Poor Performance Case Study free essay sample

This case study was published on 08/11/2011 on the XpertHR website (of which the University subscribes). It is written by Caroline Noblet an employment lawyer with solicitors Squire Sanders Hammonds and deals with poor performance. This looks at a situation in which a manager initially wants to consider dismissing an employee for her poor performance even though the employer has failed to address the poor performance to date. It is written in the context of a commercial organisation but is procedurally correct. It should not be used as any kind of ‘template’ for performance management and all such formal action should be fully discussed with HR. This is for information purposes only to give an insight for line managers. In some places it has been edited to correct for relevance. Carol is a claims administrator with Rest Assured plc, a life assurance company. In her mid 60s, she is one of the companys longest-serving employees and has an unblemished disciplinary record. David, the claims team manager, who joined the company recently, arranges a meeting with the HR manager, Elaine, to discuss a problem he is having with Carol. Some of Carols colleagues have complained to him that she is not pulling her weight and is dealing with her claims allocation very slowly. They have to cover for her to prevent a backlog of claims building up. David explains to Elaine that he has been told that Carols poor performance has been a problem for some time but the previous claims team manager did nothing about it. There is no documentation showing that the problem was being addressed. The previous manager allowed Carol to coast along, so much so that it appears to Derek that she has become somewhat set in her ways. Because of the effect that Carols underperformance is having on the rest of the team, David wants to take decisive action now. Elaine needs to outline to David the steps that he should take to address Carols underperformance. He should take action promptly before Carols performance issues escalate further, and follow a performance management procedure. He must also take care to comply with the requirements of the Acas code of practice on disciplinary and grievance procedures (PDF format, 1. 8MB) (on the Acas website), which covers poor performance However, before he takes formal action against Carol, David must investigate whether or not she is underperforming and, if she is, why. He will need to meet Carol to discuss the possible cause of her below-standard job performance. He should make it clear to her that this meeting is investigatory and is not, at this stage, part of the formal disciplinary process. Prior to the meeting, David should collect relevant and objective evidence, fo r example customer complaints and other evidence to demonstrate that Carol has not been dealing with claims in a timely manner. If they had been available, he would also have needed to obtain copies of Carols appraisals and details of discussions that her previous manager had with her concerning her performance. Assuming that the evidence indicates that Carol has been underperforming, based on the evidence that he collects and his subsequent meeting with Carol, David should try to establish whether Carols underperformance is capability or conduct related, and whether or not there are mitigating reasons for it. Poor performance that is capability related may be attributable to inadequate or nsufficient training, poor communication, the employees lack of understanding of his or her goals and objectives, lack of feedback, poor quality supervision and/or support, excessive workloads, unrealistic targets and deadlines, poor working relationships and personal problems. Alternatively, poor performance may be the result of genuine inability or lack of commitment. If Carols poor performance is conduct related, Rest As sured should follow its disciplinary procedure rather than a performance management process. If David identifies that Carols poor performance is capability related, he should agree specific action points and targets with her, together with a realistic timescale in which she should achieve them. He should also arrange training or other remedial steps if these are appropriate and schedule a follow-up meeting to review Carols performance. It is essential that David keep a record of the meeting (including the agreed targets for improvement) and of the arrangements for the follow-up meeting. He should continue to monitor Carols on-going performance. If Carols performance does not improve after Rest Assured has followed their performance management procedure, he may be left with no alternative but to take this to a formal review panel. To avoid Carol being able successfully to claim any kind of unlawful discrimination against Rest Assured, for example because of her age, David should deal with her performance in the same way as he would for other employees in the team. Prior to this, subject to the (now repealed) statutory retirement procedure, employers could compulsorily retire employees when they reached retirement age. As a result, many employers overlooked performance issues in older members of staff who were approaching retirement age because they would be leaving anyway. David cannot use the fact that Carol may have attained what was previously the companys retirement age as a reason to end her employment. Nor can he assume that she will want to retire at this point. If he treats Carol less favourably than other employees because she is close to, or has reached, a particular age, this might amount to unlawful age discrimination. Conversely, if he treats her more leniently than other members of the team for the same reason, Rest Assured could be vulnerable to claims of age discrimination by them. David gathers his evidence and meets with Carol to discuss his concerns. At first Carol is defensive and claims that her performance is no worse than that of the other members of the claims team. She does not believe that there have been customer complaints about her so she cannot see what the problem is. However, when David shows her evidence that her closure rate of claims files has consistently been the lowest in the team and that some customers have complained about the slow handling of their claims, she breaks down in tears and confesses to David that she has been struggling to cope with the volume of work since a new computer system for handing claims records was installed over a year ago. Although she received training when the new system was introduced, she is not as computer literate as some of the other members of the team and has struggled with it. Having established that Carols performance issue is capability and not conduct related and that her underperformance appears to be due to a training need, David decides to take an informal approach. He tells her that she needs to improve her performance or she may be moved to the next stage of the performance management process, which could ultimately lead to formal warnings. David arranges for Carol to receive one-to-one refresher training on the new claims records system. Once the training is complete, David agrees with Carol that, over a period of three months, she must ensure that her claim closure rates are at, or above, the claims teams average. He also agrees with her that he will sit down with her at the end of each month during this period to discuss how she is progressing towards meeting the target and any concerns that she may have. At the end of the three-month period, Carols performance shows a consistent improvement and the informal approach has serves its purpose without need to move to more formal measures. He continues to monitor her performance by way of regular meetings and Rest Assureds appraisal process. Davids experience with Carol demonstrates the benefits for employers of having robust fully documented processes and of dealing with performance issues as and when they arise. Employers that have failed to address poor performance at the outset may have to tolerate a longer period for improvement than they otherwise would, because the employee will have become used to performing at the lower level. It is important to have some documented evidence of a performance issue before starting formal action and by carrying out an investigation into the poor performance, the employer should be able to identify whether it is due to capability or conduct, and follow the correct procedure as a result. NB If in reading this case study you feel there is a contradiction with University training, policy or developmental materials then please defer to those University materials and discuss any queries with Human Resources.