Validation Date: 11 th January Ratified Date: 11/01/2018

Size: px
Start display at page:

Download "Validation Date: 11 th January Ratified Date: 11/01/2018"

Transcription

1 Document Type: POLICY Title: Performance Management Target Audience: Applies to all Agenda for Change contracted employees Author / Originator and Job Title: Eleanor Palmer-Rigby HR Business Partner Lynne Waddicor, Senior Business Partner ELTHT Replaces: CORP/POL/517, Version.11, Performance Management Policy Version 1, Performance Management Guideline (CORP/GUID/422), Version 1.1 Validated (Technical Approval) by: HR Policy Forum Ratified (Management Approval) by: Joint Negotiating Consultative Committee (JNCC) Issue Date: 11/01/2018 Unique Identifier: CORP/POL/517 Version Number: 2 Status: Ratified Divisional and Department: Human Resources Directorate Risk Assessment: Not Applicable Description of amendments: Amendments throughout following NHS Streamlining and discontinue the separate guideline Validation Date: 11 th January 2018 Ratified Date: 11/01/2018 Which Principles of the NHS Constitution Apply? 3 Is this available on Royal Marsden? No Review Date: 11 th January 2021 Review dates and version numbers may alter if any significant changes are made aims to design and implement services, policies and measures that meet the diverse needs of our service, population and workforce, ensuring that they are not placed at a disadvantage over others. The Equality Impact Assessment Tool is designed to help you consider the needs and assess the impact of your policy in the final Appendix.

2 CONTENTS 1 Principles Target Audience Process Informal Stage Formal Stage Formal Stage Termination of Employment (Capability Hearing) Appeals Attachments Procedural Document Storage (Hard and Electronic Copies) Locations this Document Issued to Other Relevant / Associated Documents Supporting References / Evidence Based Documents Consultation / Acknowledgements with Staff, Peers, Patients and the Public Definitions / Glossary of Terms Author / Divisional / Directorate Manager Approval... 7 Appendix 1: Performance Management Policy Flowchart... 8 Appendix 2: Policy on a Page... 9 Appendix 3: Equality Impact Assessment Form Page 2 of 11

3 1 PRINCIPLES Blackpool Teaching Hospital (the Trust) recognises that the ability to deliver high quality services will be achieved through the high standards of from all staff. This Policy is to be followed to address situations where an employee is lacking in some area of knowledge, skill or ability, and is consequently unable to carry out their required duties to an acceptable standard. This Policy is not intended to cover situations where poor relates to a lack of effort, negligence or a refusal to work to required standards, this will be managed through the Disciplinary policy. In cases where the poor is health related this will be managed through the Attendance Management policy. This policy should be applied sequentially. However, in individual cases consideration may be given to move to the latter stages of the policy where a serious situation occurs or where the employee is not demonstrating efforts to improve or where the employee has been managed via this policy in the previous 12 months. At all formal meetings, employees have the right to be accompanied by a member of a recognised trade union or a work colleague. The representative or colleague will have the opportunity to address the meeting in order to present the employee s case. They cannot, however, answer a question directly asked of the employee. Managers may be accompanied by an Human Resources (HR) Representative at all formal meetings. An HR representative will always be present at formal meetings where dismissal is a potential outcome. 2 TARGET AUDIENCE Applies to all Agenda for Change employees 3 PROCESS 3.1 Informal Stage Managers must identify the areas of concern regarding the employees and explain that a failure to achieve the required improvements in within the agreed timescale might result in the formal application of this policy. The outcome of the meeting, including any agreed actions and review dates, will be confirmed in writing to the employee within 7 days of the meeting and a copy of the letter placed on their personal file. During the review period the individual s will be monitored. The manager will have regular contact with the employee to discuss progress against the agreed objectives and advise if there is a continuing cause for concern. Page 3 of 11

4 If satisfactory improvement is achieved and maintained, no further action shall be taken. This will be confirmed in writing to the individual. 3.2 Formal Stage 1 If informal management does not lead to the required improvement within the agreed timescales, the manager will meet the member of staff in a formal stage 1 meeting. The employee will be notified in writing that this meeting is to take place. Managers must ensure that employees receive the meeting notification a minimum of 7 days beforehand. At the meeting the manager and member of staff will: discuss progress towards achieving the required standard review the objectives and associated paperwork against which the employee s has been evaluated consider reasons for the continuation of unsatisfactory analyse the support that has been provided during the review period including any identified training that has taken place review and update the expectations agree a realistic timescale for improvement dependent upon the scale of improvement required and the length of the previous review period (normally between 4 and 8 weeks) The outcome of the meeting will be confirmed in writing to the employee within 7 days of the meeting and a copy of the letter placed on their personal file. During the period of time agreed at the formal stage 1 meeting the individual s will be monitored. The manager will have regular contact with the employee to discuss progress against the objectives and advise if there is a continuing cause for concern. If satisfactory improvement is achieved and maintained, no further action shall be taken. This will be confirmed in writing to the individual. 3.3 Formal Stage 2 If formal stage 1 does not lead to the required improvement within the agreed timescales, the manager will meet the member of staff in a formal stage 2 meeting which will follow the same process as for Stage 1 discuss progress towards achieving the required standard review the objectives and associated paperwork against which the employee s has been evaluated consider reasons for the continuation of unsatisfactory Page 4 of 11

5 analyse the support that has been provided during the review period including any identified training that has taken place review and update the expectations agree a realistic timescale for improvement dependent upon the scale of improvement required and the length of the previous review period (normally between 4 and 8 weeks) Consideration should be given at this stage to alternative vacancies which the employee would be competent to fill. If there are, details will be given to the employee s attention of vacancies at a similar or lower grade and employees will be guaranteed an interview if they meet the minimum criteria outlined in the person specification in accordance with the process for redeployment. No appointment can be guaranteed, however, where appointment is offered the employee is not entitled to pay protection. Whilst seeking alternative employment the Line Manager must determine where best to place the employee, which may include temporary reassignment to alternative duties. Any post applied for and any interview attended must take place during the agreed review period. The employee must be informed by letter that if the required improvement is not achieved within the agreed timescales, consideration will have to be given to termination of employment. 3.4 Termination of Employment (Capability Hearing) Managers must not consider termination of employment unless the employee has been made fully aware of the possible consequences of continued impaired poor and given sufficient time to achieve the targets set and/or all other courses of action as outlined above have been exhausted or proved to be impractical. The length of time allowed to improve will vary, depending on the circumstances, but should take into account the knowledge and experience of the employee, the nature of their job and previous work. However, if all courses of action have been unsuccessfully concluded, employment may be terminated at a formal hearing which will follow the process outlined within the Disciplinary Policy. The hearing must be chaired by a Senior Manager Grade 8b or above and must be arranged to take place in a timely manner following completion of Formal Stage 2. The employee will normally be dismissed with the appropriate notice period, or with payment in lieu of notice where it is considered inappropriate for the employee to remain in work. Where staff have a professional qualification, an Executive Director of the Trust will authorise notification to their Professional Regulating Body if there are serious concerns about an individual s ability to carry out their professional role and where there may be a danger to the public of continued registration. Page 5 of 11

6 3.5 Appeals Employees have the right of appeal against termination of employment. A more senior level manager will hear the appeal with the exception of appeals against dismissal. Appeals against dismissal will be heard by a Panel of 2 Directors, one of whom must be a non-executive Director. A senior member of HR will also be present to support the panel. An appeal must be made in writing within 14 days of receipt of the letter detailing the meeting outcome and must include clear grounds upon which the appeal is made. The line manager will respond to the grounds of appeal in writing and provide copies to the appeal panel and employee, ensuring reasonable time for all parties to review prior to the meeting. 4 ATTACHMENTS Appendix Number Title 1 Performance Management Policy Flowchart 2 Policy on a Page 3 Equality Impact Assessment 5 PROCEDURAL DOCUMENT STORAGE (HARD AND ELECTRONIC COPIES) Electronic Database for Procedural Documents Held by Procedural Document and Leaflet Coordinator 6 LOCATIONS THIS DOCUMENT ISSUED TO Copy No Location Date Issued 1 Intranet 11/01/ Wards, Departments and Services 11/01/ OTHER RELEVANT / ASSOCIATED DOCUMENTS Unique Identifier Title and web links from the document library CORP/POL/011 Attendance Management Policy POL-011.docx CORP/POL/525 Disciplinary Policy POL-525.docx CORP/PROC/636 Disciplinary and Appeal Procedure PROC-636.docx 8 SUPPORTING REFERENCES / EVIDENCE BASED DOCUMENTS References In Full Page 6 of 11

7 9 CONSULTATION / ACKNOWLEDGEMENTS WITH STAFF, PEERS, PATIENTS AND THE PUBLIC Name Designation Date Response Received HR Policy Forum members HR Policy Forum member 8 th January DEFINITIONS / GLOSSARY OF TERMS HR Human Resources 11 AUTHOR / DIVISIONAL / DIRECTORATE MANAGER APPROVAL Issued By Eleanor Palmer- Rigby Checked By Lesley Smith-Payne Job Title HR Business Partner Job Title Head of Strategic HR Date November 2017 Date November 2017 Page 7 of 11

8 APPENDIX 1: PERFORMANCE MANAGEMENT POLICY FLOWCHART Identify issue from continued under Informal Stage - 1 to 1 Management to highlight concerns Agree objectives and a review date Outcome of meeting letter Monitoring period Regular contact to discuss progress No improvement to Improvement to No further action- Letter of confirmation Formal Stage 1 Employee Accompanied and HR present if required Employee advised of areas of concern Employee advised of potential outcomes if insufficient improvement outcome letter Monitoring period Regular contact to discuss progress No improvement to Improvement to No further action- Letter of confirmation Formal Stage 2 Employee Accompanied and HR present if required Employee advised of areas of concern Employee advised of potential outcomes if insufficient improvement Consider redeployment where appropriate No improvement/ inadequate improvement to Improvement to No further action- Letter of confirmation Termination of Employment Hearing (Formal) Notice period or payment in lieu of notice Outcome letter Right of Appeal Page 8 of 11

9 APPENDIX 2: POLICY ON A PAGE Page 9 of 11

10 APPENDIX 3: EQUALITY IMPACT ASSESSMENT FORM Department Organisation Wide Service or Policy Policy Date Completed: November 2017 GROUPS TO BE CONSIDERED Deprived communities, homeless, substance misusers, people who have a disability, learning disability, older people, children and families, young people, Lesbian Gay Bi-sexual or Transgender, minority ethnic communities, Gypsy/Roma/Travellers, women/men, parents, carers, staff, wider community, offenders. EQUALITY PROTECTED CHARACTERISTICS TO BE CONSIDERED Age, gender, disability, race, sexual orientation, gender identity (or reassignment), religion and belief, carers, Human Rights and social economic / deprivation. QUESTION RESPONSE IMPACT What is the service, leaflet or policy development? What are its aims, who are the target audience? Does the service, leaflet or policy/ development impact on community safety Crime Community cohesion Is there any evidence that groups who should benefit do not? i.e. equal opportunity monitoring of service users and/or staff. If none/insufficient local or national data available consider what information you need. Does the service, leaflet or development/ policy have a negative impact on any geographical or sub group of the population? How does the service, leaflet or policy/ development promote equality and diversity? Does the service, leaflet or policy/ development explicitly include a commitment to equality and diversity and meeting needs? How does it demonstrate its impact? Does the Organisation or service workforce reflect the local population? Do we employ people from disadvantaged groups Will the service, leaflet or policy/ development i. Improve economic social conditions in deprived areas ii. Use brown field sites iii. Improve public spaces including creation of green spaces? Does the service, leaflet or policy/ development promote equity of lifelong learning? Does the service, leaflet or policy/ development encourage healthy lifestyles and reduce risks to health? Does the service, leaflet or policy/ development impact on transport? What are the implications of this? Does the service, leaflet or policy/development impact on housing, housing needs, homelessness, or a person s ability to remain at home? Are there any groups for whom this policy/ service/leaflet would have an impact? Is it an adverse/negative impact? Does it or could it (or is the perception that it could exclude disadvantaged or marginalised groups? Does the policy/development promote access to services and facilities for any group in particular? Issue Action Positive Negative Raise awareness of the Yes Clear Organisations format and processes identified processes involved in relation to the procedural document. The Policy Document is to ensure that all members of staff have clear guidance on processes to be followed. The target audience is all staff across the Organisation who undertakes this process. Not applicable to community safety or crime No No Ensures a cohesive approach across the Organisation in relation to the procedural document. The Policy includes a completed EA which provides the opportunity to highlight any potential for a negative / adverse impact. Our workforce is reflective of the local population. No None identified All policies and procedural documents include an EA to identify any positive or negative impacts.

11 APPENDIX 3: EQUALITY IMPACT ASSESSMENT FORM Does the service, leaflet or policy/development impact on the environment During development At implementation? No ACTION: Please identify if you are now required to carry out a Full Equality Analysis Yes No (Please delete as appropriate) Name of Author: Signature of Author: Eleanor Palmer Rigby Date Signed: November 2017 Name of Lead Person: Signature of Lead Person: Lesley Smith-Payne Date Signed: Name of Manager: Signature of Manager Eleanor Palmer-Rigby Date Signed: November 2017 Page 11 of 11