Where an employee is not meeting targets and is deemed to be underperforming these reviews can be a way of addressing these problems. A performance improvement plan (PIP) could be implemented to monitor ongoing performance and it is important that these are SMART; specific, measurable, attainable, realistic and timely. Once implemented, the employee should be notified of the employer’s expectations, and the consequences should the PIP fail to make any difference.
Any issues relating to the development and performance of an individual should be addressed head on in the first instance, if there is no change and the problems persist, it may become appropriate to begin disciplinary proceedings. In 2009, the ACAS (Advisory, Conciliation & Arbitration Services) introduced a code of practice for employers to follow when dealing with a disciplinary matter.
The employer should write to the employee notifying them of any allegations against them, the basis of these allegations with an invitation for the employee to attend a meeting to discuss the matter further.
Hold a meeting to discuss the allegations. Employees have the right to be accompanied at the meeting by another individual. After the meeting, the employer must notify the employee of the decision and inform the employee about their right to appeal the decision.
If the employee appeals, hold an appeal meeting. Again, the employee has the right to be accompanied by another individual at this meeting. The employer is required to inform the employee of the final decision.
ACAS also provides guidance on how to deal with grievances however these are from an employee’s perspective rather than the employers.
If an employer decides that it is necessary to performance manage an employee but does not follow a correct procedure, then the employee may be able to bring a claim of unfair dismissal or discrimination if either the procedure was not fairly carried out or the decision to dismiss the employee was unfair.
The issues can become complex and it is important to follow a set structure with the aim of improving the employees performance and putting in place opportunities for the employee’s assistance. However, inevitably sometimes performance cannot be improved and this may result in the dismissal of the employee. With good advice you can reduce the risk of a claim and reduce the complications that can arise to the business by a claim being made.
Our employment team is able to provide you with the necessary guidance and advice to ensure you follow the correct procedures to protect both yourself as the employer and your employees. It can be a minefield, but we can help you navigate your way through it. We offer no-obligation initial appointments and can meet you at our office locations in Market Harborough and Leicester. You can contact the team directly by calling 0116 212 1000 or complete our online contact form.
Our large, experienced team manages volumes of claims, with expertise in business restructurings, redundancies, TUPE transfers, advising on claimant and HR practices, dismissal, disability, whistleblowing and all forms of employment law to affect employees and contractors.
We understand ACAS guidelines and have experience of trade unions, advising on obligations and employee rights. We can act as a preferred supplier of legal services and panel appointments. From employee best practice to Employment Tribunal and Appeals, we provide confident, knowledgeable advice.
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