This week the e-zine is written by "Mike's Mentor" - Juliet Price. Juliet Price, is the founder
and Managing Director of the award-winning Human Resources, Health
& Safety and Training and Development business, Park City
Consulting.
Dealing with staff problems is a drain on the patience and
resources of any manager. With so much legislation protecting
employee rights, it sometimes feels as though the employer gets the
rough end of the stick. The reality is that these measures aren't
there to trip employers up; they exist to ensure a level playing
field for all involved. But if you are experiencing employee
problems, how do you strike the right balance of looking after your
company's interests with maintaining the rights of the employee?
And how do you stay out of tribunal? Here is a primer on typical
employee problems businesses face, and the most effective ways to
deal with them:
Under-Performing Patrick
After a lengthy and difficult recruitment process you've
found the right person for the job. Or so you thought. He shone in
the interview, but after a strong start his energy levels have
dropped, his enthusiasm has waned and his quality of work has been
below par. What's more, the rest of the team have already
identified him as the weak link.
Patrick will most likely be capable of doing the job well. If
there wasn't some sign of talent, you wouldn't have hired him.
Whether the underperformance stems from a lack of knowledge,
insufficient skills or poor attitude, things can't carry on as they
are. An underperforming team member will have a detrimental effect
on your business - on your bottom line, team morale, and customers
to name but three. Should you persevere with Patrick or cut your
losses and go through the recruitment process again?
Above all, act now. Do not allow underperformance to continue.
Speak to the individual and make explicitly clear the areas in
which they're not up to scratch. This doesn't mean you should
severely rebuke them - bear in mind that they're still new.
Instead, calmly explain where the gaps are between their current
performance and your expectations of them . With poor performance
underlined, you then need to find out the reason for the
underachievement. This could be practically anything from a lack of
confidence to a personal problem. But only by finding out the
underlying causes of underperformance will you be able to do
something about it. Then, offer your help and support in reaching a
satisfactory solution.
Remember, too, to examine your own processes. Perhaps your
recruitment activities are in part responsible, and there may be
something you can learn for the future. Was the role clearly set
out in the job advert and at interview? Was the job specification
understood, was the employee given enough support through induction
and have you been clear in setting our your expectations?
Before the end of your meeting, both you and the person
concerned need to be crystal clear on what is expected of the
individual - agreeing both an action plan and dates for review.
Only if the employee hasn't made progress by the next review may it
be time to consider rehiring.
Loyal Lenny
Business hasn't been booming of late and you no longer need
so many people in your team. If it's one person's specific role
that's no longer required, then that member of staff will be made
redundant. If on the other hand, you employ a number of people in
the role at risk, you're going to have to make some difficult
decisions: which members of your team keep their jobs and which
face redundancy?
Lenny, for instance, is a member of the old-guard, part of the
company furniture. He makes avoidable mistakes and finds it
difficult to adjust to change, but he's been with the business
through thick and thin. Surely Lenny's loyalty and service should
count for something when making these tough decisions?
While Lenny's hard work over the years shouldn't be undervalued,
when making redundancies you must be absolutely fair. You should
take into account criteria which are of demonstrable impact to the
business; such as skills, knowledge, performance and attendance.
More emotional considerations such as 'likeability' or popularity
are not acceptable grounds on which to make redundancy
decisions.
You must be completely transparent throughout the redundancy
selection process and strictly follow the proper procedures. Inform
and consult with your team about the business and the reasons for
the proposed redundancies, the numbers of staff involved, the
proposed timing, how you plan to calculate redundancy payments.
Importantly, identify with employees all the possible alternatives
to this course of action as redundancies should always be the last
resort. It may surprise you how innovative staff can be in these
situations, working with their employer to achieve the required
reduction in staff costs and while retaining their employment,
particularly in the current economic climate. Redundancies are
never easy: there is emotional turmoil for the employee and the
employer. The only thing you can do is be fair to all those
involved, follow current recommended process and ensure you retain
the best individuals for the business.
Job-Hopper Jason
He had the experience and credentials, and seemed like a
perfect fit; but before you'd learned his kids' names, Jason had
packed up and moved on to pastures new.
It's frustrating, time consuming, and above all expensive to
work through a complete recruitment process only to find your
candidate leaves after three months. So how do you avoid habitual
job hoppers? Furthermore, how do you make sure your business isn't
one that people want to leave?
If a recruit hands in their notice, you need to find out as much
about their reasons for leaving as you can. Some are unavoidable
and no reflection on you at all - perhaps their family's moving
abroad or they're going back into education. But by holding exit
interviews as a standard, you stand a much better of chance of
finding out if there are problems endemic to your organisation.
Carry out regular staff surveys - the results of these will help
you spot shortcomings in your workplace before they turn into
problems which result in resignations.
Furthermore, ensuring that you have up-to-date signed copies of
your terms and conditions of employment for each of your employees
is critical in these circumstances if you are to protect your
intellectual property, client confidential and commercially
sensitive information. This is particularly relevant in the case of
sales staff. Remember, best practice is to receive back from your
employees their signed terms and conditions of employment within
four weeks of their start date.
You can proactively avoid job hoppers simply by being diligent
in your recruitment process. If a strong candidate has a history of
jumping from company to company, ask them about the scenarios that
led to them moving on. If you're still unsure after their
explanation, tell the candidate so they have the chance to allay
your concerns. If you still believe you may have a job hopper on
your hands, go with your gut instinct and give them a wide
berth.
Doctor's Note Derek
Derek has a wealth of experience, gets on well with his team
and is great at his job. Unfortunately Derek hasn't done his job
for quite some time, as he has been signed off by his doctor as
unfit for work for months.
Long-term sick leave is a tricky situation to deal with. The
causes will undoubtedly be serious. But while you should always be
empathic with your employees, you need to be able to rely on them
to carry out their responsibilities; and while Derek's away, you're
still paying for a job that isn't being done - and that could
affect everyone's livelihoods. How do you strike the right balance
between sympathy for the employee and looking after the company's
interests?
First, assess the position. Stay in contact with the absent
member of staff to remain informed of their health problems and
gauge the likely recovery period. If it looks as though the
individual will be signed off as unfit for work for the foreseeable
future, you may even have to consider dismissal. This may sound
harsh, but if an employee is unable to perform the job they're paid
to do, this is a fair and legal reason for letting them go. You
should always be sympathetic and do your best to assist an employee
in returning to work, but you're not running a charity and you're
not expected to maintain someone who isn't capable of doing their
job.
You don't want to fall foul of the Disability Discrimination Act
either, as the financial penalties are unlimited so always seek
advice at the first sign of a problem.
Hapless Harriet
If there's a floor to be slipped on or a cable to be tripped
over, you can count on Harriet to fall foul of it. Because no
matter what lengths you take to ensure your company is a safe
working environment, accidents can and do happen.
There is so much health and safety legislation these days, it's
unsurprising that many businesses often trip over the red tape.
Legislation is constantly changing, and if you don't remain
up-to-date and compliant, you could fall face-first onto a law suit
or hefty fine.
Regular health and safety audits will reveal where your business
isn't compliant, giving you the chance to remedy the situation.
Your staff also need to be aware of safety issues in the workplace.
They may not like the idea of health and safety training,
particularly as they'll no doubt have to sit through a cheesy '80s
awareness video; but whatever your method of delivery, your staff
do need to be aware of their health and safety responsibilities.
It's non-negotiable, and the only way to stay the right side of the
law. As with so much health and safety best practice, preparation,
positive risk management and staff training are the best
defence.
Harassed Helen
Harassment can take many forms: sexual harassment,
discrimination or bullying. And it can impact anyone: men or women
and people of all backgrounds, races or religions.
Harassment isn't always obvious. It can be subtle and insidious.
It's often one person's word against the other. So how do you deal
with harassment quickly and effectively, with as little disruption
to the team as possible?
If you don't have an anti-bullying and harassment policy in
place, draw one up. This should include an explanation of what
constitutes harassment, examples of unacceptable behaviour, the
procedures that will be taken in the case of a complaint, and
assurances of fairness. If a complaint is made, it should be taken
seriously from the start. Follow the correct (and clearly defined)
procedures to avoid any legal claims against you. If need be, use
an impartial, trained investigator to look into the matter. If the
accused is found to be guilty of harassment, you will then need to
take appropriate action; this could be anything from training to
dismissal. The plaintiff will also expect support. Whatever your
decision, both parties also have a right to appeal.
Absent Angela
It's 9:30 and Angela still hasn't arrived. Unfortunately
it's far from the first time and probably won't be the last.
Perhaps she rings in sick; perhaps she doesn't even bother phoning
with an excuse. Either way, you still have the same amount of work
to get through and you're a person down.
What Angela might not understand is that there are consequences
to her job not being done. Other cogs in the business might not
turn without her in the team. The frustrating thing is that Angela
may be good at her job when she's there; but unexplained absences
can really hurt productivity. So what should you do?
Make sure you have a policy in place to manage absence. You're
well within your legal rights to stipulate standards of attendance,
which, if not met result in warnings and eventually dismissal.
However, an employee cannot be given a warning or sacked without a
defined process being followed including a formal hearing. The
employee has the right to be accompanied at the hearing and a right
to appeal the decision. Before things go that far, always interview
your staff on their return to work to find out the underlying
problems causing their absence , remind them of the procedure to
follow when they are unable to attend work and ensure all staff
follow it.
And above all...
Whatever your concern, the following advice applies to all
staffing issues:
1) Treat everyone scrupulously the same, and be seen to do
so.
2) Get advice from a professional as soon as you see trouble on
the horizon.
3) Establish policies and procedures for solving disputes in line
with legal minimums. Share them with staff and stick to them.
4) Act now - human resources issues don't go away by
themselves.
5) Never assume that the law is on the side of a business: if you
haven't followed procedure it will lean in favour of the
employee.