Alternatively, you may be faced with a situation where an incident has occurred where you think the employee concerned has acted improperly. The staff member should be informed that this is the first step in the disciplinary process and that failure to correct the performance or misconduct may result in further disciplinary action. In turn, managers can then provide feedback and guidance to the employees. Outline previous steps taken to advise the employee about the issue (coaching sessions, performance appraisals, previous disciplinary actions) and attach copies of referenced documents, e.g., letter of concern. High performance in business means: increased productivity Description of the performance or behavior problem(s) or rule violation(s) in very specific detail. The best businesses are always improving their operations to stay competitive in their industry. Capability or performance is about an employee’s ability to do the job. Most performance management arrangements involve: employees being set performance measurements; Managers and supervisors are required to consult with Employee & Labor Relations before issuing any disciplinary actions, including suspension without pay. Performance Management Actions designed to address performance deficiencies and/or inappropriate job-related conduct of an employee through guidance on the improvements necessary to achieve or return to acceptable performance. Therefore, it is imperative that ELR is contacted prior to any disciplinary action being taken. (In very rare and extreme cases, such as job abandonment, suspected criminal activity, or an act that endangers others, the offense may be so grave that progressive discipline is not necessary and termination can be imposed without prior discipline). You may well have nothing to worry about. Demotion Process An action resulting in a demotion of an employee, whether based on performance or based on organizational restructure, requires contact with Employee & Labor Relations for review and compliance. Note the employee's explanation (as revealed during your meeting with the employee before issuing the discipline) or that the employee declined to offer one. Terms of Use • Accessibility • Site Feedback. Progressive discipline is the overarching process that starts with corrective action and includes formal discipline. If the employer believes that it is not working, then the matter is escalated to a disciplinary procedure. All disciplinary action must be based on just cause. Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. Sample Counseling Memo – This document should be used by supervisors to follow up discussions concerning inappropriate behavior/performance. I have an employee with a negative, “can’t do” attitude. Performance management is an ongoing process of communication between a supervisor and an employee that occurs throughout the year, in support of accomplishing the strategic objectives of the organization. It is important that the company does not use the disciplinary procedure as this may result in the dismissal being considered unfair by an employment tribunal. Supervisors are encouraged to take a progressive approach to discipline. Some employers might have a separate procedure for dealing with capability or performance issuesthat should be based on: 1. support 2. training 3. encouragement to improve Whether the employer deals with the issue under a capability or disciplinary procedure, they must do so fairly. Performance management. The supervisor must meet with the staff member to discuss the unsatisfactory performance or misconduct, and outline the appropriate corrective action. Suspension typically involves removal of the employee, without pay, from work. Potential allegations of misconduct warranting an investigatory leave include but are not limited dishonesty, theft or misappropriation of University property, fighting on the job, insubordination, acts endangering others, or other conduct which warrants removing the employee from the work site. All Rights Reserved. Tips for Giving Corrective Feedback – Supervisors should follow these guidelines in an effort to provide employees with effective feedback. Performance management describes the arrangements that employers use to maintain, and improve the performance of their workforce so that the organisation achieves its goals. At the onset of any employee performance or conduct issues, supervisors are strongly encouraged to contact Employee Relations staff for assistance. Following set performance processes ensures consistent treatment and transparency, so helps avoid claims of discrimination.  The principle objective of performance management and disciplinary procedures is to encourage improvement in the work performance and conduct of staff. (Note: Portions of this material are adapted, with permission, from UC Berkeley’s Guide to Managing Human Resources: A resource for managers and supervisors at Berkeley. It is important that you address performance issue as they arise and pursue a progressive approach to discipline. A loose term used in many work environments is that of ‘accountability’. Employees should receive training, coaching, and constructive feedback to assist in modifying their performance. 532 Administration Building, 1000 Hilltop Circle Baltimore, Maryland 21250, Phone: 410-455-2337Hours 8 a.m. - 4:30 p.m., M - F, © University of Maryland, Baltimore County, Employee Relations and Collective Bargaining. Managers and supervisors are required to consult with Employee & Labor Relations before or immediately following placing an employee on investigatory leave. University of California, Santa Barbara ), Human Resources Department Disciplinary Process Discipline is an approach used by management to modify undesirable performance and behavior through the use of a corrective action process. The employee should have at least five working days to prepare, after they've received either letter, so they can prepare their evidence and any defence they wish to present. (c) Each employee’s work performance and disciplinary history is unique, and disciplinary action should be calibrated to the specific facts and circumstances of each … Well, the first thing is not to panic and the second thing is not to resign. The performance management policy lays down the procedure to be followed when an employee consistently fails to meet the standards required by the company. If you can accomplish this in a positive and constructive way, you will send a message that you are not out to punish, but to help the employee become a fully productive member of your work unit. The letter should include the following: This is normally the next stage in progressive discipline after written warning(s). Encourage accountability. b. Disciplinary Action An action taken to address serious incidents of inappropriate conduct and/or performance defici… Reiterate your expectations regarding behavior and/or performance. How can you address this issue with the employee? You may decide to use this disciplinary action more than once to get the employee's attention and correct the situation. While your overall goal is still improvement, the consequences for the employee’s failure to improve are much more serious. The communication process includes clarifying expectations, setting objectives, identifying goals, providing feedback, and reviewing results You have been told you have to attend a meeting with the employer for disciplinary reasons. The performance management process lets employees document and discuss their performance with their manager. This policy and associated procedures outline annual performance reviews, a performance improvement plan process, and corrective discipline. Performance Management: This procedure is used to manage situations where an employee’s performance is below the required standard. Employers should make sure that performance management, and other forms of discipline, are carried out in a way that is non-discriminatory and is not based on stereotypes or discriminatory criteria. Be careful, however, not to get stuck issuing repetitive letters of warning that fail to influence the employee to change his/her behavior, attendance or performance. Steps may be omitted or repeated depending on the freque… Disciplining employees is a difficult part of supervision and management. Prior to issuing any disciplinary action, you are still required to first review your concerns with the employee and allow him/her an opportunity to respond before taking action. As an employer, you will be faced from time to time with the problem of an employee who is not performing to a standard required by you. The Regents of the University of California. The steps include oral warning, written warning, probation and termination. You are. Progressive Discipline. … Timely, appropriate, and continous feedback is essential to maintain effective performance. However, with the right performance management systems and procedures in place – from effective performance appraisal and development reviews to … Business leaders, HR departments, managers and employees each have different expectations of performance management programs. To be able to do this, employees and managers need to be performing to a high standard. Depending upon the applicable collective bargaining agreement or PPSM, you may be required to issue a letter of intent to suspend, which provides the employee with the right to respond either orally or in writing before the suspension action is implemented. Inappropriate behavior/performance must be evaluated on a case-by-case basis and judged by the severity of the infraction. Consultation with Employee & Labor Relations is required prior to initiation of formal discipline (e.g., letter of warning, suspension, termination), and before or immediately after placing an employee on investigatory leave. For example, an employer may have breached the Code if an older worker is not given opportunities to improve through performance management because of a perception that the performance is linked to age, or if a worker is subjected to a higher level of scrutiny because of another Codeground, such as se… If you need additional information or assistance, please contact James Abrams at 410-455-1638. If performance continues to be unsatisfactory or inconsistent you should determine if you want to begin disciplinary action. Termination is the only option available if all other attempts to correct the employee’s performance, attendance or behavior have failed. Performance management may include coaching, letters of expectations, performance improvement plans, or other appropriate forms of guidance. Disciplinary Action Form – This form should be completed when issuing a written reprimand or suspension. This can mean that no one’s needs get met. Attach any relevant documents that support your conclusions. Hours:  8:00 - 12:00 and 1:00 - 4:00, Copyright © 2012 The Regents of the University of California What should you do? In most cases, a letter of warning is the first appropriate step in progressive discipline. Conclude the letter with the advisement that failure to improve could lead to further disciplinary action, up to and including dismissal. Importantly, before deciding on the most appropriate course of action to take when performance or conduct becomes an issue, it is critical to use a thorough disciplinary process so that you reduce any legal risk to the business and ensure fairness … 7 Step Disciplinary Process Read … Preparing for Disciplinary Action – Prior to imposing any type of disciplinary action, a supervisor should consider these factors. Progressive Discipline Performance Management vs. Progressive Discipline Employee issues that require corrective action on the part of the manager can be generally categorized as either performance or behavior problems. BOR Policy VII-1.22  – Policy on Separation for regular Exempt employees. Performance Management Service (051), Office of the Deputy Assistant Secretary for Human Resources ... disciplinary or other corrective action will be taken. In certain serious circumstances, you may place an employee on an investigatory leave to allow the University time to review or investigate the allegations without the employee in the workplace. Services Building (SAASB) For example, the employee might have become involved i… Sample Written Reprimand – Use this document when less formal attempts to correct inappropriate behavior/performance have been unsuccessful or when the infraction is so significant or serious that an immediate formal action is warranted. Provide appeal rights pursuant to the appropriate collective bargaining agreement or PPSM, Before issuing the letter, contact Employee & Labor Relations for review of your draft letter. If you can accomplish this in a positive and constructive way, you will send a message that you are not out to punish, but to help the employee become a fully productive member of your work unit. When deciding what disciplinary action to take, keep in mind that discipline is supposed to be constructive. If the disciplinary hearing concerns poor performance, as opposed to misconduct, you can use an Invitation letter to a poor performance hearing instead. Generally, termination actions require written notice of intent to terminate and an opportunity for the employee to respond prior to the final decision. If you gave a verbal warning or letter of concern/expectation to an employee and the problem performance or behavior persists, a letter of warning may be effective. As the following diagram shows, there are three pages that help you manage the process: Placing an employee on investigatory leave does not mean that you have already reached a decision on the matter, the purpose of the leave must be to allow the University time to investigate the allegations or secure the worksite during the investigation. Failure to perform to standard on other grounds may well be subject to a disciplinary procedure. This policy and associated procedures work in tandem with the OA separations policy and procedure to further the goal of providing OAs a reasonable expectation of continuing employment. The purpose of this procedure is to outline the process for implementation of the Disciplinary and Performance Management Policy in respect of standards of performance, behaviour and compliance. Describe the impact of the problem (safety issues, need to reassign work). 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