Managing Performance

How to get the best out of your employees

Deeside Enterprise CentreThursday 6th June 2013

Employment Law

Rachel Reid Justine Watkinson•Justine is Head of the Employment Law Team

•Extensive expertise in advising on executive appointments and terminations, drafting of contracts of employment and handbooks, redundancy, disciplinary and grievance

•Extensive experience in advising companies including aerospace, automobile and logistics

•Specialties include advising on Tribunal claims, disciplinaries, grievances, discrimination, redundancy, business reorganisations and industrial relations

Overview

•Company Assets•Typical problems with employees •Reasons to Manage Your Staff •Understanding the Law•How to manage your staff – Procedures/Top

Tips•Dismissal – a last resort?•Aventi – HR/Employment Law Service•Q&As

Company Assets •View your employees

as financial assets

•Invest time in recruiting and managing your employees

•Nurture your employees

Typical problems with employees

Do you have these problems in your work place?

•Too much chatting•Lateness•Frequent errors •Slow worker•Using mobile phones•Inflexibility•Persistent absence

Reasons to manage your staff

Sir Alan Jones, Chairman of Toyota UK:

“Wherever you work, your job as a manager is to make your people be the best they can be – and usually they don’t know just how good they could be. It’s individuals that

make the difference”.

Engaging for Success: enhancing performance through employee engagement A report to Government by David MacLeod and Nita Clarke

5 Reasons to manage your staff

1. Return on Investment (ROI)

2. Costs of recruitment3. Increase morale4. Affect on other employees5. Managing managers’ time

Understanding the Law

When is a dismissal fair?

•Employer must have a potentially fair reason for dismissal •Employer must have acted reasonably

Understanding the Law

5 Fair Reasons - Employment Rights Act 1996

•Capability •Misconduct

•Redundancy

•Statutory restriction

•Some Other Substantial Reason

Understanding the Law

When can an employer be said to have acted reasonably?

•Depends on the circumstances, the size and administrative resources available to the employer

•The employer was correct in treating the poor performance issues as a reason to dismiss

•Determined in accordance with the merits of the case

(s.98(4) ERA)

Understanding the Law

Reasonableness…

•ACAS Code of Practice

•25% increase on compensation for an employer’s failure to follow the Code

•Importance of setting the standards

How tomanage your employees?

Disciplinary or capability?

1.Deliberate misconduct

2.Poor performance

Informal or Formal Process?

Informal •Early stages of a problem that do not cause serious concern

•Communicate with your employees•Informal chat and refresher training•Remind employees of the standard expected of them

•Motivate a change in performance•Is there an improvement in performance?

Informal or Formal Process?

Formal•No improvement following informal chat•Invite to a formal meeting•Issue a warning•Set out a training plan and KPIs•Set time period for improvement

Top Tips on managing performance

•Setting the standards

•Managing the standards

•Training your managers

•Training your employees

Setting the Standards

•Staff Handbook

•Contractual

•Policies/guidelines specific to an individual role or department

•Job description

Managing the standards

•Appraisals

•Make a record of performance or behavioural issues

•Redundancies – objective measures

•Review, update and introduce new policies

•The standards need to be understood at the top

•Manage the managers•In-house training •External training e.g. dignity at work, system training

Train your managers

Training your employees

Dismissal – A Last Resort?

Aventi

•Aventi offers tailored, dedicated and personal employment law and HR support

•Developed a support service that will provide peace of mind and can adapt and grow with you

•Our Aventi team are dedicated to providing proactive and timely advice and expertise

•Employer liability Insurance