People & Performance Management

Discipline & Grievances

Disciplinary and poor performance problems can crop up at any time, and in all types of organisations. Generally they will stem from one of five causes - in many cases created by the employer, but not always.

When faced with handling issues of poor performance and discipline the fundamental thing to remember is that all people are different and need to be treated as individuals.

Furthermore employers need to ensure that they have, at all times, fulfilled the obligations that employees are entitled to expect.

• Poor performance
  Forget about employment legislation for the moment, the test is "in what ways would a reasonable employer look at the problem in today's society or work environment".
  Whenever we have to take a decision about poor performance, we must make sure the complaint is justified.
   
• Incapability
  Believing that an employee is incapable of doing a job, particularly when they have performed satisfactorily in the past, gives you a difficult problem. Your duty when establishing the facts can be complicated by the apparent change in capability. You must ensure that you are fair when making a decision.

• Misconduct
  What constitutes general misconduct will lie the business structures and the position the employee holds. It normally includes things like constant lateness; non-attendance; poor standard of work etc. Correct procedures must be followed and records kept.
   
• Gross Misconduct
  This is where the employee behaves or commits an act which is considered to go to the root of the contract. Dishonesty; discrimination; refusal to work without good reason would all fall under this category.

Avoid industrial relations difficulties before they happen - contact us before contemplating any formal action
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