Policies
Performance Improvement Procedure
Purpose and Scope
This policy has been designed for the purposes of supporting and managing poor performance. It will help to establish whether an employee is unable or unwilling to carry out their duties. It is also about developing staff potential. It may be appropriate to deal with poor performance under the Disciplinary Procedure as detailed above when an employee seems unwilling to carry out their duties. However, there may be occasions where an employee is genuinely unable to carry out the requirements of their job role, due to performance or role capability) and in these circumstances, the following procedure will be followed. This policy applies to all employees whose probationary period has been successfully completed.
Possible causes of poor job performance
There may be many factors at the root of an employee's unsatisfactory job performance. Some examples are as follows:
Organisational factors:
Lack of adequate training
Goals and targets which are unclear, poorly understood or unrealistic
Systems and procedures which do not support what the employee is expected to achieve, or which are hard to understand or apply correctly
A major change to the job in terms of level of responsibility, duties and/or workload
Poor or inadequate supervision
Lack of cooperation from other employees, or harassment/bullying
Overload of work
Personal factors:
A lack of skill or ability on the part of the employee
Ill-health
Personal problems affecting the person's concentration
It is important to note that:
It is not always possible to establish the root cause of poor performance and/or
It is not always possible to fully eliminate the root cause of a problem.
However, this will not preclude DINN Enterprise CIC from following the steps set out in this procedure.
Training
If the reason for your poor performance is clearly a lack of knowledge or skill, positive steps through training, coaching or supervisory guidance will be given, before dismissal is contemplated. This is particularly important if the job has changed, or where you have recently been moved to a new job or promoted.
Alternative Employment
If you are failing to perform your job to the standard required due to lack of capability, offering a transfer to alternative available work, where appropriate, will be considered. Any transfer will be fully discussed and agreed with you. Any vacancy for suitable alternative work which exists will be considered by DINN Enterprise CIC, as an alternative to dismissal.
Informal Procedure for dealing with Poor Performance
Most cases of poor performance will normally be dealt with initially by informal advice (an Informal Development Plan), coaching and counselling. These actions do not form part of the formal process. The first priority will be to try and help you to improve, wherever possible adopting the following approach:
Explain and discuss the problem(s), with a view to reaching a shared understanding of what needs to happen to achieve the required standard
Clearly explain the job duties and standards of work required
(Managers should avoid assuming that employees know what is expected of them as this, in reality, is frequently not the case)
You will be told precisely and specifically in what way you are failing to meet the required standards
Your manager will listen to what you have to say in case there are any external factors which are adversely affecting job performance (for example lack of co-operation from another employee, harassment, ill-health, an overload of work)
If the problem is thought to be health-related, expert medical advice may be sought
Your manager will explain to you the consequences of continued failure to meet the required standards (i.e. poor job performance could result in the start of the formal procedure)
Where the reason for poor performance is clearly lack of knowledge or skill, positive steps will be considered to remedy this through reasonable training or coaching
You will be given a reasonable opportunity to improve to the standard required and time limits will be agreed
Your performance will be reviewed regularly
A note of advice and/or coaching offered and actions agreed will be kept. A copy of this will be available to you.
If DINN Enterprise CIC believes that it is due to your own lack of effort, then this issue would be more appropriately dealt with under the disciplinary procedure.
Formal Performance Improvement Meetings
Where there are issues concerning your capability, these will be addressed formally through a Performance Improvement Meeting. Prior to the meeting, the employee will be advised in writing of the concerns and of their right to be accompanied at the meeting.
Stage One – First Formal Meeting
A formal meeting will be organised by your manager. You will be invited to attend and will be offered the right to be accompanied at this meeting by a fellow employee or alternatively a trade union official who is certified as having experience of, or training in acting as a worker's companion at hearings The aim of the meeting is to set out the areas for improvement, listen to your comments and, where possible, agree a way forward. Prior to this meeting, you will be advised in writing of the broad areas of unsatisfactory performance. At the meeting, you will be given the opportunity to state your case before a decision is made.
If at the end of the meeting, your manager concludes that improvements in work performance are required, you will receive a first formal warning. This will be confirmed in writing where you will be told:
the performance problem
the actions expected from you – for example, targets and objectives
the improvement that is required the timescale for achieving this improvement
a review date
the support to be offered by DINN Enterprise CIC
an explanation of what will happen if there is no improvement, or improvements are not sustained i.e. that a failure to improve could lead to a formal written warning and, ultimately, dismissal
That you have the right of appeal and the name of the person to whom you can appeal.
A copy of the written warning will be kept on your file for 6 months and used as the basis for monitoring and reviewing your performance over a specified period.
Stage Two – Final Written Warning
If, following a further formal meeting, your manager concludes that there has been a failure to improve performance in the timescale set at Stage One; a final written warning will be issued. This written warning will state:
the reason for the warning and the change in performance required
the details of any targets, timescales and support agreed
that the warning is the final stage of the Performance Improvement Procedure
that a record of the warning will be kept on your personnel records and will be disregarded for disciplinary purposes after a specified time subject to satisfactory conduct and/or performance (usually 6 months or it might be as long as a year.)
that a failure to improve performance may lead to dismissal
that you have a right of appeal and the name of the person to whom you can appeal
A copy of the Final written warning will be kept on your file for 12 months.
Stage Three – Dismissal
If there is no satisfactory improvement in performance, the likely outcome will be dismissal. This will only occur after a formal meeting: If, following this meeting, a dismissal occurs; you will receive a letter explaining:
the reason for the dismissal
that you have a right of appeal and the name of the person to whom you can appeal
the date on which your employment contract will terminate
the period of notice.
At the meeting, you will be given the opportunity to state your case before a decision is made. You may, if you wish, be accompanied by a fellow worker or alternatively a trade union official who is certified as having experience of, or training in acting as a worker's companion at hearings. DINN Enterprise CIC will inform you of the decision after the meeting. You will be given a right of appeal.
DINN Enterprise CIC retain discretion in respect of the capability procedures to take account of your length of service and to vary the Performance and Capability procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before dismissal, and we withhold the right to vary our capability procedures.
Appeals
If you wish to appeal against a capability decision, you should indicate your intention to appeal in writing. You should inform the person who made the decision within five working days stating your reasons for appeal. The timescale for appeal will normally be indicated in the letter confirming the decision. We will invite you to attend an Appeal Hearing and you must take all reasonable steps to attend the Appeal Hearing. Where possible, the appeal will be heard by a more senior manager or Personnel Sub-committee member who was not previously involved in making the previous decision.
You may, if you wish, be accompanied by a fellow DINN Enterprise CIC worker or alternatively a trade union representative.
DINN Enterprise CIC will inform you of their final decision (in writing) after the Appeal Hearing. The result of this appeal is final.
Termination within the Probationary Period
Purpose
We recognise that occasionally a need will arise to formally terminate an employment contract for reasons other than those outlined within these Disciplinary procedures.
Situations where this procedure will be followed may include if DINN Enterprise CIC is contemplating dismissing you within your Probationary Period. You will be advised in writing as to the reasons why we are considering terminating your employment and be invited to attend a meeting to discuss further. Your manager will make seek to ensure that all reasonable training and support has been considered prior to any termination.
All DINN CIC employees will start working for DINN on a six month probation period which may be extended if further support or development is required. If your probation is extended, you will be notified in writing. Successful completion of probation is only confirmed once you have received your successful completion of probation letter.
You will have the right to appeal against any decision made against you during this period (if failed probation or your probation is extended). This must be notified to the Chief executive in writing within a reasonable period stating that you wish to appeal and why. You will then be invited to attend a meeting to discuss the appeal; again you have the right to be accompanied by a work colleague or trade union representative. The Chief executive will then write to you confirming the outcome of the appeal.
Notice
If your contract is terminated you will be given notice, which will commence from the date of the meeting in which the decision to terminate your contract was made. The exception is where you are dismissed for what we believe to be gross misconduct, in such cases, you will not be entitled to receive notice or pay in lieu of notice.
If you appeal against the decision, and your appeal is unsuccessful, the notice period will still start from the date of the first meeting. You will be given the statutory minimum notice, or the notice stated in your contract of employment, whichever is greater.
During the notice period, your normal wages will be paid. In some circumstances, we may decide that it is inappropriate for you to work out your notice period. In such circumstances, garden leave will be granted and your wage payments will continue as normal until the end of the notice period.
Last review: 30 Sept 2023