HR Update - Performance check

When an employee is under-performing, you need the right policies and procedures in place. There are three main policies to consider here:

• disciplinary
• capability
• absence

The main problems a nursery has with its employees are those who won't do something, those who can't do something or those who take too much time off sick.

What is the difference between disciplinary and capability?

Disciplinary deals with conduct - won't do. Capability deals with performance - can't do. If an employee is not performing, first have a chat and explain what you need them to do. If things don't improve, start the disciplinary process.

This can eventually lead to dismissal.

If you find an employee is not performing due to lack of skills or training, it's a good idea to use a capability procedure.

You may want to offer training, or set time scales for improvement, but if things don't improve again you can dismiss the person. Remember, to bring a claim for unfair dismissal an employee needs two years' service.

There are other claims that an employee can bring where they don't need two years' service which could be very costly for you so be careful.

Dismissal

This can be done by:

• following the disciplinary procedure through to dismissal
• cross misconduct - known as summary dismissal; or
• a without-prejudice meeting and offer a settlement agreement.

Absence

Having an absence policy in place helps you deal with employees who find it difficult to get to work every day.

It should explain how you can exit these employees from the business.

It should also deal with unauthorised absence and long-term sick leave.

If you have an employee on long-term sick leave then you may have to terminate their employment. This is easier if you have an absence policy and capability policy.

You will be terminating their employment because they are no longer capable, not because they won't do the job.