HR Support for Business provides HR support, advise and HR resources locally across Oxfordshire and Warwickshire (read more). And to any business who operate under English law through our HR Virtual Service (read more).
A fair and legal process is, however, only half the story. Your managers need the people management skills to manage what can be a very emotive and difficult situation.
Consistently and in adherence to a fair and legal process.
Managing Under performance (Formal Capability process) If for whatever reason an employee’s performance is not meeting the standards required for the position action must be taken. To do otherwise will negatively effect the team, the business and overall profitability.
Whenever possible managers will deal with minor underperformance as it happens – bringing performance back to the required standard. However sometimes this does not work, or you can discover underperformance that is so serious that it has to be dealt with formally.
Managing Misconduct & Gross Misconduct (Formal Disciplinary process) If an employee’s conduct or behaviour is brought into question as falling below the required standards.
Minor misconduct will be dealt with informally by the manager as it happens -bringing conduct/behaviour back to the required standard. However sometimes this does not work, or you discover misconduct or even ~Gross misconduct that is serious enough that it has to be dealt with formally.
And if on the balance of probabilities the employee is found guilty to fairly dismiss and employee where the situation and evidence support this action.
Or scroll down for an overview of what this training day will cover:
The program – what you will learn
We will base our training program on your existing procedures (following a compliance check). Or we will include the relevant sections from HR Toolkit: Disciplinary & Grievances (read more) from our HR Compliance box (read more).
Part one: Under performance – skills ability. The training program will cover:
- First understanding the difference between capability and conduct within employment law
- The benefit of nipping performance problems in the bud and the costs if you do not
- Managing performance problems due to skills capability. Understanding and using the formal Capability procedure
- Holding an effective and legally compliant investigation into alleged under performance
- Holding an effective and legally compliant Capability hearing, the law, your role and responsibility
- Dismissals due to performance/capability due to skills, knowledge and capability under the required level for the position held.
Part two: Formally dealing with Gross misconduct and misconduct.
- Understanding the disciplinary process, the law and your role and responsibility and the difference from capability issues.
- The benefit of nipping problems in the bud – and the business cost and risk if you do not
- The disciplinary process – the law
- Conduct and Gross Misconduct
- Holding an effective Disciplinary investigation
- Holding an effective and legally compliant disciplinary hearing
- Dismissals due to conduct or summary dismissals due to Gross Misconduct.
Part three: Appeals and Tribunals
- The appeals process and the law
- The new role of ACAS and Tribunal charges and process
An important element within any performance management process is the ability to deal with serious, or continuous conduct or under performance issues – fairly and legally.
Having a fair and legal process that is implemented by managers consistently and fairly will help reduce business costs and the risks associated with these processes. It will also enable your manages to confidently deal with employees who are not meeting the required standard your business needs to survive and grow.
Total cost: £600 which can cover up to 10 delegates (just £60 per delegate), plus travel at cost. Training program delivered at your premises.