Tag Archives: unsatisfactory behaviour

Dealing with Gross Misconduct – How do You do it?

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Gross misconduct is behaviour so bad that it destroys the relationship between you and your employee and it usually results in dismissal. But what exactly can be considered gross misconduct? It’s important to know, so that you can avoid unfair dismissal claims.

Here’s how to identify and manage gross misconduct.

What is gross misconduct?

Gross misconduct is a serious breach of contract and includes any misconduct which, in your opinion, causes serious damage to your business, or irreparably breaks down trust and relationships.

There is no exhaustive list, but it can include theft, physical violence, bullying, damage to property, accessing pornographic sites, damaging your firm’s reputation, inability to work due to alcohol or drugs, breaching health and safety rules, failing to obey instructions, or serious neglect of duty. Repeated minor misconduct, such as being late to work, is not gross misconduct, although it can lead to dismissal after previous unexpired warnings.

Should my staff handbook include examples of gross misconduct?
Include a list of examples of what usually counts as gross misconduct, but state that it is non-exhaustive as you cannot provide for every eventuality. Each case should be looked at individually and consideration should be given to all the circumstances.

What procedure should I go through if someone has committed gross misconduct? When disciplining an employee you should follow your own disciplinary procedure and the Acas Code of Practice. If you don’t follow the Code it may render a dismissal unfair and could increase the amount of compensation an employment tribunal awards against you.

If you believe an employee has committed gross misconduct, you may need to suspend them to allow a full investigation to take place. This won’t be necessary in all cases, but it will usually be appropriate in cases of serious misconduct. If an employee is suspended it should be on full pay.

Carry out a fair and balanced investigation. At the end of it you may decide that no further action is necessary. However, if matters are to be taken further the employee should be invited to a disciplinary hearing where they will be given the opportunity to state their case and respond to the allegations against them. The hearing should then be adjourned for you to make your decision. You should notify the employee of your decision in writing and inform them of their right of appeal.

How can I decide if something counts as gross misconduct or not?  
If you’re unsure, get legal advice. In any case, if an incident is not obviously gross misconduct, it’s always better to go for the lesser sanction than to dismiss someone as such a dismissal may be held unfair. The current maximum compensation for unfair dismissal is £74,200.

If you need any more advice about identifying or dealing with gross misconduct, please do get in touch, to make sure you can avoid and tricky situations.

What’s the Best Way to Deal with Underperforming Staff?

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In a recent blog post I introduced you to Heather, who was receiving poor performance feedback. Click here to read about Heather . Did you have any solutions for her?

Here are our suggestions.

While Heather has a lot of experience developing training courses, she’s not getting good feedback from delivering them. The cause of this could be that she:

  • Only likes writing courses and not the delivery
  • Has been given the delivery, when it wasn’t originally part of her job
  • She doesn’t have the confidence in delivery of the information when asked questioned
  • She thinks she’s being challenged when someone asks her a question.

How can we help Heather?

First it is important to acknowledge Heather’s strengths – her knowledge and ability to write training courses. Then we need to find out what she thinks about the feedback she’s getting and how she feels about the delivery of the courses. Does she enjoy that part of the job? If so, we can help her build up her confidence. Has she had any training in presentation skills? If not and she wants to continue with the delivery, we can look at the right training to help her.

In situations like this, it’s important to hear all the sides of the story, before rushing to any conclusions or imposing a solution. Work with your members of staff to find the best outcome for both of you.

How do you deal with issues of under performance in your business? Leave a comment here to share your views and ideas.

What’s the Best Way to Deal with Underperforming Staff?

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Heather works in the training department of a large IT organisation. She is responsible for designing and delivering interpersonal skills training, including communication skills, networking, and new management training classes.

Heather has excellent knowledge of how to design a training class. She includes behaviour modelling and practice into all her classes. She has also done research on what good communication consists of, how to network and what new managers need to know to be successful.

Sounds good so far!

However, people who attend Heather’s training classes often give her low ratings, saying that she has a hard time answering specific question. They say that she doesn’t seem approachable after the classes or when individuals want to ask questions.

What do you think may be causing Heather’s under performance?

How do you think a manager should address the problem of poor performance?

We’ll give you our opinion on this blog in a few week’s time. Leave a comment here to give us your suggestions!

5 Tips for Managing Performance with Your Team

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As a boss, manager or supervisor, you play an important role in promoting employee commitment, motivation and retention. You are responsible for developing and nurturing your staff.

Here are 5 tips to help you look after your staff and improve their performance, which will lead to improvements in the overall performance of your organisation.

  1. Set meaningful, attainable expectations aligned with the mission and objectives of your business. Be clear about employee expectations and explain any measurements that will be used.
  2. Approach this process as a collaborative effort, engaging staff in the process. Work with your employees to develop appropriate outcomes that support your work and lead to the achievement of organizational goals. Don’t just impose objectives on your staff without first talking to them.
  3. Provide employee access to the necessary tools and resources needed for performance enhancement. Ask about relevant technology, available literature or other materials they need to improve their performance. Provide them with the coaching and mentoring they need and allow time for employees to learn improved methods and procedures.
  4. Continually asses and communicate progress regarding performance. Don’t save all your feedback until the end of the year. Provide employees with mid-year progress reviews and final evaluation feedback. Face-to-face progress reviews and final evaluations should be scheduled in advance. Engage your employees in discussions about the best ways to meet their future goals.
  5. Show appreciation of employee performance through the use of one of the many forms of recognition and reward available to you.

If you need specific help on managing and improving the performance of your staff, to improve the performance of your business, why come to our next free workshop on 22 November? Being held at The Old Post Office in Wargrave, near Henley in Oxfordshire, this is your chance to get some expert advice on your own issues. Click here for more details and to book your place.

Misconduct

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Despite every effort, even the best run business may encounter problems of misconduct from time to time.

Misconduct can range from a minor incidence of unsatisfactory behaviour to an act of violence, theft or malicious damage.  However, the one thing they all have in common is that if handled incorrectly they could not only damage your reputation but leave facing the prospect expensive unfair dismissal claims and employment tribunals.

It is often easier to deal with a minor incidence of misconduct informally by simply explaining to the employee why their behaviour has been deemed unsatisfactory and seeking agreement/agree steps to ensure it does not continue or recur.  However, if this does not have the desired result, or closer investigation reveals that the problem is bigger than initially thought, then it might be necessary to invoke a more formal approach. Most companies operate a 3-stage process: (1) written warning, (2) final written warning, (3) dismissal.

Avoidance is better than cure!  The key to protecting your business is to have in place a clear and fair disciplinary procedure that defines what behaviours you consider to be acts of misconduct relevant to the type of business you undertake and that this is communicated to every member of staff at the outset of employment.  The procedure should cover a range of circumstances, the different types of work performed by your employees, health and safety issues, risks to your business, timekeeping, use and care of company equipment, bullying/harassment, claiming expenses and use of email and internet.

Finally, whatever approach you take, always keep full and detailed records.  This is just as important for minor breaches as it is for acts of gross misconduct and will ensure that if the behaviour occurs or escalates you will find it easier to defend any subsequent claims of unfair dismissal and protect the reputation of your company.