UNDER-PERFORMANCE UNDER SCRUTINY

Released On 9th Dec 2022

UNDER-PERFORMANCE UNDER SCRUTINY

The countdown is on – 16 sleeps until Christmas! If, like me, you’re rushing around wondering how it has crept up on you despite last year’s resolution to be more organised, you might well be questioning your performance against that self-set objective. Ah, if only life didn’t get in the way. Maybe, like Santa Claus himself, I should’ve been making a list – and far sooner than the 9th of December!

Speaking of lists, it’s usually the best place to start when tackling an underperforming employee too. Just this week, I’ve read a Tribunal judgment in which the employer was criticised for dismissing an employee when the employer itself couldn’t even articulate the alleged performance issue. Step one, therefore, is always to imagine you are explaining the situation to someone who has no knowledge of your business (ahem, a Tribunal Judge, for example). In words of one syllable, what is the employee required to do that they are not doing, and why. Try to avoid being vague but equally try to avoid being so specific that you narrow the issue too far; it’s a fine line and the ‘why’ part is important. It helps to show that the expectation level is fair and reasonable in the first place.

The second crucial step is to communicate the targets to the employee. The employee must be given the opportunity to put things right before being given Santa’s boot. Appropriate warnings and support are fundamental to a fair process. Maybe naively, I take the view that most (not all!) employees, like Santa’s elves, want to do a good job, so try to find out how you can help them; is there something they don’t understand, are there external pressures, is there a clash within the team, do they need some training? This sort of conversation is much more beneficial if it is had at an early stage before relations get frosty; try to ensure you are all singing from the same hymn sheet as soon as possible.

Step three? Regular reviews and updates, making sure of course that you document your efforts and check back against that list. There is nothing an Employment Tribunal likes more than a nice, clear paper trail - even if it’s a follow up email to set out what was discussed and agreed. If the performance issue can’t be resolved, you need to be able to justify their continued presence on the naughty list.

What about potential issues along the way? Rarely is the sleigh ride ever smooth. Adjustments need to be made for disabled employees, you could be thwarted by a grievance, there might be sickness absence to contend with… possibilities abound, but nothing is insurmountable. If you’re struggling to see the wood from the Christmas trees then give one our friendly team members a call to help you de-mist-ify the issues.