Performance, conduct and discipline

Managing employee performance and conduct is an important, and often challenging, management function. If done effectively, not only does it assist managers to get the best out of their employees, it also reduces the employer's risk in the event of an unfair dismissal claim.

In order to manage performance and conduct effectively, an employer should have appropriate performance review and disciplinary frameworks in place and apply them consistently. Line managers should also receive comprehensive training on how to deal with these issues.

This topic considers the legal and practical issues involved in dealing with:

  1. managing performance

  2. performance review meetings

  3. appraisals

  4. managing conduct

  5. disciplinary processes and procedures

  6. the application and requirements of the Acas Code of Practice on Disciplinary and Grievance Procedures, and the consequences of failure to comply with it

Managing performance

An appropriate performance framework will include the following key elements:

  1. clear communication of expected performance standards to employees

  2. investigation of the reasons that an employee is not meeting expected standards (starting with a frank, detailed conversation with the employee about situation)

  3. the possibility of disciplinary

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Latest Employment News

House of Commons publishes motions ahead of consideration of Employment Rights Bill on 8 December

The House of Commons on 5 December published motions relating to Lords amendments to the Employment Rights Bill (ERB), in advance of its consideration of the those amendments on 8 December (to be followed by a swift ping-pong back to the Lords, expected on 10 December).The government amendments include: guaranteed hours offers for zero hours workers—the government has offered a concession in the form of consultation on the initial reference period unfair dismissal—in addition to the reduction of the qualifying period from two years to six months (rather than its removal altogether), the government amendments would remove the unfair dismissal compensation cap entirely by omitting section 124 of the Employment Rights Act 1996 (ERA 1996)reasons for dismissal for which there is no qualifying period—the government proposes to include in the list of reasons in ERA 1996, s 108(3) dismissal for failure to disclose a spent conviction or ancillary circumstances seasonal workers—the government proposes to consult with those representing the interests of seasonal workers and their employers before making regulations contributions to political funds from union members—the government amendments provide for an opt-out notice to be given on a day specified in, or determined by, the trade union’s rules, and for the Secretary of State to publish guidance (within three months of the measures coming into force about the kind of provision which the Secretary of State considers it is appropriate for the rules of a trade union to make for these purposes industrial action balloting—the government amendments require the Secretary of State, before bringing regulations into force to have regard to the effect provision for balloting other than by post on the proportion of those eligible to vote in such ballots doing so a number of MPs have tabled an amendment that the Commons should insist on the removal of the unfair dismissal qualifying period.

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