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1、Gareth EdwardsAssistant Group Training ManagerManaging Conduct and PerformanceCourse Objectives:By the end of this course you will be able to:Understand the importance of counselling, and know how to identify potential problems Understand the disciplinary procedure Carry out formal disciplinary acti
2、on within the scope of your authorityUnderstand the appeals procedureHow do you deal with the Challenging members of your team.?Managing Conduct and PerformanceManaging Conduct and PerformanceAt QHotels ALL managers must take responsibility for dealing with performance and conduct issues within thei
3、r teamsThe Managing Conduct and Performance Course deals with this in detailThis session gives a summary overviewThe most important piece of advice is to ALWAYS nip in the bud any potential problems!To begin with this may mean simply informal counselling.Managing Conduct and PerformanceWhat is Couns
4、elling?Counselling means talking to people about potential problems immediately and informallyProblems can often be resolved before whilst they are minorBe aware of your team and their work performanceNever avoid a potential problem it will not go awayEncourage open and honest communication with you
5、r teamManaging Conduct and PerformanceHow should counselling work?Always carry out discussions discreetly and away from other members of the teamListen to any explanations put forward - there may be a genuine personal reason for a problem - try and help find a solutionMake it quite clear what is not
6、 acceptable (conduct or performance) and that improvement is required and that there is a timescale - explain that next stage is likely to be formal actionKeep a note on employees file for reference purposes Is there a legal requirement to comply with set procedures when managing conduct or performa
7、nce?In October 2004, the Employment Act made it a legal requirement for all organisations to follow minimum statutory proceduresManaging Conduct and PerformanceFailure to comply with these statutory procedures will render a dismissal as automatically unfair, and are likely to increase any damages aw
8、arded by 10-50% if procedure has been breachedThis legislation will be amended in April 2021 shortly, however procedures will still apply and should always be followedIt is essential that you always lead by example when dealing with formal conduct and performance issuesManaging Conduct and Performan
9、ceWhy have formal Procedures?To deal with employees who fail to meet expected standard of conduct or performanceThe procedure ensures that employees are treated fairlyTo warn clearly of the consequences if no improvement is madeTo protect the company against claims for unfair dismissalAll employees
10、who have one or more years service can bring a claim for unfair dismissal Managing Conduct and PerformanceWho can bring a claim of unfair dismissal?All employees with over 12 months continuous serviceThose with less than one years service can bring a claim if they believe they were dismissed on grou
11、nds of discrimination eg sex, race, disability etcEmployees with any length of service can bring a claim of wrongful dismissalManaging Conduct and PerformanceWhat is the role of Human Resources in managing conduct and performance?Human Resources must always be involved at every stage of the process
12、to ensure that the correct procedure is followed they represent the interests of both parties the Company and the EmployeeManaging Conduct and PerformanceCarrying out formal ProceduresThere are two separate procedures:MISCONDUCTPOOR PERFORMANCEHowever the basic steps and procedures are the sameHandl
13、ing Misconduct Some Examples of Misconduct:Persistent Absenteeism or latenessUnauthorised AbsenceMisuse of company facilitiesFailure to follow company rulesHarassmentDisorderly ConductManaging Conduct and PerformanceThe Disciplinary StagesVerbal or Oral Warning (Stage 1)Written Warning (Stage 2)Fina
14、l Written Warning (Stage 3)Dismissal (Stage 4)Remember that the sanction imposed will depend on the seriousness of misconduct/poor performance or whether it is a repeat of previous or similar offenceRemember it is the procedure not the decision that should be consistent, fair and reasonable eg emplo
15、yees may be treated differently for the same type of offencePrior to the HearingA full and thorough investigation completed to establish if there is a case to answerWritten notification to employee inviting them to attend a hearing, detailing the allegation, informing them of their right to be accom
16、panied, and including details of any evidence that will be included e.g. copies of training records, statements etcPrior to the hearingEmployee should be informed a minimum 24 hours prior to hearing (maybe longer depending on seriousness/complexity of case (always inform verbally prior to sending fo
17、rmal written invite)Prior to hearing, check the facts e.g. length of service, previous warnings, any known mitigating circumstances to be taken into accountAt the hearingUse the hearing checklistManager must always be accompanied by a note taker (normally Human Resources)Introduce those present and
18、keep proceedings professional treat the individual as you yourself would wish to be treatedExplain the rights of the accompanying personClarify the allegations of the case, using evidence as appropriateAllow the employee to state their caseAt the hearingAsk follow up questions as requiredIf further
19、investigation is required adjourn the hearingKeep notes, including timings (always keep handwritten notes, even if the minutes are typed up)Above all, keep an open mind until hearing all of the evidenceCheck that there are no mitigating circumstances to be taken into account e.g. personal problems o
20、utside workAdjourn the meeting to consider the facts and make a decision (this will normally depend on seriousness of the allegation and complexity of the case)Making a decisionConsider the employees record to dateSimilar offences and sanctions imposedAny mitigating circumstances to be taken into ac
21、countFor example when issuing a Final Written Warning, consider carefully if you would dismiss the employee if they committed this same offence again if unsure, then correct sanction would be written warningMaking a decisionInform employee of the decision, fully explaining how you have reached your
22、decisionInform employee of their right of appealConfirm the decision in writing, explaining fully why you reached this decisionManaging Conduct and PerformanceHandling Poor PerformanceIs in the main, far more challenging that handling misconduct.It is essential to handle poor performance issues prom
23、ptly In many cases an informal discussion, followed up in writing which warns that formal action will be taken if there is no improvement, will be sufficient.Managing Conduct and PerformanceClarifying Performance ExpectationsOnce a decision has been made, it is essential to set out clearly realistic
24、 and achievable targets, and to provide support and training to help the employee to improve their performance.A review date should be set to see if these standards have been achievedRemember that unrealistic targets may result in employee absence/constructive dismissal claimsManaging Conduct and Pe
25、rformanceThe formal procedureAlways follow the correct procedure for all formal conduct and poor performance action see handout for full detailsAlways take prompt action! Remember that if you use informal counselling immediately when you spot a potential problem with your team, it is likely that you
26、 will avoid the need for formal action to be taken in the majority of casesAppealsEmployees must appeal in writing stating specifically why they believe a decision to be unfair or inappropriateAn appeal is not to repeat the previous disciplinary meetingThe format is as for formal disciplinary hearing i.e. right to be accompanied, opportunity to state their case etc.An appeal must be heard by another normally more sen
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