Written and recorded by Paul Roy, Law Hound
Hello. Welcome to this session. My name is Paul. I'm from Law. Hound of my background is in finance and managing people for most businesses, employees and one of the most valuable resources and assets. However, most small business owners don't have the luxury of a dedicated HR manager under hate chart seem to rely on when an employee is not performing us. They should. It has a huge impact on your business, particularly have less than 10 employees. Unfortunately, in practice, it's one of the most problematic employees disciplinary issues. This session looks at the initial steps that need to be taken when you as an employer become aware that there is a problem with an employee's performance. This session is aimed at helping you manage your stuff more effectively while she continue to do your work. I'm not an efficient, unsuccessful business. While so working through the session together, police know that I have taken current guidance from a cut into account capability issues. The advice available for employees on the government websites saves. Employers can dismiss an employee as the results of capability issues if they're incapable of doing their job to the required standard or they're capable, but I'm willing to do their job properly, So this sounds like the two main types of capability. I can't do it and don't want to do it. However, the advice talks about ultimately dismissing the employees. But as we also know, dismissal may not be the best option for your business. All the employees. Andi. If you want to dismiss someone, you need to do it fairly. Which means following a for process as a calf suggest many employers treat capability or performance issues at work in the same way as any other misconduct as a disciplinary matter under the organization's disciplinary procedures, however, they can also make it clear that you should not just follow the disciplinary procedures from the outset, but instead you. First, we need to make sure that the employee has an opportunity to improve tackling capability, informally taking immediate action before you look at dealing with capability issues on a formal basis, you should consider how you can deal with an issue informally as part of the day today, management of the employees capability issues need to be dealt with quickly, and as soon as they become a parents at this stage, no only is a greater chance of resolution, but failing to deal with the problems will create MAWR on bigger issues. For example, all the employees will be a word. The capability on will react to this performance. Managements Performance management is one of the best ways to both reduce and deal with capability issues. Performance management is a process by which business managers and then please work together to plan, monitor and review on employees work objectives on overall contribution to the organisation on its business skills and plans. As a cuss, explains Ondas, many studies have shown on efficient performance. Management system means everyone is clear about what your organization is trying to achieve on what their role is in helping this achieving the best working results, because employees are clear about what is expected of them, what skills and competencies they need to fulfill their role on the standard of performance expected employees more engaged because they know how they can develop their performance and contributes the developments of the organization. Ultimately, this means better results for your business, but also less capability issues. This is because an efficient system will help you spot and enable you to deal with capability issues much more easily. If an employee is going off track, you'll be able to line your system to help get things right again. However, we all know in a busy environment, it's also easy for everyone to concentrate efforts on getting the paid work done. And so many things get brushed to one side capability process. Ideally, an employer should have a separate written capability process, which outlines the procedure that will be followed on be based on the following guidance provided by a CASS. But even if he don't have a written process, these are the steps you should consider. While the issues before starting on the process of dealing with capability, you need to be really clear what the issues are. A feeling that the employee is not just doing very well is not going to be enough. Take the time at this stage the example of work issues such as poor work targets or deadlines, messed or complaints from manages or the employees examine your systems, processes and working environment does simply know what is expected. It may sound obvious, but the starting point is to clarify the employees actually understands exactly what you expect of them? Very often we take on stuff because we're really busy. And that could mean an accelerated and sometimes non existent induction. Unlimited training because we can't afford the time. There is no induction manager, specialist and no huge Hey HR departments in a small or micro business in a busy environment, it's all too easy to make assumptions about knowledge and understanding. For example, when delegating work, do you have a formal work allocation or delegation process? If not, this is something that's worth while thinking about ensure that you passed clear instructions, guidance and goals in a way that the employee recognizes and understands. It requires an initial investment of time but ultimately results in greater overall efficiency. Organized a meeting, declare about the purpose of the meeting. Once you've done this, the next step is to organize a meeting with the employees and get back to basics to really discuss and thrash out the role on duties. This is where a cat's recommend that the capability process should differ from the disciplinary process. This is because the purpose of the meeting is to give you both the opportunity to talk things through and find out why there are problems and agree a way forward. You need to make the following very closely employees exactly what was expected of them, what the capability issues are on, what resolutions you expect. This should include defining the expected standard of performance and give examples examining the occasions where those stunners have not been met by the employees and establishing the reasons why they have not been achieved then please imports. The meeting is also to try and establish why there any issues in the first place, so the employees must have the opportunity to let you know anything that is impacted on their performance. For example, the employees may wish to discuss workloads, limited resources, lack of training, management issues or the employee's personal circumstances. You also need to take into account how the employees believes they're performing on any evidence the employee presents mitigation and equality. During the course of the meeting. It means that you may discuss the employee's personal circumstances on the employee, may discuss mitigating circumstances relating to their poor performance, such as personal problems that you don't know about you may, for example, find out that the capability issues are linked to a health problem, then you should deal with the capability issues accordingly. Remember your duties under the equality at 2010 if a person has a disability in that they have a physical or mental impairment that has a substantial a long term adverse impact on the ability to carry out normal day today activities. Your duties include avoiding discrimination by treating the employees on favorably because of something arising in a consequence of their ability and when you can't show that the treatment is a proportionate means of achieving a legitimate aim. Section 15 Equality at 20 turn Andi Making reasonable adjustments where on employees provision criteria or practices put disable person. That's a substantial disadvantage compared with a person who is not disabled. Oh, on employees. Premises have physical features, which put disabled person a substantial disadvantage. A disabled employable puts a substantial disadvantage if they're not provided with an auxiliary aid support for them play. The next step is to consider what helped the employee needs, and employees should have the opportunity for imports. Some of the options might include training, mentoring, a coaching, simply changing the employee's duty so they don't change the job but will allow for the employee to develop at a slower pace closer supervision for a limited period. You may even agree that the employee needs no further action If you accept any mitigating reasons regarding the employees poor performance. And it's something that the employee feels that they can resolve an action plan. What improve it is necessary? Agree An action plan with targets which is a calf say's should be smart, specific objective should state a desired outcome. A standard. What does employees need to achieve measurable? How will you? An employee? No one objective has been achieved as well as a standard. What is the quantity of work required? Achievable? This is the objective something employees capable of achieving. It is also challenging relevance. The objective relate to those of the team on the business. Time boned. One of the objectives need to be achieved. Agree a deadline. This should be accompanied by an agreed review day and I would suggest about 4 to 6 weeks from the date of the informal meeting. So by the end of the meeting, both employer and employee need to be clear what is expected of the employees on what supports, if anything, is going to be offered to help the employees when and how the situation will be reviewed following the end of the meeting. Agree to provide details exactly what is expected of the employees role in writing. Also put in writing what the employee needs to do to improve on DWI. Relevant what support you're going to offer. For example, an extra training session. Arrange a time period during which the improvement must take place. Shed you'll a review dates. Maintain an informal written record, which won't form part of the employees hate char file at this stage and is instead he used on need to know basis. As an aside, the employee has the right to be a company to any meeting held as part of this procedure by another employee or relevance, a trade union representative. The next stage disciplinary. If the employee does not improve and they're still capability issues, then he should follow your organization's disciplinary proceeding, which needs to include a final warning, again agreeing the time scale and d selling what improvement is needed. A formal disciplinary meeting, a final decision with the provision for the employee to appeal, minimizing the in parts of capability issues. Even if the employee does improve on the capability issues that dealt with you should still consider the following follow up with the review. If things appear to be improving, it could be all to easy to let the review meeting or date slide. But don't be tempted to do that. You may think we have more pressing issues, but if you fail to follow up with the review, you only make the situation worse if things subsequently slide again. Your failings have a consistent process, which will invites a tribunal coin. Always have a probation period, no matter how great your recruitment processes. Sometimes that's ideal. Candidates may not just fit the role. Very often. Issues can console lights in the first few months of employments, so having an initial probationary period makes sense. Of course, like everything else, it has. Its pros and cons, such as the employee may decide you're not for them. But overall, it gives both of you the chance to test the relationship, have a structure, policies everyone knows where they stand. The great capability policy as part of your existing disciplinary or as a standalone is vital. But do make sure that both you and your employees a clear about the practical processes and steps to be taken on that the process is always followed. Performance management. Finally, I've already mentioned performance management is one of the best ways to both reduce and deal with capability issues. It takes time to set up a system that really works for your organization. But it is time very well spent. This now completes the training session. Thank you for joining me.
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