Why do we manage performance? 

Performance management is essential for identifying and addressing poor work performance, supporting employee development, and protecting organisations from potential legal consequences. It provides a structured approach to help employees understand expectations, receive necessary support and training, and improve their capabilities. Effective performance management also serves as crucial evidence in employment tribunals and helps align individual efforts with organisational goals. 

Here's a more detailed explanation: 

• Legal Protection and Evidence: while there is nothing in law requiring staff appraisals, the appraisal report may be used as evidence in claims for unfair dismissal, particularly where an employer has indicated satisfactory performance in a recent appraisal but then dismissed the employee for poor work performance shortly after. 

• Early Intervention and Support: as soon as there is cause to be concerned about poor work performance, it should be raised with the employee informally, as often employees do not realise their work performance is not satisfactory and this informal discussion may be the only step needed. 

• Structured Improvement Process: explains that employers should take a sympathetic and positive approach to employees struggling with performance, working with them to identify areas where they fail to meet satisfactory standards, how they can improve, and what support they need, with dismissal only considered where employees fail to respond satisfactorily. 

• Organisational Benefits: identifies that performance management provides benefits including identifying potential, aligning individual effort to organisational goals, identifying development needs and skills gaps, and serving as a vehicle for strategic change within the organisation. 

• Individual Development and Motivation: properly conducted appraisal meetings provide valuable opportunities to review performance, provide feedback, agree objectives for upcoming periods, air employees' problems, and plan for training and development, making it a motivating experience for staff members. 

What are reasonable adjustments? 

Reasonable adjustments are modifications that employers must make to remove barriers that place disabled employees at a substantial disadvantage compared to non-disabled colleagues. Under the Equality Act 2010, employers have a legal duty to make these adjustments when they know, or ought reasonably to know, that an employee has a disability and that workplace provisions, criteria or practices create substantial disadvantages. The adjustments must be reasonable considering factors such as cost, effectiveness, and the employer's resources, with the objective being to enable disabled people to work effectively rather than treating them as objects of charity. 

Here's a more detailed explanation: 

• Legal Definition and Scope: the Equality Act 2010 states that employers have a duty to make reasonable adjustments to the workplace in order to remove any barriers caused by the employee's disability, which could include amending work duties or making alterations to the working environment. 

• Assessment of Reasonableness: explains that when determining "reasonableness" the Employment Code of Practice, produced by the Equality and Human Rights Commission, states that the size of the organisation plays a major role, along with the amount of resources available to an organisation and the overall cost of any adjustment. 

• Employer's Proactive Responsibility: it's not employees' responsibility to suggest appropriate adjustments for their disability, as the duty to make reasonable adjustments rests with the employer, and they need to adopt a proactive approach and decide whether a suggested adjustment will actually have the effect of removing or reducing the disadvantage. 

• Types of Adjustments Available: indicates that for workers with mental health issues the adjustments might include changes to work patterns and arrangements to accommodate long term or fluctuating health conditions, allowing additional sickness absence, creating the possibility of part-time working, and appointing a "buddy" or "mentor" to provide additional support. 

• Continuation During Absence: confirms that making a reasonable adjustment can enable an employee to stay at work or assist an employee in returning to work, and hence, if an employee is absent due to sickness, there is still a duty to consider what reasonable adjustments could be made for him or her. 

Legal Responsibilities when managing sickness absence and capability 

When managing sickness and performance, employers must follow unfair dismissal rules, comply with data protection requirements for medical information, and make reasonable adjustments under disability discrimination legislation. Key deadlines include ensuring detailed records are kept throughout the process, following consistent procedures, and consulting with employees at every stage before any dismissal decisions. Mental health conditions may constitute disabilities requiring additional support and reasonable adjustments to working arrangements. 

Here's a more detailed explanation: 

• Unfair Dismissal Requirements: dismissing an employee for sickness absence will potentially be considered fair if genuine sickness makes an employee unable to carry out their duties (capability issue) or if sickness is being used as an excuse for persistent unjustified absences (disciplinary issue), but any absence-related dismissals must be handled "reasonably" by keeping detailed records, following organisational rules consistently, consulting with the employee at every stage, and looking for alternatives to dismissal. 

• Data Protection Compliance: you will have to comply with data protection rules if you request, use or keep any medical information about an employee, including reasons for their sickness absence, requiring the employee's explicit consent to request or keep medical information and ensuring such information is held securely, for example by password-protecting it. 

• Disability Discrimination Obligations: under disability discrimination legislation, you have a legal duty to make "reasonable adjustments" to prevent employees with disabilities from being treated unfavorably, which might include allowing periods of absence for treatment or rehabilitation, and disciplining or dismissing someone for disability-related absences may result in a discrimination claim. 

• Mental Health Reasonable Adjustments: explains that for workers with mental health issues, "reasonable adjustments" under the Equality Act 2010 might include changes to work patterns to accommodate long-term or fluctuating health conditions, allowing therapy visits, appointing a "buddy" or "mentor" for additional workplace support, allowing additional sickness absence, facilitating gradual return to work, and creating possibilities for part-time working arrangements. 

• Capability Dismissal Process: indicates that dismissal policies should outline the dismissal procedure, including notice periods, and for employees lacking capability who do not provide acceptable explanations in response to management's concerns, dismissal letters should detail previous meetings, warnings and any medical reports, stating that no alternative duties or adjustments can be made.