Poor Performance

Poor Performance

General Procedure

The first stage in dealing with poor job performance is to determine whether the matter is a disciplinary matter or a capability/performance matter. This can be ascertained by investigation.

Incapability/poor performance will arise where the employee has been set realistic targets and objectives and cannot achieve them through no fault of his or her own. An example of incapability is failure due to medical conditions.

If targets and objectives are highlighted but the employee fails to take action of which he or she is capable it may be treated as misconduct under the disciplinary procedure.

Stages of Procedure

The company reserves the right to truncate the following procedures in appropriate circumstances and for employees on probation.

Initial Session

The cause of poor performance will be investigated and established by the line manager. Edison will then write to you setting out their concerns and inviting you to a meeting, of which you will be given at least 24 hours notice, to discuss the issues. You will be asked for your explanation and that explanation will be checked. You will be advised of any action to be taken as a result of the meeting.

Where the reason is lack of required skills, you will be assisted with training and or advice where practicable, and given a reasonable time to reach the required standard of performance.

Where the problem is of a medical nature, the opinion of the company doctor or your GP will be sought to ascertain if there is any underlying medical condition. Any decisions where performance is unsatisfactory due to ill health will be taken in the light of medical advice, but the decision to dismiss rests with management.

Formal Warnings

Where despite assistance you are unable to reach the required standard you will be fully informed of the precise nature of the poor performance in writing and invited to attend a meeting to discuss your performance. You will be entitled to at least 24 hours notice and will be entitled to be accompanied by a work colleague or suitably qualified Trade Union representative as for a discipline interview (see above). We will re-arrange the meeting if either you or your representative cannot attend due to unforeseen circumstances.

If a satisfactory explanation is not given at the meeting we will write to you as follows:

Stage 1

First Written Warning

Your shortcomings will be set out along with the level of performance and improvement required and a realistic time limit for achieving that improvement and a consequence of failure to achieve or maintain the improvement.

Stage 2

Final Written Warning

If there is no, or insufficient improvement, or if the improvement is not maintained for the period stated, you will be invited to attend a meeting to discuss your performance in the same way as for a written warning. If a satisfactory explanation is not given at the meeting you will be given a final written warning. This will include the details as set out above, with an additional warning that failure to improve may result in dismissal.

Length of Warning

First written warnings will normally have a time limit of one month, but may be up to three months. The time limit will be dependent upon the nature of the role and the impact of the poor performance to the business. A final written warning will have similar time limits. In each case Edison will specify the length of the warning but reserves the right to amend the length of it or dispense with one stage in appropriate circumstances.

Stage 3

Dismissal

If there is still no improvement or not sufficient improvement or it has not been maintained for the period stated above, you will normally be dismissed with notice. Before a final decision to dismiss is made, you will be given the opportunity of putting forward your case as to why you should not be dismissed. This may include considering other options such as a change of role or demotion.

As at a disciplinary meeting you may if you wish be accompanied by a fellow employee of your choice or by a suitably qualified trade union official. You will be advised of the outcome of the meeting in writing and your right to appeal against the decision.

Appeals Procedure

You have the right to appeal against a dismissal decision, arising from the procedure.

If you want to appeal you should put your request in writing, setting out the grounds of appeal, within 5 working days, to the Managing Director, Fraser Thorne

As at a disciplinary meeting you have the right to be accompanied by a work colleague. The appeal hearing will be conducted within a reasonable period of the appeal being lodged. In the absence of Managing Director, Fraser Thorne the appeal will take place within a reasonable time of his return.

The outcome will either be:

• to reject the appeal and confirm the original decision;

• uphold the appeal and revoke the dismissal.

The result of the appeal will be confirmed in writing within 10 working days of the hearing.

The decision at the appeal stage is final.

For the avoidance of doubt, the following list provides examples of when a manager should move into the poor performance procedure;

• Performance is consistently poor or below an acceptable standard over a period of time;
• A pattern of poor performance emerges, e.g. consistent errors, low output, erratic performance;
• Poor performance is serious or becomes more frequent;
• Despite informal discussions and support there is still evidence of poor performance

This list is not exhaustive