In recent news, a social media worker has been awarded over £20,000 at an employment tribunal after being dismissed for not posting enough and making too many typos. The worker created just six social posts in a month compared to a colleague’s 73. However, as she was not given enough warning of her potential dismissal, she won her case.
This story brings to light the issue of navigating employee underperformance, serving as a reminder to employers to ensure fair procedures are in place.
Don’t make the same mistake
To avoid ending up at a tribunal, employers must approach the matter sensitively and follow proper processes carefully, ensuring the employee is kept informed at every stage.
When raising concerns about an employee’s underperformance, there are legal and reputational risks to be aware of. Equally, leaving performance concerns unaddressed can have varying degrees of repercussions for an organisation, depending on the employee’s role.
Addressing an employee’s underperformance also carries risks of further disruption to the company’s operations. When an employee is told they’re underperforming, it’s unusual for them to just accept it; they may defend themselves or feel accused in some way. This can result in an array of problems such as increased stress and anxiety levels for the employee, leading them to take more paid sick leave, which can be challenging for managers to navigate.
Determining if someone is underperforming can vary between companies, so decisions on the matter are made largely at the discretion of individual employers. However, there are some steps that every company should take to monitor underperformance fairly across all employees.
1. Set clear expectations
It’s an employer’s responsibility to clearly communicate the standards they expect from the outset to reduce the risk of miscommunication further down the line. This can be done in several ways such as through inductions or on an ongoing basis through regular appraisals, development meetings and team meetings.
Once expectations have been laid out, employees should also be aware of the consequences if they fall below expected standards. Most organisations do this through performance or capability procedures. These provide structure to the process of managing poor performance.
2. Start with a series of informal warnings
The issue of underperformance is a sensitive topic and must be approached carefully. If navigated poorly, the employer risks facing claims for discrimination or unfair dismissal claims.
For this reason, empathy is key throughout the whole process. Before giving a final warning, employees must be told clearly they are underperforming, through a series of general or informal warnings.
An informal warning is an opportunity for the employer to tell the employee they’re underperforming and why, explain the expected standards and compare them with what’s currently being achieved.
3. Ask for explanations and be empathetic
There’s usually a reason behind underperformance, so it’s also essential that the employer asks for an explanation and responds empathetically. The individual might have personal problems and need support. Or someone with a disability may need reasonable adjustments to raise their performance levels.
By showing empathy and a willingness to help solve problems, the employee in question is far more likely to feel supported. This, in turn, will increase the chances of a positive outcome for both sides.
4. Set out an improvement period
Once the employee knows they’re not meeting the expected standards and has been informed of how to get back on track, the employer should set an improvement period.
At the end of this time window, arrange a follow up meeting to assess any positive change. If no improvements have been made, the second meeting becomes more formal, and a Performance Improvement Plan (PIP) can be introduced.
5. Introduce a PIP
PIPs are a formal way to document what needs to be addressed and the steps taken to bring about change. In the first stage of a PIP, the employee is notified of a period during which they must improve their performance. They also receive forewarning of the next stage.
If they don’t improve in that period, the PIP progresses to the next stage. At the end stage, a final warning is issued and the employee is liable to be dismissed for capability purposes.
PIP best practices
It is quite common for employers to use PIPs, but note that they shouldn’t be used as a penalty. Rather, they exist to motivate employees to improve their work level.
For maximum impact, PIPs should be personalised. The plan should be tailored to each individual and include necessary support, such as setting achievable targets and retraining on certain areas if needed.
However, there is the risk that PIPs are perceived negatively and meetings can get personal if an employee disagrees with their manager. To ensure the process motivates employees to improve rather than feel like an accusation, it’s essential to approach the first meeting in a non-accusatory way.
Show empathy towards the employee by asking how the individual is feeling, and trying to find out what’s going on. Listen to the employee’s side of the story and offer appropriate support to show understanding. By doing this – instead of taking a kneejerk reaction to underperformance – a PIP is far more likely to have a positive impact.
Third-party representation
It’s advisable to have a representative present for the employee at meetings. Employees have the right to be accompanied and the presence of a third-party delegate, such as a union representative, not only offers a voice of reason but also helps the individual to feel supported.
Navigate underperformance fairly
Navigating employee underperformance is a sensitive but common issue, so employers must have official procedures in place and follow them carefully.
Through clear communication, sufficient warnings, and offering appropriate support, employers can navigate employee underperformance fairly and create a constructive experience for both parties.
