Chapter 11 - Performance Management And Relevant Legal Aspects Flashcards
If unsatisfactory performance continues and disciplinary action must be taken, there are 3 main objectives…
Rehabilitation - to bring about behaviour change
Deterrence - making an example of offenders
Retribution - punishment for inappropriate behaviour
Misconduct will be classed into the following 3 examples…
Minor misconduct - continually late for work - verbal warning
Serious misconduct - failure to follow lawful and reasonable instruction from supervisor - final written warning
Gross misconduct - violence against another employee - suspension, demotion, instant dismissal.
5 steps to disciplinary process…
- Establish the facts of each case.
- Inform the employee of the problem
- The meeting
- Decide on appropriate action
- Opportunity to appeal
Termination and appeals.
In cases of dismissal, normal contractual notice period must be observed except in certain cases of gross misconduct.
1 month to 2 years - 1 week
2 years - 2 weeks
3 years - 3 weeks
Over 3 years - 1 week for each year, maximum of 12 weeks
Any employee who is dismissed has the right of appeal. Certain examples of dismissal are regarded as automatically unfair which could include but not limited to…
10 points
Age
Sex
Pregnancy
Union membership
Refusal to carry out dangerous work/health and safety grounds
If there was nothing wrong with work performance
Exercising a statutory right ie minimum notice period, paternity leave
If the employer cannot show that the reason for retirement is fair
Refusing to give holiday entitlement
Exercising rights as part time worker
The time limit for bringing unfair dismissal claim is normally…
3 months
If the claim is automatically unfair dismissal the rules on time limit to take to tribunal are…
There is no time limit
What types of discrimination are there?
7 points
Direct Indirect Discrimination by association Perception discrimination Harassment Harassment by a third party Victimisation
There are 10 protected characteristics when it comes to discrimination, name them…
Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation Positive action
Human right
There are 4 fundamental human rights.
You have the right to…
Be safe and protected from harm
Be treated fairly and with dignity
Live the life you choose
Take an active part in your community and wider society.
When underperformance does take place, there are 4 types of management intervention…
Motivation
Training
Behavioural
CPD
