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Managing Conduct and Performance
Carrying out formal Procedures
There are two separate procedures: MISCONDUCT POOR PERFORMANCE However the basic steps and procedures are
Harassment Disorderly Conduct
Managing Conduct and
Performance
The Disciplinary Stages
Verbal or Oral Warning (Stage 1)
Written Warning
(Stage 2)
Final Written Warning (Stage 3)
‘Challenging’ members of your team.......?
Managing Conduct and Performance
At QHotels ALL managers must take responsibility for dealing with performance and conduct issues within their teams
Managing Conduct and Performance
Failure to comply with these statutory procedures will render a dismissal as automatically unfair, and are likely to increase any damages awarded by 10-50% if procedure has been breached
the same
Handling Misconduct
Some Examples of Misconduct: Persistent Absenteeism or lateness
Unauthorised Absence Misuse of company facilities Failure to follow company rules
Employees with any length of service can bring a claim of wrongful dismissal
Managing Conduct and Performance
What is the role of Human Resources in managing conduct and performance?
Encourage open and honest communication with your team
How should counselling work? Always carry out discussions discreetly and away from other members of the team Listen to any explanations put forward there may be a genuine personal reason for a problem - try and help find a solution Make it quite clear what is not acceptable (conduct or performance) and that improvement is required and that there is a timescale - explain that next stage is likely to be formal action Keep a note on employee’s file for reference purposes
Why have formal Procedures? To deal with employees who fail to meet expected standard of conduct or performance
The procedure ensures that employees are treated fairly
To warn clearly of the consequences if no improvement is made
To protect the company against claims for unfair dismissal
All employees who have one or more years service can bring a claim for unfair dismissal
Problems can often be resolved before whilst they are minor
Be aware of your team and their work performance
Never avoid a potential problem – it will not go away
Prior to the hearing Employee should be informed a minimum 24 hours prior to hearing (maybe longer depending on seriousness/complexity of case (always inform verbally prior to sending formal written invite)
Prior to hearing, check the facts e.g. length of service, previous warnings, any known mitigating circumstances to be taken into account
Remember it is the ‘procedure’ not the decision that should be consistent, fair and reasonable eg employees may be treated differently for the same type of offence
Managing Conduct and Performance
Is there a legal requirement to comply with set procedures when managing conduct or performance?
In October 2004, the Employment Act made it a legal requirement for all organisations to follow minimum statutory procedures
Understand the disciplinary procedure
Carry out formal disciplinary action within the scope of your authority
Understand the appeals procedure
Managing Conduct and PeHrofowrdmoaynocuedeal with the
Managing Conduct and
Peing a claim of unfair dismissal?
All employees with over 12 months continuous service
Those with less than one year’s service can bring a claim if they believe they were dismissed on grounds of discrimination eg sex, race, disability etc
To begin with this may mean simply informal counselling....
Managing Conduct and Performance
What is Counselling?
Counselling means talking to people about potential problems immediately and informally
Prior to the Hearing A full and thorough investigation completed to establish if there is a case to answer
Written notification to employee inviting them to attend a hearing, detailing the allegation, informing them of their right to be accompanied, and including details of any evidence that will be included e.g. copies of training records, statements etc
This legislation will be amended in April 2009 shortly, however procedures will still apply and should always be followed
It is essential that you always lead by example when dealing with formal conduct and performance issues
Dismissal
(Stage 4)
Remember that the sanction imposed will depend on the seriousness of misconduct/poor performance or whether it is a repeat of previous or similar offence
Human Resources must always be involved at every stage of the process to ensure that the correct procedure is followed – they represent the interests of both parties – the Company and the Employee
The ‘Managing Conduct and Performance’ Course deals with this in detail
This session gives a summary overview
Managing Conduct and Performance
The most important piece of advice is to ALWAYS ‘nip in the bud’ any potential problems!
Managing Conduct and Performance
Gareth Edwards Assistant Group Training Manager
Course Objectives:
By the end of this course you will be able to:
Understand the importance of counselling, and know how to identify potential problems