Performance Management Procedures
Discussion
Would a company sending out a letter following a performance management meeting; that sets down agreed objectives need to send it registered to ensure that the employee being managed received it?
The reason I ask is that I sat in on a Performance Management meeting on the 15th Jan 2010 as an employee’s witness. It was agreed between the employee, HR and the line manager that new objectives would be agreed within 2 weeks, minutes issued and a first written warning issued.
The employee has heard nothing for the 13 weeks until last week until they received a letter to the next performance meeting. When they called HR they were emailed a copy of a letter dated the 21st Jan 2010. The employee was not invited to any formal meeting to discuss and agree objectives following the meeting on the 15th Jan.
I am trying to ascertain who is in the wrong here and whether it is going to end up costing the company I work for a fortune!
Any comments would be great.
The reason I ask is that I sat in on a Performance Management meeting on the 15th Jan 2010 as an employee’s witness. It was agreed between the employee, HR and the line manager that new objectives would be agreed within 2 weeks, minutes issued and a first written warning issued.
The employee has heard nothing for the 13 weeks until last week until they received a letter to the next performance meeting. When they called HR they were emailed a copy of a letter dated the 21st Jan 2010. The employee was not invited to any formal meeting to discuss and agree objectives following the meeting on the 15th Jan.
I am trying to ascertain who is in the wrong here and whether it is going to end up costing the company I work for a fortune!
Any comments would be great.
Not able to comment specifically on your issue but if something like this goes as far as contestested dismissal and an appeal heard before a tribunal your firm will be given short shrift. The one key thing they will pick up an employer on with regard to any form of dismissal is following timelines to the letter of the law.
Do a few bits of Googling and you'll get the picture.
Do a few bits of Googling and you'll get the picture.
Yes just beem looking on ACAS at the COP and some other stuff. The HR person who attended the first meeting passed this issue onto someone else for the second meeting who has picked it up cold.
Looking at the COP here http://www.acas.org.uk/CHttpHandler.ashx?id=1041 it seems to indicate that employers need to "Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions."
I don't think they have followed it and it all appears to be a little personal between the Line Manager and the employee. We will see how it develops, I might have to point the employee in Rich Burleys direction.
Thanks again
Looking at the COP here http://www.acas.org.uk/CHttpHandler.ashx?id=1041 it seems to indicate that employers need to "Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions."
I don't think they have followed it and it all appears to be a little personal between the Line Manager and the employee. We will see how it develops, I might have to point the employee in Rich Burleys direction.
Thanks again
The formal basic procedure for 'performance management' is wrapped around the disciplinary process. The reason for dismissal must ultimately be under one of the following headings: capability, conduct, illegality, some other substantial reason, redundancy, retirement. Performance should be under the capability heading. The old procedures are still pretty sound but the revised ACAS code is a good place to start.
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