Introduction
This policy will be used when an employee's performance has been identified as falling below an acceptable level. Its purpose is to provide a framework for resolving the issue, ideally through the improvement of the employee's performance. As a last resort, the policy specifies the circumstances in which the employee may be redeployed to more suitable work or dismissed on the ground of capability.
Before this procedure is engaged, you will receive feedback from your Line Manager setting out the concerns about your performance and how your performance can be improved. This procedure is designed to be used when such informal discussions do not lead to performance improving to an acceptable level.
If your poor performance is believed to be the result of deliberate negligence, or where serious errors have been made by you to the detriment of the organisation, we may decide to use our disciplinary procedure instead.
A written record of all meetings conducted under this procedure will be made, either by the person holding the meeting or by an additional person.
Stage 1
Your manager will inform you of the nature of the problem and confirm this in writing. You will be invited to an informal meeting to discuss concerns regarding your performance. The meeting will be conducted by your manager.
Following discussion of the problem, your manager may choose to:
- take no further action;
- refer the matter for investigation under the disciplinary procedure; or
- issue guidance to you on what you need to do to improve your performance and the timescales.
Stage 2
Where stage 1 does not lead to a satisfactory improvement in your performance, you will be invited to a performance review meeting.
The purpose of a performance review meeting is to discuss your performance and decide what measures should be taken, with a view to securing the required improvement in performance. The meeting will be conducted by your manager and a member of the HR Team may also be present.
You will be given an opportunity to respond to any criticisms of your performance and to put forward any explanation you may have for the matters identified by the manager as amounting to poor performance.
The outcome of the meeting may be:
- a decision to take no further action;
- a decision to refer the matter for investigation under the disciplinary procedure; or
- the implementation of a performance improvement programme, designed to bring your performance up to an acceptable level.
Performance improvement programme
A performance improvement programme is a series of measures designed to help improve performance. Each measure will ideally be agreed with you, although we reserve the right to insist on any aspect of the performance improvement programme in the absence of such agreement.
Each programme will be tailored to the situation, but will contain the following elements:
Timescale
The overall timescale in which the necessary improvement must be achieved will be set out, together with the timescale for reaching individual milestones where appropriate.
Targets
The performance improvement programme will specify the particular areas in which improved performance is needed and set out how, and on what criteria, performance will be assessed. Where appropriate, specific targets will be set that will need to be achieved either by the end of the programme or at identifiable stages within it.
Support
The performance improvement programme will specify what measures will be taken by us to support you in improving performance. Such measures may include: training; additional supervision; the reallocation of other duties; or the provision of additional support from colleagues.
Feedback
As part of the performance improvement programme, you will be given regular feedback from your line manager indicating the extent to which you are on track to deliver the improvements set out in the programme. If, at any stage, we feel that the performance improvement programme is not progressing in a satisfactory way, a further meeting may be held with you to discuss the issue. As a result of such a meeting, we may amend or extend any part of the programme.
Review
At the end of the performance improvement programme, your performance will be reviewed. If satisfactory progress has been made, you will be notified of this fact in writing. However, if your manager feels that progress has been insufficient, they may decide to extend and/or amend the performance improvement programme to such extent as they consider appropriate. Alternatively, they may decide to refer the matter to a meeting under stage 3 of this procedure.
Ongoing review
Following the successful completion of a performance improvement programme, your performance will continue to be monitored. If, at any stage during the following 12 months, your performance again starts to fall short of an acceptable standard, your line manager may decide to initiate stage 3 of this procedure.
Stage 3
If the performance improvement programme has not led to sufficient improvement in performance, you will be invited to attend a formal performance management hearing. The invitation will set out the aspects which your manager believes that your performance still falls short of an acceptable standard.
The hearing will be conducted by your manager and a member of the HR Team. You will be entitled to be accompanied by a fellow employee or a trade union official. At the hearing, you will be given an opportunity to respond to any criticism of your performance and to make representations about any aspect of the way in which the process has been managed.
The outcome of the meeting may be a decision to:
- take no further action;
- refer the matter for investigation under the disciplinary procedure;
- institute another performance improvement programme; or
- issue a formal warning to you.
A formal warning will be issued if the hearing concludes that reasonable steps have been taken by the organisation that should have allowed you to perform to an acceptable standard, but that these measures have not worked. The warning will explain the nature of the improvement that is required in the employee's performance and state that the improvement must be immediate and sustained. It will also explain that, if the necessary improvement does not take place, the process will move to Stage 4 which could lead to dismissal.
The warning will remain current for a period of 12 months, after which it will cease to have effect.
If you are issued with a formal warning in accordance with this procedure, you will have a right of appeal.
Stage 4
If you have been issued with a warning under stage 3 that remains live and your manager believes that your performance is still not acceptable, the matter may be referred to a performance dismissal hearing.
You will be informed in writing of the grounds on which the hearing is being convened. In particular, you will be told of the respects in which your performance remains below an acceptable level.
The hearing will be conducted by a senior manager and the HR Director. You will be entitled to be accompanied by a fellow employee or trade union official.
At the meeting, you will have the opportunity to respond to any criticisms made of your performance and make representations about how the situation should be treated.
The outcome of the meeting may be:
- a decision to take no further action;
- the issuing of another performance management warning;
- an offer to redeploy you to alternative work; or
- a decision to dismiss you.
Any offer to redeploy you will be entirely at our discretion. Such an offer will be made only where we are confident that you will be able to perform well in the redeployed role. It will normally be offered only as an alternative to dismissal in circumstances in which we are satisfied that you should no longer be allowed to continue to work in your current role. While you are free to refuse any offer of redeployment, the only alternative available will usually be dismissal.
If we believe that there is no alternative role available and suitable for you, but that you have not met an acceptable standard of performance, we may decide to dismiss. Any dismissal will be with full notice or payment in lieu of notice. The decision to dismiss together with the reasons for dismissal will be set out in writing and sent to you.
If you are dismissed in accordance with this procedure, you will have a right of appeal.
Appeal
You have a right of appeal against a sanction issued under stages 3 or 4 of this procedure.
A request for an appeal should be sent in writing to The HR Director and set out the grounds on which you believe that the decision was flawed or unfair. The request should be sent within seven days of you receiving written confirmation of the sanction imposed on you.
An appeal hearing will be convened to consider the matter. It will be chaired by a different and (if possible) more senior manager than the manager who conducted the original hearing, together with the HR Director. You will be entitled to be accompanied by a fellow employee or a trade union official.
At the hearing, the decision to impose the sanction will be reviewed and you will be entitled to make representations about the appropriateness of that decision.
The result of the hearing will be either to confirm the sanction, or substitute any outcome that was available to the panel conducting the original hearing at which the sanction was imposed on the employee.
The outcome of the appeal will be confirmed to the employee in writing, explaining the grounds on which the decision was reached. The outcome of the appeal will be final.