Scope
45.1 The company rules in this Policy apply to all employees who have over 24 month’s service. Those employees with less than 24 month’s service may be subject to an abbreviated procedure. This Policy does not apply to agency workers or self-employed contractors. It does not apply to cases involving genuine sickness absence or misconduct. In those cases reference should be made to the appropriate policies in this Handbook.
45.2 The aim of this Policy is to attempt to reconcile any sub-standard work issues, give an opportunity for improvement and to achieve the required standards; and identify any underlying causes of the poor performance.
45.3 Employees will not normally be dismissed for performance reasons without a previous warning. However, in cases of serious negligence, serious dereliction of duties, or instances of negligence which cause or might have caused the company serious loss or damage (including one off incidents) or in any case involving an employee whose performance is still being closely monitored, the Company reserves the right to dismiss without prior warning and/or without notice, following an investigation and formal hearing.
Process
45.4 In the first instance, performance issues will normally be dealt with informally between you and your manager or mentor as part of day-to-day management. Where appropriate, a note of any such informal discussions will be placed on your personnel file and may be taken into consideration for the purposes of any subsequent formal proceedings. Senior management will be informed and a Priority for Improvement on a Professional Development Plan may be used to help target areas for improvement and training. This Policy will be used for more serious cases, or in any case where an earlier informal discussion has not resulted in a satisfactory improvement.
Informal discussions may help:
45.4.1 clarify the required standards;
45.4.2 identify areas of concern;
45.4.3 establish the likely causes of poor performance and identify any training needs; and/or
45.4.4 set targets for improvement and a time-scale for review, using a Professional Development Plan.
45.5 If the Company considers that there are grounds for taking formal action over alleged poor performance, you will be required to attend a performance review hearing. You will be notified in writing of the concerns over your performance, the reasons for those concerns, and the likely outcome if it is decided after the hearing that your performance has been unsatisfactory. The letter will also include the following where appropriate:
45.5.1 a summary of relevant information gathered as part of any investigation;
45.5.2 a copy of any relevant documents which will be used at the performance review hearing; and
45.5.3 a copy of any relevant witness statements, except where a witness’s identity is to be kept confidential, in which case you will be given as much information as possible whilst maintaining confidentiality.
45.6 You will have the right to be accompanied by a work colleague or trade union representative at any formal hearing where you may receive a formal warning that your performance must improve.
45.7 The aims of a performance review hearing will usually include:
45.7.1 setting out the required standards that the Company believes you may have failed to meet, and going through any relevant evidence that has been gathered;
45.7.2 allowing you to ask questions, present evidence, respond to evidence and make representations;
45.7.3 establishing the likely causes of poor performance including any reasons why any measures taken so far have not led to the required improvement;
45.7.4 identifying whether there are further measures, such as additional training or supervision, which may improve performance;
45.7.5 where appropriate, discussing targets for improvement and a time-scale for review; and
45.7.6 if dismissal is a possibility, establishing whether there is any likelihood of a significant improvement being made within a reasonable time and whether there is any practical alternative to dismissal, such as redeployment.
45.8 Following a performance review hearing, if the Company decides that your performance is unsatisfactory, you will be given an Improvement Note, setting out:
45.8.1 the areas in which you have not met the required performance standards;
45.8.2 targets for improvement;
45.8.3 any measures, such as additional training or supervision, which will be taken with a view to improving performance;
45.8.4 a period for review; and
45.8.5 the consequences of failing to improve within the review period, or of further unsatisfactory performance, which may indicate that that unless there is a satisfactory improvement further formal action will follow.
45.9 Where the performance was so poor or so negligent or could have/did cause the company serious loss/damage then the Company may issue you with a Final Written Warning, setting out that any further failures or instances of poor performance could result in your dismissal. In certain instances where the negligence/poor performance was so serious, dismissal on the grounds of gross misconduct might be the only option to the Company.
45.10 Your performance will be monitored during any review period and you will be informed in writing of the outcome:
45.10.1 If your manager/senior management are satisfied with your performance, no further action will be taken;
45.10.2 If your manager/senior management are not satisfied or you have not met the required levels of improvement the matter may be progressed to another formal performance review hearing; or the period of review may be extended.
45.11 If your performance does not improve within the review period set out in the Improvement Note, or if there is further evidence of poor performance whilst your Improvement Note is still active, the Company may decide to hold another formal performance review hearing. You will have the right to be accompanied by a work colleague or Trade Union Representative at any such hearing.
45.12 Following this second formal performance review hearing, if the Company decides that your performance is unsatisfactory, the Company may either:
45.12.1 decide to dismiss if the poor performance/negligence is so serious or
45.12.2 if you were already on an Improvement Note you will be issued with a Final Written Warning
45.13 Any Final Written Warning issued will set out:
45.13.1 the areas in which you have not met the required performance standards;
45.13.2 targets for improvement;
45.13.3 any measures, such as additional training or supervision, which will be taken with a view to improving performance;
45.13.4 a period for review;
45.13.5 the consequences of failing to improve within the review period, or of further unsatisfactory performance.
45.14 Your performance will be monitored during the review period and you will receive a letter informing you of the outcome:
45.14.1 if your manager/ senior management are satisfied with your performance, no further action will be taken;
45.14.2 if your manager/senior management are not satisfied, the matter may be progressed to a final performance review hearing; or the review period may be extended.
45.15 The Company may decide to hold a final performance review hearing if there is reason to believe:
45.15.1 your performance has not improved sufficiently/satisfactorily within any review period as set out in any improvement notice and/or within the Final Written Warning; or
45.15.2 your performance is unsatisfactory while a Final Written Warning is still active; or
45.15.3 your performance has been so seriously negligent such as to potentially warrant dismissal without the need for a Final Written Warning or any previous warning.
45.16 You will have the right to be accompanied by a work colleague or Trade Union Representative at any such final hearing.
45.17 Following the hearing, if it is found that your performance is unsatisfactory, the Company may consider a range of options including:
45.17.1 dismissing you; or
45.17.2 as an alternative to dismissal redeploying you into another suitable job at the same or a lower grade; or
45.17.3 extending an active Final Written Warning and setting a further review period (in exceptional cases where the Company believes the requisite improvement is likely within a short period of time); or
45.17.4 giving a Final Written Warning (where no Final Written Warning is currently active).
45.18 You will have a right of appeal against the imposition of any Improvement Note/Final Written Warning/dismissal under this procedure and all such appeals should be sent to Head Office. You will have the right to be accompanied at any such appeal hearing by a work colleague or Trade Union Representative. In relation to any appeal under this procedure you should set out in writing the grounds of your appeal prior to the appeal hearing.