Implementing Policies and Procedures

[Pauline Ferguson]

Hi there

Our organisation has just implemented a new performance policy and procedure. No consultation was undertaken with staff before it was implemented. We have now had to invite an employee to a meeting to discuss their poor performance - they have been provided with a copy of the policy and procedure and are now challenging the fact that we did not consult with staff on this.

The organisation was under the impression that we did not have to legally consult with staff before implementing policies and procedures is this correct?

Many thanks

 

[Newchodge]

It depends on whether it amounts to a contractual change.

It would, however, have been good practice to keep staff informed.

How many thousands of staff do you employ?

Incidentally, is it a policy or a procedure?

 

[Pauline Ferguson]

We only employ 6 members of staff but due to being a relatively new start up business that is very busy there wasn't the time - lame excuse I know but true.

We don't feel that it amounts to a contractual change there is reference to Review of Performance within the contract but does not we feel amount to a contractual change - the employee is underperforming and we are seeking to clarify why and to determine whether there is any additional support or training that we can put in place - the issues are significant which could have cost our clients £1000.00's and damaged our reputation if they had not been uncovered.

The reference to performance within the contract is:

REVIEW OF PERFORMANCE
7.1 A performance review will be carried out in relation to you at least twice in each year. The
timing of that review will vary depending upon your job and, in any event, is in the discretion
of the Company. Details of any review procedures relating to you will be given to you and you
are required to comply with them at the time of any review of you in order to assist in making
the process worthwhile.

- We did provide the employee with the new policy and procedure at the time of writing them to invite them to attend a poor performance meeting.

7.2 Your performance will also be reviewed, independently of the annual review process, during
and at the end of the probationary period.

It is both a policy and a procedure.

The only references to policies within the contract of employment are in relation to confidentiality and data protection.

 

[Newchodge]

If I were the employee I would be concerned that you have put this together in order to deal with them specifically. If you are relatively new, presumably the employee does not have 2 years service? In which case they can complain as much as they like but they are unlikely to be able to do anything.

 

[Pauline Ferguson]

They have just over 2 years service. It may appear that it was implemented to deal with them specifically however this is not the case but we are at a loss as to how to prove this.

 

[Pauline Ferguson]

They have also issued a subject access request for copies of their personnel file, training record etc that we are more than happy to provide but they are also asking for copies of email communication about their information shared with an HR advisor that we have contacted regarding this - do we have to provide this?

We have just received a Fit Note from them citing work related stress.

 

[Pauline Ferguson]

They also want us to send them copies of the evidence that we have but we have serious concerns about doing this as it is client information relating to their financial accounts (we are an accountancy business) we were more than happy to share this information with them as part of the meeting but not by post or email.

 

[Newchodge]

If you have an HR advisor you should be asking them these questions.

 

[The Byre]

REVIEW OF PERFORMANCE
7.1 A performance review will be carried out in relation to you at least twice in each year. The
timing of that review will vary depending upon your job and, in any event, is in the discretion
of the Company. Details of any review procedures relating to you will be given to you and you
are required to comply with them at the time of any review of you in order to assist in making
the process worthwhile.

Not only is that very poor and extremely inexact English, but is condescending and overbearing nonsense. In other words, it is predestined to annoy your staff.

Unless you are running some tin-pot paramilitary organisation (maybe you are, who knows!) I strongly suggest that you tear this up and get together with an experienced HR specialist and start again.

EDIT - I have just read that you are an accountancy business! Bloody Nora! You are an accountancy business that cannot write in plain English and without making grammatical mistakes!

 

[Mr D]

We only employ 6 members of staff but due to being a relatively new start up business that is very busy there wasn't the time - lame excuse I know but true.

We don't feel that it amounts to a contractual change there is reference to Review of Performance within the contract but does not we feel amount to a contractual change - the employee is underperforming and we are seeking to clarify why and to determine whether there is any additional support or training that we can put in place - the issues are significant which could have cost our clients £1000.00's and damaged our reputation if they had not been uncovered.

The reference to performance within the contract is:

REVIEW OF PERFORMANCE
7.1 A performance review will be carried out in relation to you at least twice in each year. The
timing of that review will vary depending upon your job and, in any event, is in the discretion
of the Company. Details of any review procedures relating to you will be given to you and you
are required to comply with them at the time of any review of you in order to assist in making
the process worthwhile.

- We did provide the employee with the new policy and procedure at the time of writing them to invite them to attend a poor performance meeting.

7.2 Your performance will also be reviewed, independently of the annual review process, during
and at the end of the probationary period.

It is both a policy and a procedure.

The only references to policies within the contract of employment are in relation to confidentiality and data protection.

Any particular reason its twice a year?

Have seen annual reviews of performance, though of course a good manager will pick up on problems in performance in the short term and deal with them on an ongoing basis rather than year end.
Must admit I've never come across an employer doing reviews at least twice a year.

 

[Pauline Ferguson]

I am sorry if I have caused offence. We have brought in an HR Advisor who has already looked at our contracts of employment and under guidance of them we are in the process of re-writing.

I am unable to contact them at present as they are on annual leave for the next 10 days so I was really hoping to seek some guidance here from professionals whilst I am not able to speak with them directly. I am new to the Company so please don't shoot the messenger, I am having to deal with a very stressful situation on behalf of my boss and was purely seeking some help.

 

[Newchodge]

They also want us to send them copies of the evidence that we have but we have serious concerns about doing this as it is client information relating to their financial accounts (we are an accountancy business) we were more than happy to share this information with them as part of the meeting but not by post or email.

While that is understandable it means that the employee does not have any opportunity to understand what you are complaining about and prepare their response. Perhaps give them the opportunity to see the information (in your offices) a week prior to the meeting.

If you had not developed your new 'policy and procedure' (and it really should be one or the other) what would you have done?

 

[Pauline Ferguson]

Thank you Newchodge that is great advice, I hadn't thought of providing the opportunity to view the documentation prior to the meeting. Even if we hadn't implemented it still would have resulted in asking them to attend a meeting to discuss - there have been informal discussions with them previously (sadly these have not been documented).

They have provided a written response to the invite letter, understandably they have used this to vent their frustration about various things out with performance and they do raise some valid points and we are more than willing to admit where we have failed and implement changes to ensure that we right our wrongs, however, we do need to be mindful that these points do not detract from their recent performance.

 

[Newchodge]

Thank you Newchodge that is great advice, I hadn't thought of providing the opportunity to view the documentation prior to the meeting. Even if we hadn't implemented it still would have resulted in asking them to attend a meeting to discuss - there have been informal discussions with them previously (sadly these have not been documented).

They have provided a written response to the invite letter, understandably they have used this to vent their frustration about various things out with performance and they do raise some valid points and we are more than willing to admit where we have failed and implement changes to ensure that we right our wrongs, however, we do need to be mindful that these points do not detract from their recent performance.

You might want to consider not using the new procedure, on this occasion. Hold a performance review, explain the issues, listen to the explanations and decide on action. And document everything. Confirm in writing the outcome, which, if there have been previous informal performance discussions, should not be more than a written warning, unless there is a new massive issue. Agree training and support requirements and make sure they are implemented.

Separately you need to meet with them to discuss their issues, but it is very important to keep the two separate.

 

[The Byre]

I am sorry if I have caused offence.

You certainly have not offended me, as I do not work at your place - but that ridiculous gobbledegook certainly would offend me if I did work there!

I am new to the Company so please don't shoot the messenger,

Fairy Nuff!

a very stressful situation on behalf of my boss

Who seems to be the cause of the problems.

we are in the process of re-writing.

I hope that your HR people have the gumption to tell your boss that your company needs to rip up the entire document and the underlying lack of thinking and start again.

It might also be instructive for your employer, if he/she realises what total nonsense they have written -

REVIEW OF PERFORMANCE
7.1 A performance review will be carried out in relation to you at least twice in each year. The
timing of that review will vary depending upon your job and, in any event, is in the discretion
of the Company. Details of any review procedures relating to you will be given to you and you
are required to comply with them at the time of any review of you in order to assist in making
the process worthwhile.

The underlined bits are bad grammar or just bad English or redundant or hopelessly inexact phrases.

'in relation to you' & 'relating to you' - who else? Meaningless phrase.
'each year' - YTD, calendar year, what?
'in any event' - meaningless phrase.
'in the discretion' - should be 'at the discretion'.
'any review of you' - this is just not good English.
'in making the process worthwhile' - again, poor English and a superfluous phrase best left out.

That paragraph is below GCSE standard and hardly speaks of a person with a tertiary education as an accountant. Also that kind of 'Direction from On-High' is symptomatic of someone who wants to play silly games, instead of running a business.