Issues with colleague (performance and mediation)
Discussion
I work in a large professional services firm and am qualified and middle management level in my profession.
Last year (summer time), our team noticed a decline in the performance of colleague who is a newish graduate on a training contract (they started employment in September 2015). This continued for a few months, gradually getting worse despite our best efforts to train and coach, however their attitude also became quite rude and they would challenge everything in a non constructive manner.
Around October time, the individual and I had a catch up about various work ongoing and the conversation turned, at their direction, to performance and development points. To be succinct, it became fairly dramatic and the individual came in the following day and complained about the conversation we had had. They were then off sick the following week.
Other colleagues had similar feedback discussions (as is our way of working and part of our performance plan) and the individual concluded that we had effectively colluded (under my influence) and rejected all feedback. This started to mount and relationships started to strain.
Things only got worse and we reached a stage where simple pieces of work wouldn't go smoothly and the individual became very defensive and would blame everything on everyone else. The working relationship is now a nightmare to be honest and very awkward.
To cut a long story short, HR had a meeting with the individual about performance and the individual subsequently made a long list of complaints against several members of the team, with me carrying the brunt. The firm fully investigated this and no complaints were upheld. They then went off sick for a period of time and subsequently transferred to another one of our offices as they claimed they couldn't work in the same office as our team. The individual is now being managed on a performance plan.
This has been going on for c9 months now and it's been fairly stressful for me if I'm honest. I have now been asked (at the specific request of the individual) to attend mediation with them to "mend our broken relationship". Everything I've done has been professional and I don't believe the issues are from my end, but I'm willing to try to make things calm. No one else has been asked to attend this (effectively I spoke up first last year therefore I think I'm carrying the brunt of this as a result).
My concerns are - are there any risks in mediation? Can the individual take anything discussed and use this outside of mediation? They have told friends in the office they have a lawyer involved and I'm uneasy about the situation as I don't think I can really be honest in mediation for simple fear of repercussions. Also, I'm considering bringing someone into mediation with me effectively as a witness, but I don't know if this would over complicate the situation or even be permitted. I just want to protect myself and keep myself right.
All HR issues are being managed internally but I'd appreciate some thoughts of people with knowledge or experience of mediation and any advantages/risks this could carry. I'll also add that my employer has been very supportive of me and the rest of the team which has been great, but I need to make sure that I'm not exposing myself to anything untoward.
Thanks.
Last year (summer time), our team noticed a decline in the performance of colleague who is a newish graduate on a training contract (they started employment in September 2015). This continued for a few months, gradually getting worse despite our best efforts to train and coach, however their attitude also became quite rude and they would challenge everything in a non constructive manner.
Around October time, the individual and I had a catch up about various work ongoing and the conversation turned, at their direction, to performance and development points. To be succinct, it became fairly dramatic and the individual came in the following day and complained about the conversation we had had. They were then off sick the following week.
Other colleagues had similar feedback discussions (as is our way of working and part of our performance plan) and the individual concluded that we had effectively colluded (under my influence) and rejected all feedback. This started to mount and relationships started to strain.
Things only got worse and we reached a stage where simple pieces of work wouldn't go smoothly and the individual became very defensive and would blame everything on everyone else. The working relationship is now a nightmare to be honest and very awkward.
To cut a long story short, HR had a meeting with the individual about performance and the individual subsequently made a long list of complaints against several members of the team, with me carrying the brunt. The firm fully investigated this and no complaints were upheld. They then went off sick for a period of time and subsequently transferred to another one of our offices as they claimed they couldn't work in the same office as our team. The individual is now being managed on a performance plan.
This has been going on for c9 months now and it's been fairly stressful for me if I'm honest. I have now been asked (at the specific request of the individual) to attend mediation with them to "mend our broken relationship". Everything I've done has been professional and I don't believe the issues are from my end, but I'm willing to try to make things calm. No one else has been asked to attend this (effectively I spoke up first last year therefore I think I'm carrying the brunt of this as a result).
My concerns are - are there any risks in mediation? Can the individual take anything discussed and use this outside of mediation? They have told friends in the office they have a lawyer involved and I'm uneasy about the situation as I don't think I can really be honest in mediation for simple fear of repercussions. Also, I'm considering bringing someone into mediation with me effectively as a witness, but I don't know if this would over complicate the situation or even be permitted. I just want to protect myself and keep myself right.
All HR issues are being managed internally but I'd appreciate some thoughts of people with knowledge or experience of mediation and any advantages/risks this could carry. I'll also add that my employer has been very supportive of me and the rest of the team which has been great, but I need to make sure that I'm not exposing myself to anything untoward.
Thanks.
ReallyReallyGood said:
Is there a reason you are avoiding using the pronoun he/she and preferring "the individual" at every opportunity, or is there more to this? It just reads a little strange.
Purely trying to keep as anonymous as possible but for clarity, the individual and I are both female.Thanks.
Hi, I work in HR, and have managed performance and greivance processes before.
You need to speak to your HR lead who is managing the Performance Improvement plan and find out what is happening. They should support you in the process, both in terms of what is happening and likely outcomes.
If you have already been investigated, have provided fair comment, and offered constructive feedback then you have nothing to worry about. Your firm will take your "side" over a disgruntled trainee every time.
Given that this mediation is about try to save the relationship not an Employment Tribunal then I wouldn't worry about your personal exposure. Though I would question why they would need a lawyer in that scenario.
Again, talk in detail to your HR team, I usually advise my line managers to prepare a script of a general statement, and a response to likely questions (which I would normally review prior to the meeting)
Document everything !
Also - whilst it is unsettling that they are openly saying they have a lawyer involved there are several things that coulb be happening and I have personally seen all three of these
1. They don't .. its all bulls
t. Lawyers are expensive and ETs are notoriously tricky to guess an outcome.2. They do, and they are trying to get the company to slip up on process. Just follow the company disciplinary procedure to the letter and trust the process, if the company has the wrong policy - that is not your issue.
3. I have received a number of letters from Employees Lawyers claiming various things, in each instance the company has stood its ground, stuck to process and policy and left the employee to deciede whether they really have a case or not, so far they haven't had a case. Not because we are b
ds or anything, but simply that we have followed employment law, policy and process and have a weight of documented evidence that we have done so. Mostly the employees are chancing their arm for a bigger settlement. 4. The company will likely settle with the employee anyway, Mutual Separation agreement, again ask your HR team if this is the option.
I would also discuss with their current line manager, to ensure you are aligned on what the company position actually is. Eg - worth saving, looking for grounds to dismiss, trying to get to a mutual separation.
Gargamel said:
Hi, I work in HR, and have managed performance and greivance processes before.
You need to speak to your HR lead who is managing the Performance Improvement plan and find out what is happening. They should support you in the process, both in terms of what is happening and likely outcomes.
If you have already been investigated, have provided fair comment, and offered constructive feedback then you have nothing to worry about. Your firm will take your "side" over a disgruntled trainee every time.
Given that this mediation is about try to save the relationship not an Employment Tribunal then I wouldn't worry about your personal exposure. Though I would question why they would need a lawyer in that scenario.
Again, talk in detail to your HR team, I usually advise my line managers to prepare a script of a general statement, and a response to likely questions (which I would normally review prior to the meeting)
Document everything !
Thanks, that's really helpful. I'm not clear on why they need a lawyer either and they haven't communicated this as such to the firm, however they have told people internally that they have one involved. My suspicion is that her parents perhaps have a friend in that area who has had a chat and she hasn't instructed someone as such. It could also be a front - who knows.You need to speak to your HR lead who is managing the Performance Improvement plan and find out what is happening. They should support you in the process, both in terms of what is happening and likely outcomes.
If you have already been investigated, have provided fair comment, and offered constructive feedback then you have nothing to worry about. Your firm will take your "side" over a disgruntled trainee every time.
Given that this mediation is about try to save the relationship not an Employment Tribunal then I wouldn't worry about your personal exposure. Though I would question why they would need a lawyer in that scenario.
Again, talk in detail to your HR team, I usually advise my line managers to prepare a script of a general statement, and a response to likely questions (which I would normally review prior to the meeting)
Document everything !
My understanding is that the performance plan will be reviewed in June and if not successful, I believe employment MIGHT be terminated at that point. However, I've been asked if I would be amenable to mediation as it would be helpful - either to repair the relationship or to demonstrate that all appropriate steps were taken to remedy this situation. The reason I'm uneasy is that any conversation or email I have with her is pulled apart and she is continuing to make informal complaints about things (example - I asked her to format a letter after she had been working on this and she challenged that I never told her to do this when I briefed her on the work then proceeded to make a complaint that I wasn't clear on what I wanted. To me this is a moot point but it's an example of the daily issues I have at present).
Part of me thinks we won't get to mediation but the plan is to continue down this route for now if I accept. I just don't want her to be able to take anything I say away and try and use this in a negative manner for me given the ongoing issues.
Also, I hadn't been documenting things but I am now given how long this has dragged on - thank you.
The HR team is operating a process and unfortunately you have been dragged into it. It sounds like they are managing the individual out but they have to be seen to be doing everything they can to give the individual the chance to improve - this includes mediation.
It can take a long time to exit poor performers as internal legal teams tend to be risk averse and can greatly hinder the process. The longest I have heard of in Professional Services is 3 years and that one ended up with legal action being taken against (and subsequently dropped) my wife who was an HR Senior Manager who picked up the case.
As mentioned by a previous poster, speak to your HR lead about it (possibly via your People Management Lead - if that exists in your firm).
Look on the bright side - if they are on a training contract and are useless then it's likely that they will fail their exams at second attempt and be fired anyway!
It can take a long time to exit poor performers as internal legal teams tend to be risk averse and can greatly hinder the process. The longest I have heard of in Professional Services is 3 years and that one ended up with legal action being taken against (and subsequently dropped) my wife who was an HR Senior Manager who picked up the case.
As mentioned by a previous poster, speak to your HR lead about it (possibly via your People Management Lead - if that exists in your firm).
Look on the bright side - if they are on a training contract and are useless then it's likely that they will fail their exams at second attempt and be fired anyway!
Gargamel said:
Also - whilst it is unsettling that they are openly saying they have a lawyer involved there are several things that coulb be happening and I have personally seen all three of these
1. They don't .. its all bullst. Lawyers are expensive and ETs are notoriously tricky to guess an outcome.
2. They do, and they are trying to get the company to slip up on process. Just follow the company disciplinary procedure to the letter and trust the process, if the company has the wrong policy - that is not your issue.
3. I have received a number of letters from Employees Lawyers claiming various things, in each instance the company has stood its ground, stuck to process and policy and left the employee to deciede whether they really have a case or not, so far they haven't had a case. Not because we are bds or anything, but simply that we have followed employment law, policy and process and have a weight of documented evidence that we have done so. Mostly the employees are chancing their arm for a bigger settlement.
4. The company will likely settle with the employee anyway, Mutual Separation agreement, again ask your HR team if this is the option.
I would also discuss with their current line manager, to ensure you are aligned on what the company position actually is. Eg - worth saving, looking for grounds to dismiss, trying to get to a mutual separation.
Could this even proceed to an employment tribunal? She has been employed for under 2 years and my understanding is if her employment was terminated, it would be as a result of continued poor performance after a process to improve this. I'm slightly digressing but to be honest I'm getting a bit sick of having to go through this nearly every day for what's been around 9 months now. I have a busy job otherwise and this is taking over my life to some extent - inside and outside of work. My colleagues are also completely miserable about this.1. They don't .. its all bulls
t. Lawyers are expensive and ETs are notoriously tricky to guess an outcome.2. They do, and they are trying to get the company to slip up on process. Just follow the company disciplinary procedure to the letter and trust the process, if the company has the wrong policy - that is not your issue.
3. I have received a number of letters from Employees Lawyers claiming various things, in each instance the company has stood its ground, stuck to process and policy and left the employee to deciede whether they really have a case or not, so far they haven't had a case. Not because we are b
ds or anything, but simply that we have followed employment law, policy and process and have a weight of documented evidence that we have done so. Mostly the employees are chancing their arm for a bigger settlement. 4. The company will likely settle with the employee anyway, Mutual Separation agreement, again ask your HR team if this is the option.
I would also discuss with their current line manager, to ensure you are aligned on what the company position actually is. Eg - worth saving, looking for grounds to dismiss, trying to get to a mutual separation.
bga said:
The HR team is operating a process and unfortunately you have been dragged into it. It sounds like they are managing the individual out but they have to be seen to be doing everything they can to give the individual the chance to improve - this includes mediation.
It can take a long time to exit poor performers as internal legal teams tend to be risk averse and can greatly hinder the process. The longest I have heard of in Professional Services is 3 years and that one ended up with legal action being taken against (and subsequently dropped) my wife who was an HR Senior Manager who picked up the case.
As mentioned by a previous poster, speak to your HR lead about it (possibly via your People Management Lead - if that exists in your firm).
Look on the bright side - if they are on a training contract and are useless then it's likely that they will fail their exams at second attempt and be fired anyway!
I completely agree with your first paragraph, that's entirely my feelings and view.It can take a long time to exit poor performers as internal legal teams tend to be risk averse and can greatly hinder the process. The longest I have heard of in Professional Services is 3 years and that one ended up with legal action being taken against (and subsequently dropped) my wife who was an HR Senior Manager who picked up the case.
As mentioned by a previous poster, speak to your HR lead about it (possibly via your People Management Lead - if that exists in your firm).
Look on the bright side - if they are on a training contract and are useless then it's likely that they will fail their exams at second attempt and be fired anyway!
On your last paragraph, they actually did fail their exams last year and could have been terminated due to the mark they received which was below a certain mark, but the firm unusually allowed a second attempt because we're so short staffed at a junior level (which I'm certain they now regret). They then passed the resit but still have exams to go.
That's been really helpful - thank you.
Not sure you can win an ET with a complaint that my manager wasn't clear on what they wanted....
Anyway - My suggested approach would be to broaden the whole conversation out and conduct it as a coaching conversation. IE all suggestions and ideas come from the individual themselves.
Don't get drawn into very specific detail of events, focus on the behaviors you are seeing and the impact on the team or client.
Lots of good articles on coaching poor performers
HomesRose said:
Could this even proceed to an employment tribunal? She has been employed for under 2 years and my understanding is if her employment was terminated, it would be as a result of continued poor performance after a process to improve this. I'm slightly digressing but to be honest I'm getting a bit sick of having to go through this nearly every day for what's been around 9 months now. I have a busy job otherwise and this is taking over my life to some extent - inside and outside of work. My colleagues are also completely miserable about this.
Anything can go to an ET. Clearly within the two years the employee can be dismissed for no stated reason, however if they file a greivance for say bullying or rely on a protected characteristic (such as this was sex discrimination - all the boys got promoted but I didn't)
It is unlikely the employee can win say unfair dismissal or constructive, but they might use that as grounds to TRY to achieve some compensation.
Sadly it sounds like an attitude issue, which can be hard to correct... as you are discovering.
Don't shoulder the burden alone, make sure your HR team are right on this front and centre !
Gargamel said:
Not sure you can win an ET with a complaint that my manager wasn't clear on what they wanted....
Anyway - My suggested approach would be to broaden the whole conversation out and conduct it as a coaching conversation. IE all suggestions and ideas come from the individual themselves.
Don't get drawn into very specific detail of events, focus on the behaviors you are seeing and the impact on the team or client.
Lots of good articles on coaching poor performers
Good idea - thanks. Do you think that it's a worthwhile process then?Anyway - My suggested approach would be to broaden the whole conversation out and conduct it as a coaching conversation. IE all suggestions and ideas come from the individual themselves.
Don't get drawn into very specific detail of events, focus on the behaviors you are seeing and the impact on the team or client.
Lots of good articles on coaching poor performers
I don't want to get drawn into a he said she said debate but I would be interested to hear her "behaviour" complaints and what she would like me to do to remedy these (I'm not saying that this is realistic, I feel that I've been more than fair and probably over accommodating to her in the past but we aren't all perfect so maybe there is something I can work on). I do think this is emotionally driven and by way of background, she's been a high achiever all her life and suddenly is in an environment where she is clearly struggling with the level or type of work and a past exam fail has no doubt put a big dent in her confidence, so I feel that she is blaming everyone around her for this and not accepting any of the issues as her own.
I'd also like to explain to her the impact it's had on me, but again I'll probably keep this simple and as non emotional as I can.
ReallyReallyGood said:
Since it's not a tribunal, can you just refuse to go to the meeting?
Yes absolutely, and HR have made it clear that I don't have to. From an off the record conversation with someone very senior within the team, they think it would be helpful for the firm as it would demonstrate that we have taken all steps to help, but they have made it clear that I don't have to.I guess my worry is if I decline, she will most likely point the finger and say that I refused to do it and to be honest - I don't want to help her case at all after the grief and upset she's caused me with false accusations and just utter nonsense. My feeling throughout this is that I'm damned if I do and damned if I don't - I can't win.
Coaching is always worthwhile, it just doesn't always give an immediate result or the "right" outcome
I would ask things like
How do you prefer to receive praise and recognition.
(some people like to be recognised for effort and some for results - some in public - some in private)
How do you prefer to receive feedback ?
Can you think of a time when you have acted on feedback, what was the result ?
What is your response to critical feedback ?
Etc
Try to position it very clearly that all feedback in the company is ONLY ever intended to drive high performance, it is not specific or personal to her ability or character - it is a management tool to drive performance and development.
Again - look to move away from detail and speak to behaviour and her preference - it is emotional - so don't be afraid to go there.
It sounds as though you should go to the meeting. Beforehand, find out who the mediator is and get a few coaching tips from HR and tell them your fears about the emotional aspect and the stress its putting on you.
During the mediation, if the discussion goes off at a tangent, then it should be brought back on topic by the mediator. If issues have been cleared up by previous investigations, then state this and ask to move on. It's not an opportunity to appeal!
If you speak about the performance, then express yourself from a company point of view. i.e. Joe Bloggs PLC expects us to follow-up on service issues within three working days, if I am unable to do this, then I'll speak to my line manager and review the problem and we are all expected to do this..
Answers like..Maybe I could have addressed the performance shortfalls with you differently, but at the time I believed I was clear and concise about the nature of the problem.
Key points of Mediation:
The core principles of mediation are that it is a voluntary, confidential, without prejudice process in which parties try to reach a
consensual agreement.
Mediators are facilitators who are impartial and independent.
While the mediation process is flexible, most mediations follow a similar structure.
Mediation methodology encourages parties to engage with the emotional aspects of a dispute, generate creative solutions and
widen the options for agreement.
Mediation finds practical solutions rather than focusing on whether a party was ‘right’ or ‘wrong’
The problem's not easy and you have my empathy, but your performance is not in question here, it's the 'injured party' who needs to understand that feedback is necessary in a good working environment.
From her perspective: As she's a junior, I can possibly assume that she's a late generation Z or even a Millennial. This part of the working population have rarely received feedback in their early lives and have always been told that they're the best by family and friends. A lot of things haven't been earned and once they realise they are not the best and need to reach a certain level of aptitude, then they haven't got the tools to take the feedback and improve. What do some do? You've seen first hand unfortunately..
During the mediation, if the discussion goes off at a tangent, then it should be brought back on topic by the mediator. If issues have been cleared up by previous investigations, then state this and ask to move on. It's not an opportunity to appeal!
If you speak about the performance, then express yourself from a company point of view. i.e. Joe Bloggs PLC expects us to follow-up on service issues within three working days, if I am unable to do this, then I'll speak to my line manager and review the problem and we are all expected to do this..
Answers like..Maybe I could have addressed the performance shortfalls with you differently, but at the time I believed I was clear and concise about the nature of the problem.
Key points of Mediation:
The core principles of mediation are that it is a voluntary, confidential, without prejudice process in which parties try to reach a
consensual agreement.
Mediators are facilitators who are impartial and independent.
While the mediation process is flexible, most mediations follow a similar structure.
Mediation methodology encourages parties to engage with the emotional aspects of a dispute, generate creative solutions and
widen the options for agreement.
Mediation finds practical solutions rather than focusing on whether a party was ‘right’ or ‘wrong’
The problem's not easy and you have my empathy, but your performance is not in question here, it's the 'injured party' who needs to understand that feedback is necessary in a good working environment.
From her perspective: As she's a junior, I can possibly assume that she's a late generation Z or even a Millennial. This part of the working population have rarely received feedback in their early lives and have always been told that they're the best by family and friends. A lot of things haven't been earned and once they realise they are not the best and need to reach a certain level of aptitude, then they haven't got the tools to take the feedback and improve. What do some do? You've seen first hand unfortunately..
Lotus Notes said:
It sounds as though you should go to the meeting. Beforehand, find out who the mediator is and get a few coaching tips from HR and tell them your fears about the emotional aspect and the stress its putting on you.
During the mediation, if the discussion goes off at a tangent, then it should be brought back on topic by the mediator. If issues have been cleared up by previous investigations, then state this and ask to move on. It's not an opportunity to appeal!
If you speak about the performance, then express yourself from a company point of view. i.e. Joe Bloggs PLC expects us to follow-up on service issues within three working days, if I am unable to do this, then I'll speak to my line manager and review the problem and we are all expected to do this..
Answers like..Maybe I could have addressed the performance shortfalls with you differently, but at the time I believed I was clear and concise about the nature of the problem.
Key points of Mediation:
The core principles of mediation are that it is a voluntary, confidential, without prejudice process in which parties try to reach a
consensual agreement.
Mediators are facilitators who are impartial and independent.
While the mediation process is flexible, most mediations follow a similar structure.
Mediation methodology encourages parties to engage with the emotional aspects of a dispute, generate creative solutions and
widen the options for agreement.
Mediation finds practical solutions rather than focusing on whether a party was ‘right’ or ‘wrong’
The problem's not easy and you have my empathy, but your performance is not in question here, it's the 'injured party' who needs to understand that feedback is necessary in a good working environment.
From her perspective: As she's a junior, I can possibly assume that she's a late generation Z or even a Millennial. This part of the working population have rarely received feedback in their early lives and have always been told that they're the best by family and friends. A lot of things haven't been earned and once they realise they are not the best and need to reach a certain level of aptitude, then they haven't got the tools to take the feedback and improve. What do some do? You've seen first hand unfortunately..
Thank you - all noted and very helpful. I think it's best overall to go to the mediation and I'm open to doing it if it's going to help this situation, one way or another.During the mediation, if the discussion goes off at a tangent, then it should be brought back on topic by the mediator. If issues have been cleared up by previous investigations, then state this and ask to move on. It's not an opportunity to appeal!
If you speak about the performance, then express yourself from a company point of view. i.e. Joe Bloggs PLC expects us to follow-up on service issues within three working days, if I am unable to do this, then I'll speak to my line manager and review the problem and we are all expected to do this..
Answers like..Maybe I could have addressed the performance shortfalls with you differently, but at the time I believed I was clear and concise about the nature of the problem.
Key points of Mediation:
The core principles of mediation are that it is a voluntary, confidential, without prejudice process in which parties try to reach a
consensual agreement.
Mediators are facilitators who are impartial and independent.
While the mediation process is flexible, most mediations follow a similar structure.
Mediation methodology encourages parties to engage with the emotional aspects of a dispute, generate creative solutions and
widen the options for agreement.
Mediation finds practical solutions rather than focusing on whether a party was ‘right’ or ‘wrong’
The problem's not easy and you have my empathy, but your performance is not in question here, it's the 'injured party' who needs to understand that feedback is necessary in a good working environment.
From her perspective: As she's a junior, I can possibly assume that she's a late generation Z or even a Millennial. This part of the working population have rarely received feedback in their early lives and have always been told that they're the best by family and friends. A lot of things haven't been earned and once they realise they are not the best and need to reach a certain level of aptitude, then they haven't got the tools to take the feedback and improve. What do some do? You've seen first hand unfortunately..
Issues have been cleared up the investigation (whether she wants to debate this or not, I don't) and so I'll make sure any debates of this nature are excluded. I don't have the energy to go back over old ground either.
You're absolutely right - she is a junior and is a millennial (I'll admit I had to google this for dates so I think that's right, but she's in her early part of her 20s and I'm in the latter part...technically that makes me a millennial though I think?!). I'm not making strict judgments but she is an only child and I get the impression she has led a very pampered life and been highly praised by her parents throughout, so she's taken the feedback very badly. They've also quite clearly been heavily involved in this process as some of the emails I've had from her disputing things have come later at night and have been worded in a very bizarre and overly formal manner, so I think she is taking the "issues" home, having a discussion then responding via their guidance. They work in totally different environments though so I don't think they properly understand how things work in our environment.
Thanks to everyone who has responded - I feel a lot more at ease now. I'm just hoping this all goes away sooner rather than later though, it's been a total drain on my life.
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