Managing Poor Performance
When it is noted that an employee is under performing in their role, employers will need to
consider how the poor performance should be dealt with.
If the poor performance is related to an unwillingness to work at full capacity or due to an “I
can’t be bothered” attitude, the matter should be considered via the Disciplinary
Procedure as this would be a misconduct or performance issue rather than capability issue.
If the poor performance is related to either the physical or mental ability of the employee
to carry out their duties to the standards required by the employer, then the capability
procedure should be followed.
In some cases, the medical condition may fall within the definition of “disability” under the
Equality Legislation. And therefore, there would be a requirement for the
employer to consider reasonable adjustments to aid the employee to perform their role.
a) Reduction in working hours.
b) Provision of equipment.
c) Alternative work
d) Changes to the employees place of work.
Otherwise, it is essential to establish the gap between the standards required by the
employer in comparison to the standard of work being achieved by the employee.
This should be done by following the Company’s capability procedure
In all capability cases, consideration should be given to whether or not all has been done to
assist the employee in achieving the required standards.
This should include training, mentoring and any possible adjustments
It is however important for employers to remember that throughout the process where
the Statutory Disciplinary and Dismissal Procedure is not adhered to, that any
dismissal will be automatically unfair.
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