A social worker was awarded more than PS20,000 by an employment tribunal, after being fired for not posting enough or making too many typos. A worker only created six social media posts in a single month, compared to her colleague who posted 73. She won the case because she wasn’t given enough notice of her possible dismissal.
This story highlights the importance of fair procedures for employers when dealing with employee underperformance.
Employers must be sensitive to the situation and carefully follow the proper procedures, while ensuring that the employee is informed at each stage.
Be aware of the legal and reputational risk when raising concerns about underperformance. In addition, if you ignore performance concerns, it can have different consequences for your organisation depending on what role the employee plays.
A company may also be affected by further disruptions if it addresses an employee’s poor performance. It’s rare for an employee to accept that they are underperforming. They may feel accused or defend themselves. It can lead to a variety of issues, such as an employee’s increased anxiety and stress levels, leading to them taking more paid sick time.
Employers can make decisions about whether someone is performing below par based on their own discretion. There are some measures that employers can take to ensure they monitor all employees’ underperformance equally.
To reduce the likelihood of miscommunication, it is the employer’s duty to communicate clearly the standards that they expect. It can be done through various methods, such as regular meetings with the team or employees and through inductions.
After expectations are set, employees must also know the consequences of not meeting those standards. The majority of organisations achieve this by using performance or capability procedures. They provide structure for the management of poor performance.
Underperformance is a sensitive issue that must be handled with care. Employers who fail to navigate the situation well may face claims of discrimination or unfair dismissal.
Empathy is therefore essential throughout the entire process. Employees must be informed that they are not performing well through a series or informal warnings before a final warning is given.
A warning can be given to an employee informally by the employer. They may tell them why they are underperforming, and explain what the standards should be.
It’s important that the employer listens to the employee and asks why they are underperforming. It could be that the individual is having personal issues and needs support. Someone with a disability might need to make reasonable adjustments in order to improve their performance.
The employee will feel more supported if you show empathy and are willing to solve the problem. This will, in turn increase the likelihood of a successful outcome for both parties.
The employer should establish an improvement period once the employee has been told that they are not meeting expectations and how to improve.
After this period, schedule a follow-up meeting to evaluate any positive changes. In the event that no improvement has been made, a more formal meeting can be held and a PIP introduced.
PIPs provide a formal method of documenting what changes need to be made and how they will be achieved. The employee will be notified in the first phase of the PIP of the period of time during which they are required to improve their performance. The employee is also warned of the next phase.
If the employee does not improve within that time period, then the PIP will move on to the next phase. The employee will receive a final warning and may be terminated for lack of capability.
Employers often use PIPs. However, they should not be used to punish employees . They are meant to encourage employees to raise their level of work.
PIPs must be tailored to maximize their impact. The plan should be tailored for each individual, and include any necessary support such as setting realistic targets and retraining in certain areas.
There is a risk that the PIPs will be perceived negatively, and meetings may become personal if employees disagree with their managers. It’s important to ensure that the first meeting is non-accusatory to avoid the feeling of an accusation and to motivate employees to improve.
Asking the employee how they are feeling and finding out what is going on will show empathy. Listen to what the employee has to say and show your understanding by offering appropriate support. Instead of reacting in a knee-jerk manner to poor performance, a PIP will have a far greater positive impact.
At meetings, it’s best to have an employee present. Employees are entitled to be accompanied, and a representative of the union or a third party can help the employee feel more supported.
Employers must follow official procedures to navigate employee underperformance. This is a sensitive, but very common problem.
Employers can manage employee underperformance in a fair way by communicating clearly, issuing sufficient warnings and providing appropriate support.
