Reviewed date: 01/02/2025
Next review: 01/02/2028 (or before is there is a change in legislation or practice)
Amendments: dd/mm/year + details (if any made)
Policy purpose and scope
Leuchie’s performance management procedure works in conjunction with the Leuchie’s disciplinary procedure. It may be necessary on occasion to refer to incapability and poor performance as misconduct warranting disciplinary action.
The following procedure will apply to all employees who have completed their probationary period
Informal performance management
The employee will be notified in writing of the Leuchie’s concerns if their line manager identifies an issue with their performance and they will be invited to attend an initial meeting with their line manager. This meeting will be used to discuss the reasons for their underperformance and for the employee to respond to the concerns.
The employee’s line manager will investigate the reasons for their poor performance. These could include a gap in skills, insufficient training, insufficient support, poor communication or issues with work relationships. The employee will be provided with examples of the unsatisfactory performance by the line manager in the meeting and they will be asked for an explanation for these.
When the reason for the underperformance is due to a gap in skills or insufficient training, the employee will be provided with training and be given reasonable time to improve once this has been completed. If the underperformance is due to insufficient support, tools or other resources, then assistance should be provided if appropriate.
Notes of the informal meeting and any agreed actions should be kept by the manager.
Informal warning
The employee will be fully informed of:
- the specific concerns regarding their poor performance
- the improvement required
- the time frame for achieving this
- the consequences of not improving.
Formal performance management
Leuchie will consider the formal process or disciplinary warnings where:
- an informal warning has been given but there has been no improvement
- it is clear that the employee’s performance cannot be improved by any support available to be offered by Leuchie
- Leuchie has taken reasonable and necessary steps to assist the employee to improve their poor performance but there has been no improvement.
The employee will be informed in writing by their line manager about the concerns with their poor performance and will be invited to attend a capability meeting to discuss this. The line manager will discuss the reasons for the poor performance and decide upon any remedial action to be taken. The employee will then be given the opportunity to respond to the concerns.
All reasonable efforts must be made by the employee to attend the capability meeting. Persistent non-attendance at a capability meeting without good reason could result in their line manager making a decision based on the available evidence.
Upon completion of the capability meeting, the line manager must decide whether they believe there is an issue in the employee’s performance, and if so, then they will be issued with a formal warning.
Formal warnings
The severity of the capability action will be dependent on the level of seriousness of the unsatisfactory performance. The first stage in this process action will usually be to issue a written warning. If the unsatisfactory performance continues, Leuchie will follow the process, issuing a final written warning and eventually dismissing the employee.
Formal performance warnings will usually set out:
- the concerns regarding their poor performance
- the improvement required
- the time frame for the improvement
- any review meetings which will be planned
- whether any review meetings will be held with the employee
- what the outcome is if the planned improvement is not achieved
- how long the warning will remain on the employees file for. This will be outlined in the disciplinary warning letter.
Written warning
If there has been no improvement after the informal warning is issued, the employee will be given a written warning, as outlined above.
Final written warning
If there has been no improvement after the written warning is issued, the employee will be given a final written warning, as outlined above. This will include a statement that a failure to improve their underperformance is likely to result in dismissal.
Dismissal
If there is still no improvement after the final written warning has been issued, the employee will normally be dismissed with notice or pay in lieu of notice.
In exceptional circumstances, an employee who is under performing could be demoted or moved to another role in the organisation. Leuchie must be able to ‘fairly dismiss’ an employee before a demotion can be considered, as a demotion is regarded as a dismissal in legal terms. However, there may be circumstances where an employee agrees to a demotion as an alternative to dismissal.
Right to be accompanied
Employees have the right to be accompanied at a formal capability meeting by a work colleague or trade union representative.
Appeals
The capability process allows the same right of appeal for the employees, as outlined in the disciplinary and dismissal appeals procedure.
Leuchie reserves the right to implement the process at any stage if the outcome of the initial review meeting evidences the underperformance allows for this.