The aim of the managing performance policy and procedure is to provide a way of supporting an employee if they lack the capability to fulfil the requirements set out in their job description and/or professional Code of Practice.

A manager is responsible for making sure that members of staff are aware of the standards that are required of them and that they receive the necessary training to help them meet those standards.

However, if a manager believes the member of staff is under performing because of ill health or possible disability issues, they should refer to the section on promoting attendance.

If the employee fails to reach the required standard of performance as a result of carelessness, negligence or lack of effort, the impact (or potential impact of this) may need to be addressed through the Trust’s disciplinary policy and procedure as misconduct.

A member of staff seems incapable of doing their job. The line manager has had an informal chat and set them a number of targets, but they have failed to meet any of them. What does the line manager have to do now?
Firstly, did the line manager warn the individual that failure might lead to formal action? Having had a series of informal review meetings with the member of staff which have not had the desired effect, the line manager may now have to start the formal procedure. The line manager should write to the individual advising a formal meeting will be held with them about their performance, inform them of the date and time for the meeting (consider hours of work, convenient time for the manager, the employee and the service), and advise that they may be accompanied by someone if they wish.

Enclose any relevant documentary evidence that may be relied on (such as the action plan).

A member of staff started working with a line manager about six weeks ago. So far they have not managed to complete any of the tasks set. What should the line manager do?
Firstly review whether their induction has been completed in line with the Trust’s Policy and Procedure. Thereafter an informal meeting with the member of staff to find out if they are experiencing any problems with the role. They can then work with the member of staff to try to resolve the problems. The line manager should keep file notes of these meetings.  

The line manager should also think about referring the employee to Occupational Health, with their agreement, if the line manager thinks that there is a health issue. If the member of staff cannot identify any particular problems that are affecting their work then the line manager should explain the ways in which their performance is not yet meeting the standard the line manager requires.

The line manager should also discuss a programme for future training, if appropriate. The meeting should be conducted in a positive and constructive way so that the member of staff feels encouraged, rather than criticised.

An individual met all the targets that were set as part of the capability process, but now that the monitoring has stopped, their performance has become unacceptable again. What should the line manager do?
If satisfactory performance is not sustained the procedure may recommence at the stage that the employee had previously reached if the “warning” is current.

Can an employee be accompanied by the Trade Union representative at meetings to discuss their performance?
Only at formal meetings.  At informal meetings, the manager and the member of staff meet will without the employee being accompanied.

Only at formal meetings.  At informal meetings, the manager and the member of staff meet will without the employee being accompanied.
Disabled people have certain rights, which apply to them under the Equality Act 2010. The legislation states that the line manager must consider all 'reasonable adjustments' so that a person with a disability is not put at a disadvantage in comparison with a non-disabled member of staff. Occupational Health advice should be taken regarding the medical condition and you may refer to the Equalities and Inclusion Unit for advice on making reasonable adjustments.As part of the informal stage of the procedure, the manager should establish whether the employee has a disability which is impacting on their performance.   The manager must then meet with the employee to draw up a plan of 'reasonable adjustments’ as part of the plan to bring the employees practice up to the required level.

What are management’s responsibilities when managing the performance of an employee with a disability?
Disabled people have certain rights, which apply to them under the Equality Act 2010. The legislation states that the line manager must consider all 'reasonable adjustments' so that a person with a disability is not put at a disadvantage in comparison with a non-disabled member of staff. Occupational Health advice should be taken regarding the medical condition and you may refer to the Equalities and Inclusion Unit for advice on making reasonable adjustments.

As part of the informal stage of the procedure, the manager should establish whether the employee has a disability which is impacting on their performance.   The manager must then meet with the employee to draw up a plan of 'reasonable adjustments’ as part of the plan to bring the employees practice up to the required level.

What are management’s responsibilities when managing the performance of an employee with is pregnant?
Pregnant employees have certain rights that do not apply to other members of staff.

The manager must carry out a risk assessment with the pregnant woman once they are advised of the pregnancy.  (The risk assessment form can be found on the Trust’s intranet site under Health and Safety policies). The risk assessment should highlight any conditions that might need to be put in place to protect the woman for the term of her pregnancy.

A manager should be careful not to take action under the Promoting Attendance policy where under performance may be attributed to the pregnancy as this could be interpreted as discriminatory.

Where performance management is ongoing and the employee becomes pregnant, a review of the action plan in the light of the woman’s pregnancy must be undertaken.

When is it appropriate to use the disciplinary procedure rather than the performance management procedure?

Where under performance may be the result of negligence or misconduct, the disciplinary procedure is the appropriate route