Improving Performance Policy

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1 Improving Performance Policy If you re finding it hard to meet your performance goals or maintain your standards of performance we want to help you by giving you as much help and support as we reasonably can. Contents 1 Introduction 2 Who does this policy apply to? 3 What is underperformance? 4 How is my performance managed? 5 What s the difference between under performance and misconduct? 6 What s the informal performance process? 7 What happens if my performance improves? 8 Are there any exceptions to the informal performance process? 9 What s the formal performance process? 10 What should an action plan include? 11 How long will I have to improve my performance? 12 What happens in a formal performance meeting? 13 How long will a formal performance warning stay on my file? 14 Can I bring someone with me to the meeting? 15 Can I appeal? 16 What happens if I can t attend a formal meeting or appeal hearing? 17 What if I m dismissed? Page 1 of 10

2 1 Introduction 1.1 The aim of this policy is to support you if you aren t doing as well as you could be and to give you the chance to improve your performance to a satisfactory level at the earliest possible stage, so we can ensure that Deaf Direct is a great place to work and successful. Anyone who is managed through this policy and procedure should not consider themselves as disciplined. 1.2 Your performance is measured against the accountabilities for your role, the objectives and targets you ve been set and also against behaviours. Where improvements in performance are identified, it is normally when an employee is unable to meet the required levels due to their ability, even when they ve been trained. We appreciate that underperformance may not be the employee s fault, and that underperformance may relate to single or certain parts of a job description whilst the remaining areas are performed satisfactorily. It is therefore important to establish the underlying reason for any underperformance as this will help us decide whether or not to use this policy. 1.3 If despite all best efforts, the individual is unable to perform to the required standards, then reference should be made to this policy. If the poor performance is due to ill health, reference should be made to the Sickness Absence Policy. This policy doesn t apply to someone who is not doing as well as they could because of their attitude, for example because of negligence, carelessness or a lack of effort as these are conduct issues and would be dealt with through the disciplinary policy. 1.4 This policy does not form part of your contract; it sets out the procedure Deaf Direct will normally use to handle any underperformance issues at work. We reserve the right, at our discretion, to vary, replace or terminate the procedure at any stage. 2 Who does this policy apply to? 2.1 This policy applies to anyone who is directly employed by Deaf Direct. 2.2 This policy does not apply if you are still in your probation policy; should there be any performance issues during your probation period your manager will follow the Probation Policy. Page 2 of 10

3 3 What is underperformance? 3.1 This policy and process applies to you if you aren t meeting the requirements of your role because you don t have the right skills or ability to do the job. So, examples of this could be a general failure to reach the required standards of your job, being inefficient, or not using appropriate behaviours so it s the way you do things as well as what you do which matters. We want you to improve, develop and maintain your performance at a satisfactory level by being fair and consistent so it benefits both you and Deaf Direct. 4 How is my performance managed? 4.1 Your manager monitors your performance through regular performance reviews / supervisions. If it is clear through your regular 1-2-1s that you aren t reaching the required standards of performance, then your manager will work through the informal performance improvement process with you, outlined below. If your performance doesn t improve and continues to be below the required standards, then your manager will start the formal performance improvement process. 4.2 Your manager will have an improving performance meeting where he/she will discuss the issues with you, monitor your performance levels and then together you ll devise an action plan for improvement. Ultimately a formal performance improvement meeting may have one of the following outcomes: You meet your performance objectives, KPIs / targets so your manager doesn t take any further action. Your improving performance review period is extended. Your manager gives you a warning for performance which could be a stage one warning, a stage two warning or a stage three warning. You are dismissed with notice. You are redeployed or demoted to a different role. 4.3 Don t forget that you play an important part in managing your own performance, and ultimately you are responsible for your own actions. It s important therefore that you play an active part in discussing and Page 3 of 10

4 reviewing your performance with your manager, and identifying any areas that you need extra support or training in. 5 What s the difference between under performance and misconduct? 5.1 Underperformance and misconduct are separate issues and should be treated differently ( can t do versus won t do ). For example, the issue relates to under performance when you simply don t have the skills or ability to reach a level of performance or follow instructions. But if for example, you deliberately ignore or refuse to follow instructions, your manager would probably class this as misconduct and would follow the Disciplinary Policy. 5.2 If you re unable to meet the required performance standards because of ill health, then your manager will normally refer to the Sickness Absence procedures. If we re unsure whether your underperformance is because of ill health or a general lack of skills or ability, we may decide to refer you to a suitable medical advisor for guidance. You have the right to decline such an examination, but this means that we may need to make decisions based on whatever information is available at that time. 6 What s the informal performance process? 6.1 Wherever possible, your manager will use the informal performance process first, as we d much prefer to resolve issues in an informal way with you. Your manager will have an improving performance meeting where he/she will discuss the performance related issues with you, and you ll agree together what you need to do so that you can reach the acceptable standard of performance. 6.2 You should draft and agree an action plan together, along with any training and support that you may need. If you and your manager can t reach agreement on the action plan, and you have been given every opportunity to respond to the underperformance concerns, he/she can instruct that you follow the action plan. In extreme circumstances, such as if you refuse to co-operate, reference may be made to the Disciplinary Procedure. 6.3 Your manager will meet with you regularly during the improvement review period to review and monitor your progress against the action Page 4 of 10

5 plan. If very poor or unacceptable effort or progress is being made by you, or the necessary improvements are not being sustained, your manager may move to the formal performance process. 6.4 At the end of the informal improvement review period, your manager will hold a final review meeting with you so you can discuss your action plan, what s been achieved, and whether this shows that you ve progressed to an acceptable level of performance. You should also discuss any further training and support which you need to do your job well. 6.5 Your manager will update your action plan and may a) close your action plan, if you ve successfully met the performance standards, b) give you a further review period, for instance if extra training needs to be arranged, or c) move to the formal process, if you haven t achieved the required standards. This will be confirmed to you in writing. The outcome depends on the nature and complexity of the performance issues, the reasons for any remaining performance gap and whether you have made any improvements so far. 7 What happens if my performance improves? 7.1 If by the end of the review period you have successfully met all the requirements, and sustained your performance, this will be confirmed to you in writing. The letter will detail what standards are expected of you in the future, and explain that that should your performance drop below the required level again in the next 12 months, the formal performance process could be used. 8 Are there any exceptions to the informal performance process? 8.1 In some situations, your manager wouldn t handle performance issues informally, but rather through the formal performance process. For example where your underperformance has had or will have a significant detrimental effect on the business or your department. Your manager may also omit or add to any stage of the procedure, depending on the circumstances. 9 What s the formal performance process? 9.1 If your manager thinks that your performance is not improving by using the informal process or if your underperformance has had a significant detrimental effect on the business, then your manager will start working Page 5 of 10

6 through the formal improving performance process with you. In situations when you ve worked through the informal process first, then your manager will make sure that this has been worked through properly and thoroughly and he/she has documents to support this before starting the formal process. 9.2 Your manager will write to you to invite you to a formal meeting to discuss your performance. You can expect to have at least 24 hours notice of the meeting. The letter will give you the details of the performance concerns. Before the meeting you should make sure that you have copies of any notes or action plans from your manager. 9.3 Your manager may be accompanied by another manager, or a HR representative, to take notes of everything that is discussed. 9.4 There are usually four stage meetings in the formal performance process, and at each of the first three meetings you may receive a warning for under performance (stage 1, stage 2 or stage 3 warnings). Generally your manager would work through the process with you stage by stage, but there may be some occasions when the outcome of the meeting may skip a stage and your manager may give a more serious warning, but this will depend on the nature and severity of the issue. The final stage 4 meeting may lead to you being dismissed from Deaf Direct and in this instance you will be advised, in writing, of this before the meeting. 10 What should an action plan include? 10.1 Your action plan should include the following: Summary of the performance issue, possible causes and agreed solutions. Timetable for achievement of the plan including date of next review. Details of any activities or behaviours that will be monitored by your manager. Details of any support that you and your manager have agreed will help you e.g. training Your manager will give you a written copy of the action plan for your own records. Page 6 of 10

7 11 How long will I have to improve my performance? 11.1 The time your manager gives you to improve your performance will depend on what s reasonable in the circumstances. The review period between each meeting should give you enough time to improve and for your manager to judge whether your performance has improved sufficiently Generally timescales for improvement are 4 or more weeks depending on the nature of your role, the improvement needed and the action plan that has been put in place. However if you're in a role which is target / KPI focused and you are able to improve performance quickly and therefore your targets, then it may be reasonable for the timescales to be shortened to a minimum of 2 weeks. In other cases where the improvements require a long-term strategy or training, the review period may be longer e.g. 3 months. 12 What happens in a formal performance meeting? 12.1 Each meeting is a chance for you and your manager to discuss the issues, possible causes, and training and support so you can improve your performance. Your manager will make sure that they have the full details of the performance issue and the impacts of this level of performance. Your manager will measure your performance and the progress you ve made against the objectives or KPIs / targets and actions which you agreed at the last meeting. If you haven t made enough progress, you and your manager should explore the reasons for this to work out what the causes are and whether there are mitigating factors Your manager will then decide on the outcome of the meeting, which could be one of the following: o You ve successfully achieved your objectives and completed the action plan and are consistently performing at the required standard and so you can be removed from the improving performance process. This will be confirmed to you in writing. You will also be informed about what happens should there be a repeat of your underperformance. If similar or related underperformance does happen within 12 months, we reserve the right to restart the process from this point, and proceed to the next appropriate stage. Page 7 of 10

8 o Your manager may extend your improving performance review period for example, if you have valid reasons why the objectives or KPIs / targets or the action plans have not yet been met. o You haven t met your objectives or KPIs / targets so your manager will set a further review period for you, and give you objectives or KPIs / targets and agree an action plan with you. Your manager will issue you with a Stage 1, 2 or 3 warning, or if it s a final review meeting, you could potentially be redeployed to another position or be dismissed Your manager will write to you to confirm the date for the next review meeting, where necessary, and should include a copy of the action plan for your records. The letter will also tell you what will happen if your performance doesn t improve, and that you may receive the next stage formal improving performance warning; if you are already at Stage 3 this may ultimately result in you being dismissed at the final Stage 4 meeting of the improving performance process. 13 How long will a formal performance warning stay on my file? A formal performance warning will stay on your file for the following time: o Stage one warning for 6 months o Stage two warning for 9 months o Stage three warning for 12 months If within that time your performance deteriorates below the required standard your manager will recommence the process again at the last stage and you will be invited to another formal performance meeting. 14 Can I bring someone with me to the meeting? 14.1 You have the right to take someone with you to a formal meeting or appeal hearing. Ideally, you should choose someone who is based at the same location or a nearby location The person you take can be either: A work colleague, or Page 8 of 10

9 Employee representative, or A trade union official who is either employed by a trade union or a lay trade union representative who is authorised or has the relevant experience or training to accompany someone at a grievance meeting, or A parent or guardian (if you are under 18 years of age) The person you ask to take with you can choose not to accompany you and if this happens you can ask someone else. It s also important to choose someone who isn t connected with the case as this could potentially influence the outcome If we don t think the person you ve chosen is appropriate we can refuse your choice of representative for example, this could be if you ve chosen someone at another location and we believe there s a suitable representative at the same location as you If they re an employee of Deaf Direct they will also need to agree, with their manager, the time off to accompany you In the formal meeting they can provide you with moral support, and assist you in replying to your manager. They can also ask questions on your behalf, and discuss the issues with you during the meeting. However, they cannot answer any questions asked of you, and they cannot prevent your manager from explaining the reasons for the meeting, or the areas of underperformance We don t allow meetings and appeals to be recorded or filmed. Only written notes will be taken and you will be given a copy for your records. 15 Can I appeal? 15.1 You can appeal against any formal action taken, such as a formal warning, dismissal or action short of dismissal. You should put your appeal in writing to the nominated manager within 7 calendar days from when you receive the letter from your manager, giving their decision. You should clearly state why you are appealing, e.g. the finding was unfair, the penalty too harsh, new evidence has come to light, or there was an error in the procedure followed A line manager who hasn t been involved with any of the previous stages of the process will hear your appeal, where possible. They may be joined Page 9 of 10

10 at the meeting by another manager, or HR representative, to act as a witness and to take notes. You will be informed of the appeal decision in writing; the outcome of your appeal is final. 16 What happens if I can t attend a formal meeting or appeal hearing? 16.1 We understand that attending performance review meetings may be difficult for you at times, and may make you feel uncomfortable. But we also recognise that a fair performance process is important for Deaf Direct and that delaying the process may just make you feel more uneasy. So we try to make sure that the improving performance process is worked through promptly and without delay wherever possible You should make every effort to attend the meeting, but if you can t attend due to sickness absence, or some other reason that you didn t know about at the time the meeting was arranged, then we will attempt to rearrange the meeting for within seven calendar days of the original meeting date. Alternative options, if for instance you re off sick, may include the opportunity to provide a written statement, be represented by an employee representative, or an offer to hold the meeting by telephone or at a neutral venue. If you re persistently unable or unwilling to attend, without good reason, or if you don t attend a meeting without notifying us, we may hold the meeting in your absence and reach a decision based on the evidence available. If the meeting is an appeal meeting, we may assume that your appeal has been withdrawn If the person you d like to bring with you can t attend the meeting then it can be rescheduled within seven calendar days of the original meeting date. If your chosen companion still cannot attend on that date you should choose someone else. 17 What if I m dismissed? 17.1 If there has been no improvement in your performance within the required timescale, you will be told in what ways your performance has failed to meet the required standard. If the decision is made to dismiss you, you will be given notice of your dismissal in writing. You can appeal against this decision if you wish There may be circumstances where we consider alternative action to dismissal. This could include suspension without pay, demotion or transfer to another position (which may result in less pay). Page 10 of 10