Performance Management How do you tackle underperforming staff? - - PowerPoint PPT Presentation

New castle | Leeds | Manchester

Graham Vials Thursday 13 June 2019

Performance Management – How do you tackle underperforming staff?

New castle | Leeds | Manchester

Housekeeping

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How can you avoid formal performance management?

The Big Questions…

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Make sure that all employees:

• are aware of what is required of them;
• receive regular feedback on their performance; and
• line managers/supervisors communicate openly with the employees they manage in order

to address any issues with performance at an early stage.

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Set expectations at an early stage by:

• Conducting a robust induction process in which the duties of the role and the performance

levels required is made clear at an early stage.

• Use of probationary review periods in order to monitor performance and identify any

issues.

• Consider whether any initial support/training is necessary for the individual to perform their

role.

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Provide Feedback:

• Regular feedback is an important part of informal performance management.
• Line managers/supervisors should be trained in how to deliver feedback and the best way

to approach potentially difficult conversations. If someone is doing something wrong then this should be explained to them and the correct approach explained.

• Consider the approach - One to one? As part of a regular team meeting?

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Provide Feedback:

• Regular feedback is an important part of informal performance management.
• Line managers/supervisors should be trained in how to deliver feedback and the best way

to approach potentially difficult conversations. If someone is doing something wrong then this should be explained to them and the correct approach explained.

• Consider the approach - One to one? As part of a regular team meeting?

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Why is performance management necessary?

The Big Questions…

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Research by Gallup suggests that employees spend as little as 15% of the working week engaged in productive work. To optimise this time, and to secure discretionary effort, schools must create a culture that allows the workforce to innovate and gain knowledge through experience and experiments where it is safe to fail. The team should be aiming to not only do their job – but improve the way it is done. https://www.gallup.com/corporate/212381/who-we- are.aspx

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A well-structured internal performance management framework ensures that:

• Goals are prioritised (Plan).
• Resources are allocated and managed effectively (Do).
• Working conditions are optimised and improved through regular reviews and feedback

(Check).

• Improvements to systems and processes are fed back into the planning cycle (Act).

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Examples of poor performance?

The Big Questions…

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Poor performance can take many different forms, but some common examples include:

• Mistakes.
• Lack of productivity or slowness.
• Inflexibility.
• Failure to establish good working relationships with colleagues or parents, pupils etc.

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Performance or misconduct?

The Big Questions…

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We need to establish:-

• Whether Can’t do
• Or Won’t do
• Carelessness, negligence or idleness may be a conduct issue instead?

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Are formal appraisals necessary?

The Big Questions…

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Yes

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But only if done properly (separate approach for teachers... STPCD)

• Just going through the motions.
• Missed appraisals from year to year.
• Not documented.
• Overly positive to avoid confrontation.
• Nothing said all year – then hammered.
• No goals set.
• Inconsistent treatment.

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The appraisal should:-

• Set goals, or performance objectives that the individual is expected to achieve over the

course of the coming year.

• Identify any support they may require form the school in order to do so.
• Make sure concerns are documented.
• In a tribunal hearing “an ounce of documents is worth a tonne of recollection”.

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Regular informal meetings Discuss current work and development and provide feedback including praise and or concerns Formal interim reviews Discuss progress against their performance plan Annual Appraisal The work of the year is discussed and feedback is given

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What are the first steps?

The Big Questions…

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In terms of first steps:-

• Check and follow your policies.
• However, most are too cumbersome, too complex…
• Usually a different approach for teachers / support staff?
• Try and resolve concerns in an informal way if possible – before proceeding to formal

performance management route.

• If you go too aggressive too quickly – expect sickness absence…

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Dealing with the problem at an early stage:-

• An employee is more likely to turn their performance around if concerns are highlighted at

an early stage than if matters are left to fester.

• If offering training and support results in a positive outcome, this is less time-consuming

and costly than going through a poor performance dismissal procedure and recruiting a replacement.

• Being able to demonstrate that an employee has been given support and the opportunity

to improve will greatly improve your chances of effecting a fair dismissal and avoiding an expensive Employment Tribunal claim.

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What does an informal approach involve?

The Big Questions…

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Informal approach:-

• Discuss the concerns that have arisen and make it clear what improvements are required,

within what timescales.

• Check if any additional support or training is required.
• Draw a line in the sand and make it clear what is expected.
• Explain what may happen if performance does not improve – i.e formal action.
• Monitor performance to determine whether or not the required improvements are being

made.

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Informal approach:-

• An effective way in which to document this informal stage of the process is to put in place

a performance improvement plan (PIP).

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What if we just want to dismiss?

The Big Questions…

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Short serving employees:-

• Less than 2 years service?
• Careful… 2 years less one week (103 weeks)
• Consider Trade Union relations
• Consider claims which can still be brought without 2 years service
• Discrimination, whistleblowing, H&S, statutory right, flexible working.
• Consider continuous service?

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Longer serving staff – or if risks identified:- Formal process will be necessary. 1. Set the required standards / targets / timeframe. 2. Monitor against targets. 3. Assuming failed targets - Invite to formal meeting. 4. Consider outcome - Issue first written warning and reset targets. 5. Repeat steps 2, 3, 4 (final written warning, then dismissal).

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ACAS code:-

• The Acas Code recommends that at least two warnings are given before an individual is

dismissed for poor performance.

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Can employees reopen previous warnings?

The Big Questions…

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Previous warnings:-

• Employees who have already received a final written warning may sometimes try and

argue (either at the stage of dismissal, or later, in tribunal) that the earlier warning had been unfairly given and that the employer should have ignored it and therefore not dismissed the employee.

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Previous warnings:-

• However, there are limits to the extent to which an employer can be expected to revisit

what has taken place at an earlier stage in the process.

• Court of Appeal recently held that it is not the Tribunal's to re-open the final warning; it is

merely to determine whether the warning is a circumstance which a reasonable employer could reasonably have taken into account. Relevant factors will be whether the warning was issued in good faith, whether there were prima facie grounds for giving it, and whether it was manifestly inappropriate.

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Is performance really the issue?

The Big Questions…

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Other causes of performance issues:-

• Ill-health or disability.
• Problems with child care or caring responsibilities.
• Poor management within the team.
• Harassment or bullying by a manager.
• Excessive workload leading to inability to deliver and stress for the employee

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