Feature insight - managing staff
Rosemary gives her consent for Basil to make a referral to Occupational Health. In his letter Basil provides the doctor with a copy of Rosemary’s job description, examples of the administrative errors in her work, a copy of the company’s capability policy and his suggested targets for improvement. Basil asks for the doctor’s expert medical opinion on Rosemary’s condition and the impact it has on her performance, including whether in his/ her medical opinion Rosemary is capable of carrying out her substantive duties, suggestions for adjustments (if required) and comment on his suggested targets for improvement. ...consider ways in which parties can work together to improve performance to an acceptable level
on poor performance and one which addresses poor performance by seeking to establish the underlying reason for it before deciding on an appropriate response. The former approach may be problematic for Thyme Payroll Ltd if Rosemary is dismissed, whereas the latter approach ensures the underlying reason is managed as part of a procedure aimed at giving the employee a reasonable opportunity to improve, with manageable targets before a sanction is given. Conclusion A well-drafted capability procedure is useful to address the concerns regarding an employee’s performance and to consider ways in which parties can work together to improve performance to an acceptable level. A failure by an employer to consider underlying reasons for poor performance could result in sanctions being given unjustly and in the event of a dismissal a finding of unfair and/or a discriminatory dismissal in some cases. A reasonable employer should always seek to establish the ‘why’ before sanctioning the ‘what’ in cases of poor performance. n
Example Rosemary has worked for Thyme Payroll Ltd for thirteen years as an administrator. For the past six months her performance has become more and more erratic, her letters are illegible and her interactions with colleagues and clients has become hostile. ● Focus on the ‘what’ – Thyme disciplines Rosemary for poor performance; she has worked for the company for long enough to know better. Rosemary is invited to a capability meeting where she is given a final written warning with the threat of dismissal if her performance does not improve. ● Focus on the ‘why’ – On the basis Rosemary’s performance is out of character, an informal meeting is arranged between Rosemary and her manager, Basil. At this meeting Basil provides Rosemary with examples of errors in her work and asks for her to comment. Basil asks if there are underlying issues Rosemary wishes to make him aware of. It transpires Rosemary is taking medication for a heart condition; the medication affects her moods and results in blurred vision hence the administrative errors.
You will see from this example the contrast between a process focused only
Off-payroll working and other employment status considerations
One day
This course explains how to assess employment status, the financial risk of getting it wrong, the right to work in the UK and a variety of modern employment practices. It covers recent developments such as the IR35 process changes (‘off-payroll working’) and possible future developments following various Government consultations.
This course covers: ● Optional remuneration arrangements ● Legislation and salary sacrifice case law ● Contractual implications ● Effective arrangements ● Payroll implications ● Salary sacrifice and noncash options
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| Professional in Payroll, Pensions and Reward |
Issue 56 | December 2019 - January 2020
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