or customer
  • breaches of the your policies and processes, such as minor infractions of the health and safety policy, or breaches of the email and internet policy or
  • misuse of company property or equipment.

Final Written Warning

A final written warning should be issued for persistent acts of misconduct where you have already issued the employee with warnings or for a very serious act of misconduct that falls short of gross misconduct, for example:

  • persistent lateness
  • further breaches of the your policies and procedures following a written warning
  • persistent unauthorised absence or
  • serious breaches of health and safety rules, even if the incident is a one-off event.

Dismissal with Notice

The ultimate sanction for misconduct or poor performance is dismissal. When taking the decision to dismiss, you must demonstrate that dismissal in the particular circumstances falls within the ‘band of reasonable responses’. This means that you must demonstrate that a ‘reasonable’ employer could have reached the same decision.

Dismissal with notice is likely to be appropriate where a final written warning has been issued for misconduct or poor performance and further acts of misconduct take place or performance does not improve. The final act of misconduct may not be sufficient on its own to amount to gross misconduct, but would justify dismissal when taken together with earlier acts and a failure by the employee to improve or modify his or her conduct.

Dismissal without Notice

In most cases dismissal for a first offence will be appropriate only where the conduct amounts to gross misconduct. Gross misconduct can also justify dismissal without notice. Gross misconduct will arise where the act is so serious that the employment relationship between you and your employee has been irreparably damaged. You should consider carefully whether or not there has been a genuine breakdown in the trust and confidence between the company and the employee. Such a breakdown might occur where you can no longer have confidence that your employee will carry out their duties with honesty and integrity or will perform their role without causing loss or damage to customers or the company. Whether or not a specific act amounts to gross misconduct will depend on the circumstances of the case, including the nature of the employer’s business. Examples of gross misconduct include:

  • fighting or physically threatening behaviour
  • insubordination (a single act is unlikely to be gross misconduct but dismissal may be justified if, for example, the act is accompanied by offensive language)
  • discriminatory conduct, for example racially offensive language
  • theft or fraud
  • acts of dishonesty, for example falsifying time sheets or
  • a breach of the employer’s drug and alcohol policy.

Your Disciplinary Policy

Your staff handbook or disciplinary procedure should list acts that will be regarded as gross misconduct, but it should explain that employees can also be summarily dismissed for something that is not on the list, if this is reasonable in the circumstances. Where disciplinary rules have made it clear that particular conduct will lead to dismissal, it is more likely that the dismissal will be fair.

When did you last check your staff handbook and disciplinary procedure? If they are not fully up to date, get in touch to see what needs to be done to update them. If you have any questions about disciplining or dismissing an employee, call me 0118 940 3032 or click here to email me.

How Does Snow White Manage the Seven Dwarfs?

Managing a team of employees brings with it many challenges. Everyone in the team is different – with different needs and needing to be managed differently. How do you work with everyone in your team, to make sure that everyone is pulling together and ensuring that you’re getting the best from each individual and therefore the team as a whole?

In this festive blog, we’ll look at how Snow White manages the very different characters of the seven Dwarfs, for the best effect.

Did you know that six out of seven dwarfs are not Happy?

The seven Dwarfs are all very different and need to be managed differently by Snow White, if she is to get the best from her team. As their manager, she has spent a lot of time getting to know each of the Dwarfs and what motivates them. She has also used a number of different personality profiling tools to help her. Here’s what she’s learnt over the years.

Doc – is a great team leader and a fixer. He can often see a solution to a problem that the others can’t figure out. But he can be a bit bossy too, expecting the other Dwarfs to jump when he gives them an order. Snow White has to give him enough challenging work to stop him from getting bored and trying to boss the others around.

Grumpy – is the technician of the team. He’s great with detail and analysis, but this means that he’s not good at speaking to clients. He gets frustrated when anyone asks him a silly question or doesn’t understand the answer he gives them. He just wants to be left to get on with his work, which he’s actually really good at.

Happy – is always happy! He’s great at motivating the rest of the team and keeping projects going through his energy. He does get distracted easily and sometimes comes up with a new idea before finishing the project that he’s working on. He relies on other members of the team to get the work finished.

Sleepy – sometimes the others think that he’s not pulling his weight as he’s always taking time out for a snooze. But actually, Sleepy is the reflector in the team. When Happy comes up with yet another great new idea, Sleepy is the one who will sleep on it and then come back with the useful questions and suggestions that help the team to decide whether or not to pursue this particular idea.

Dopey – is the joker in the team. He likes to have a laugh and can keep things light, even when the team is working to a deadline. He loves playing practical jokes on Grumpy and teasing Doc when he gets too bossy.

Bashful – is the shy, quiet one in the team. Snow While can’t shout at him if he does something wrong, but spends time explaining exactly what she wants him to do and he’ll do a great job for her. She won’t ask him to go networking or give a presentation to the rest of the Dwarfs because he’s too much of an introvert to do that. He’s a steady, reliable worker who often finishes what Happy starts.

Sneezy – is the member of the team who will come down with the latest bug first. He complains a lot about how it’s too cold or too hot in the office, but Snow White has learnt to keep him busy with plenty of interesting work and responsibility for projects.

By spending time with each of her team members, Snow White has come to know their strengths very well. She can manage them individually and as a team, to get the best from them all through the year!

Maintaining a Healthy, Happy Work Environment

We all want to create a working environment in which our employees look forward to spending time and where they will be their most productive. But sometimes it can go wrong and people find that they have to work somewhere they might feel unhappy, degraded or even humiliated. The creation of an offensive work environment is to be avoided at all costs, if your employees are to remain happy and healthy.

The phrase “creating an intimidating, hostile, degrading, humiliating or offensive environment” means that behaviour can amount to harassment even if it is not targeted at an individual. It will be enough that the behaviour creates an atmosphere at work that causes offence to a particular employee, or makes them feel uncomfortable. For example, the circulation of sexually explicit material around an office, even though it might not be targeted at a particular employee, could constitute sexual harassment against any woman or man who found it distasteful.

Harassment can be physical, verbal or non-verbal and a wide range of different types of behaviour at work may potentially be perceived as harassment. This rather long list gives you some examples of behaviour that could be perceived as harassment:

  • Sex-related harassment
    • Telling jokes about women
    • Making derogatory sexist remarks
    • Deliberately placing tools or materials that a woman needs to do her job on a high shelf to make it harder for her to reach them
  • Harassment of a sexual nature
    • The display of sexually explicit material on computer screens or in calendars
    • Leering at a woman in a manner that is overtly sexual
    • Physically touching someone in a sexual manner where such conduct is not welcome
    • Remarks, banter or jokes of a sexual nature
    • Making sexual suggestions or persisting with sexual advances after it has been made clear that such approaches are unwelcome
  • Gender reassignment harassment
    • Calling someone a nickname linked to the fact that he or she has undergone gender reassignment
    • Inappropriate touching designed to check whether or not an individual has undergone reconstructive surgery
    • Leaving items specifically associated with the individual’s old or new gender on their desk
  • Racial harassment
    • Calling someone a nickname linked to their skin colour or nationality
    • Remarks, banter or jokes about people from different racial backgrounds
  • Disability harassment
    • Using insulting terminology when referring to a disabled colleague
    • Excessive staring, for example at someone with a facial disfigurement
    • Mimicking a disabled colleague’s mannerisms or speech
  • Religious harassment
    • Remarks, banter or jokes about particular religious beliefs or religious practices
    • Derogatory remarks made about a particular item of clothing or jewellery worn by someone as a symbol of their religion
  • Sexual orientation harassment
    • Deliberate isolation of someone on grounds of their sexuality or perceived sexuality
    • Deliberately behaving in an effeminate manner in the presence of someone who is gay
    • Calling someone a nickname based on his or her sexuality or perceived sexuality
  • Age harassment
    • Banter and jokes that make fun of older people or demean their abilities
    • Calling someone a name linked to their age
    • Ignoring someone, or treating their views as worthless, just because they are younger or older than other employees

How do you guard against offensive jokes, banter and remarks?

General banter linked to sex, race, religion, sexual orientation or age is the most common form of harassment in employment. Managers should make sure that they properly brief all their staff as to the types of conduct and speech that might cause offence to others and make it clear that such behaviour will be unacceptable.

The basic rule should be that any jokes, remarks or banter that might cause offence to another employee on any grounds will not be permitted. Employees should be encouraged to realise that their colleagues will have differing views and feelings and differing levels of sensitivity about certain matters.

In addition, no individual employee can ever know everything about their colleagues – who they are married to or any family issues that might mean that offence will be caused by inappropriate remarks. It should be a requirement in every department that employees treat their colleagues with dignity and respect and refrain from any behaviour that might cause offence.

Are you worried about the environment in which your staff work? Do you need help creating the most productive environment possible? Call me on 0118 940 3032 or email me here and we can talk about how I can help you to do this.

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

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.

How to Deal with an Employee’s Difficult Attitude

Sometimes, as a Manager, you might have to deliver some bad news to one of your employees. You may have to tell someone that their job is redundant, or discuss some poor performance or unacceptable behaviour. The topic under discussion may be a sensitive issue. Some employees could react negatively, by becoming upset, angry or verbally abusive. There are several things that you can do, as their manager, to ensure that the meeting remains productive.

Remain calm. It is your responsibility to achieve a successful outcome to the meeting and this can be done only if you remain calm and refrain from bringing your own feelings into play.

Let the employee ‘vent’. It is important that the employee calms down. However, allowing the employee some time to vent his or her anger or frustration, gives them space and a feeling of being listened to. They may also reveal information that may help in finding a resolution to the problem.

Remember the reason for the meeting. It is easy for the employee to veer into other topics if he or she feels uncomfortable, or is looking for excuses for his or her behaviour. To get back on track, you should remind them of the reason for the meeting and the ideal outcome.

Remember that the issue needs to be dealt with. When faced with a difficult attitude, you might be tempted to postpone the meeting in the hope that the employee will calm down. However, this can make both parties lose sight of the issue. Don’t postpone the meeting simply because the employee is not being receptive.

Inform the employee that his or her attitude does not assist the organisation as a whole. If the issue being discussed is the employee’s misconduct, you could explain to the employee that his or her difficult attitude in the meeting mirrors his or her behaviour in the workplace. This may help the employee to reflect on his or her behaviour and calm down.

Following the Meeting

After the conversation, you should keep the momentum going. Achieving a successful outcome is an ongoing, building process. Failing to keep on top of the issue may undo all the good work and may leave you having to deal with the issue from the beginning. To ensure momentum is not lost, there are several things that you can do:

  • Make sure that the employee feels supported. If the employee knows that a manager is there to support and help him or her, this will be invaluable in achieving a successful outcome to the conversation.
  • Have regular informal chats with the individual and less regular formal discussions, including a further meeting to review the outcomes or first step.
  • Ensure that what was said and agreed in the meeting is well documented. Both parties should agree that the contents of the document reflect what was agreed and thereafter refer to it if there is confusion or disagreement.
  • Monitor how the agreed actions are being implemented by the employee.
  • Comply with your obligations as to follow-up, for example providing agreed training.

Dealing with a difficult attitude or an angry or upset employee is not something that you have to handle every day, as a manager. However, if you’re prepared, if and when the situation does arrive, you’ll be in a better position to handle it. If you have a difficult conversation to have with a client and you’d like some help getting the best outcome for everyone, call me on 0118 940 3032 or email sueferguson@optionshr.co.uk and I can give you some advice and pointers.