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The foundation of almost every business is its people. Getting the best out of your employees and creating a productive and effective working environment can be one of the biggest challenges faced by employers. In an increasingly competitive business environment, understanding how to recruit and support employees to guarantee efficiency of performance is of fundamental importance.

Performance management is increasingly relied upon by employers to assess and evaluate their employees’ ability to fulfil and excel in the delivery of their duties and establish areas for growth and improvement to ensure that every employee feels supported and encouraged in their working environment. At MBM Commercial, our team of business employment solicitors understand the challenges faced by employers and have an established reputation for providing practical and holistic advice to ensure your business runs with effortless efficiency.

Performance Management Policies

As well as providing employers with advice and support in response to individual cases, our business employment team also assists employers in future proofing the operating practice that underpins a business. We will assist in establishing or updating existing performance management policies specific to your business structure with a view to providing employers with the tools to consistently manage performance issues and provide employees with the support structure required to fulfil their responsibilities.

Having a fair and established performance management policy in place can often mitigate the escalation of employee performance disputes. The policy will outline what is expected of each individual, ensure transparency and accountability and provide a foundation on which a harmonious and efficient working environment can develop and prosper. The policy will represent an agreement between employees and employers on the reciprocal duties accepted by both parties in the context of the working environment. It can be used for reference by managers or employees when carrying out performance management processes and provide support to employees in their understanding of the process from the outset.

The value of a performance management policy cannot be understated. At MBM Commercial, our team of business employment lawyers as will work closely with you to understand your business needs and concerns, identify strengths and weaknesses within your workplace and formulate a policy that will enable you to create a workplace that inspires productivity and job satisfaction within your employees.

Performance Management Process

The performance management process must be both fair and reasonable. The danger of implementing or relying on a system that fails to observe these fundamental principles is that irreparable harm can be done to the employment relationship and more widely, to the dynamics and productivity of the workplace. An employment law claim may arise in instances where an employee feels that they have been treated unfairly or in a manner that amounts to discrimination.

A performance management process should represent the following criteria to ensure the fairness and objectivity of the practice:

  • Consensus: the principles of a performance management process should be agreed between employees and the employers. Ideally, a performance management process should allow for a degree of reciprocity in the expectations placed on both parties. For example, the employee will agree to the performance of certain duties measured against established success criteria if the employer equally agrees to provide a supportive working environment and avenues for skills development and further learning opportunities.
  • Competencies: employees should be allowed to develop and grow within their role in a business or organisation. Establishing competencies and skills that an employee should aim to cultivate within specific timeframes will not only support the employee’s development, but will equally be reflected in the success and future growth of a company. The employee should be provided with sufficient opportunities to better themselves, develop new skills and improve existing capabilities in line with the overarching objectives of the business.
  • Consistency: performance management is a process that should be considered over the course of several months and years, an underlying degree of consistent development or improvement should be the standard on which this process is measured against. Change should not be expected overnight, an evaluation of an employee’s performance must be a process that takes place across multiple stages and can include both informal meetings and reviews that take place at scheduled points throughout a year, for example, on a quarterly basis. The employee must be afforded sufficient time to improve their performance, make required adjustments to their behaviour and develop additional skills and competencies in support of this.
  • Contact our Company & Employment Solicitors in Edinburgh & London

    Our team of business employment solicitors will provide practical advice, specific to your business and employees.

    We have extensive experience in this field and have offered advice and achieved results in even the most challenging of working environments. We understand the legal requirements that must be satisfied by employers and the standards expected by employment tribunals, and we will provide you with effective tools and processes to ensure the efficiency and productivity of your employees on the basis of fair and transparent performance management policies and practices.

    For business employment advice specific to performance management matters, please contact us on 0808 278 1429or fill out our online contact form.

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