Employment Breakfast Briefing

Coffin Mew

Employment Team

9 October 2014

www.coffinmew.co.uk

Employment Breakfast Briefing

Performance management during employment – Susy Perry

Disciplining and dismissing under performers – Holly Cudbill

What’s on the horizon – Tabytha Cunningham

Performance Management

Presented

by

Susy Perry

Senior Solicitor

Employment Team

Engaging Employees

Benefits of managing performance: Improved staff retention - employees will feel that the work

that they do is of value and is recognised Reduced absence - employees will feel that their absence

will have a negative impact on the rest of the team Improved commitment, team spirit and output Demonstrates ongoing dialogue with employees Reduced management time dealing with under performers

Engaging Employees

Ways to positively engage with employees: Regularly communicate with employees Inform employees about the general objectives

and overall strategy of the business Tell employees how their work contributes to the

success of the business Provide a forum for employees to ask questions

and make suggestions Conduct regular appraisals

Performance Management

Why aren’t we good at performance management? We don’t know how to do it We’re not confident about having difficult

conversations with employees We’re worried that there are other reasons

which are affecting an employee’s performance and therefore it could lead to opening up “a can of worms”!

We don’t have time!

Performance Management

Why should we stop burying our heads in the sand?

Recruitment Process

Before an employee starts make sure you have: A carefully drafted job description Evidence of all relevant qualifications References A signed contract of employment An induction process

Probationary Period

An initial period during which the employee’s performance is assessed

Advantages: Clear timeframe for review Ensures the employee understands their performance is

being assessed Shorter notice period during the probationary period

Probationary Period

Contract of employment should cover: The duration of the probationary period A shorter notice period during the probationary

period The ability to extend the probationary period That the outcome of the probationary period

will be confirmed in writing

Dismissal during probationary period

Common mistakes Assuming the employee cannot bring any

claims if dismissed during the probationary period

Raising concerns out of the blue at the end of the probationary period

Not making it clear that performance is the reason for dismissal

Not following any process to dismiss

Dismissal during the probationary period

Minimum process:1. Invite the employee to attend a meeting and explain

concerns about performance

2. Confirm the reasons for dismissal in writing

3. Give the employee the right to appeal

Remember employees don’t gain protection from ordinary unfair dismissal until they reach 2 years’ service

Ongoing performance management

Encourage line managers to deal with performance on a day to day basis

Remember it’s about recognising good performance as well as addressing bad performance

Set standards/targets for all employees Review standards/targets for consistency

Appraisals

Effective appraisal system: Focus on improving performance in the future Use the appraisal as a dialogue, not a one sided

process Do not generalise Do not be overly critical Agree areas to improve and keep a record

Disciplining and dismissing employees for under performance

Presented

by

Holly Cudbill

Associate

Employment Team

What is poor performance?

Missing targets Missing KPIs Missing deadlines Poor quality of work Bad attitude Attendance Time-keeping

Conduct v Performance

Performance: can’t do the job

Conduct: can do the job, choose not to

What about grey areas?

Underlying factors

Personal Medical Age Lack of training Lack of understanding Lack of ability Stress Too much work Personality clashes at work

Investigating the poor performance

Meet with the employee Explain concerns Be prepared to back up what you’re saying Check if employee agrees Does employee have an explanation?

How can we help?

Personal Medical Age Lack of training Lack of understanding Lack of ability Stress Too much work Personality clashes at work

Setting targets & reviewing performance

Be realistic Don’t set the employee up to fail Allow enough time to improve Be clear about the review period Be clear about how you will monitor and review

the performance Be clear about what will happen if the

performance does not improve

Sanctions

First written warning Final written warning Dismissal Redeployment/demotion

Case Study

Security guard. Calls to be made every hour on the hour. More than 10 missed calls in a month, issue warning. Security guard suffered from migraines and the medication made him forgetful.

April 29 missed calls – warning May 10 missed calls – final warning June 11 missed calls – dismissed

Fair or unfair?

Procedure – the basics

Invite employee to meeting, in writing Supply all evidence in advance of meeting Allow employee to be accompanied Take notes Write to employee to confirm outcome, including

any sanctions, targets and length of review period Give employee the right of appeal Follow the ACAS Code of Practice

Other options

Redundancy

Conduct

Protected conversation & settlement agreement

Retirement

Managing under performance - Dos

Tackle poor performance Maintain a dialogue Keep records Have evidence Consider a capability procedure

Managing under performance – Don’ts

Ignore the problem Move the problem Let emotions get in the way Overstate the evidence Make assumptions

What’s on the horizon?

Presented

by

Tabytha Cunningham

Associate

Employment Team

Shared Parental Leave and Pay

New System = Parents of children born or adopted on or after

5 April 2015 can take shared parental leave in a combination of their choice

Share parental leave entitlement =

52 weeks - number of weeks’ mother spent on maternity leave

Current maternity and paternity leave rules will also continue

Shared Parental Leave and Pay

New System = Parents of children born or adopted on or after

5 April 2015 can take shared parental leave in a combination of their choice

Share parental leave entitlement =

52 weeks - number of weeks’ mother spent on maternity leave

Current maternity and paternity leave rules will also continue

Shared Parental Leave and Pay

What do you need to know? Employees can request different patterns of leave mixed

with work Employees entitled to take parental leave Employees can only take discontinuous leave with

employer’s agreement Employees must give at least eight weeks’ notice of

request for leave - “booking notice” Two week discussion period after booking notice

received to discuss pattern

Shared Parental Leave

What do you need to do? Update your:

Maternity policy Paternity policy Adoption leave policy

Consider how you are going to deal with pay Communicate the new entitlement to employees Consider how you are going to deal with requests

What’s on the horizon?

Proposals for employment law - Labour Public sector bodies would be required to monitor and

publish the social background of their workers Large companies with over 250 employees would be

required to publish average pay for men and women for each pay grade

Minimum wage increased to £8 Increased rights for the self employed More apprenticeships Abolition or change to Employment Tribunal fees?

What’s on the horizon?

Proposals for employment law – Liberal Democrats Expansion of apprenticeships offering vocational education Encourage employers to provide more flexible working with

a “use it or lose it” month off for fathers Require companies with over 250 employees to publish

information on gender pay differences and declare the number of people they employ on less than the living wage

Look at increasing national minimum wage Clamp down on abusive practices for zero hours working

What’s on the horizon?

Proposals for employment law - Conservatives Three million more apprenticeships Plan to scrap exclusive zero hours contracts which tie

people to a company without the guarantee of work New bill of rights and responsibilities to replace Human

Rights Act 1998 Changing Britain’s relationship with the European

Convention of Human Rights and the European Court of Human Rights in Strasbourg

In/out referendum on Europe by 2017

The content of this presentation is for general information purposes only. It does not constitute professional advice (legal or otherwise) nor

should it be used as such for any specific situation. The information should be read in the context of the entire presentation. We therefore cannot accept responsibility for any act and/or omission based on the

material contained in it.

© Coffin Mew LLP 2014