This policy is not intended to be comprehensive, but to act as a guide. If you have any questions about this policy, please speak to your manager in the first instance. This policy does not form part of your terms and conditions of employment and may be varied and/ or withdrawn at any time without notice.
Kelly is committed to ensuring that all employees are equipped with the tools needed for them to carry out their roles to the required standards. This procedure has been developed with this is mind and is designed to help all Kelly employees to achieve and maintain high standards of performance.
It is important that you read and understand this policy and follow the provisions contained within it. This policy applies to all permanent UK & Ireland employees, as well as those who are working for and/ or on behalf of Kelly. If you have any questions about the Kelly approach to managing performance please speak to your manager in the first instance.
You should ensure that you fully understand the expectations of your role, objectives you are expected to achieve and timeframes in which this should be done.
You should aim to meet the performance standard of your role at all times. If you feel as though you are having difficulty in meeting expected standards, you should raise this with your manager immediately for support to be put in place to aid you.
Once your manager has identified a performance issue, they will clarify with you what standards are expected and discuss issues of concern as they arise, i.e. may be raised because of complaints, observation of your performance or through regular reviews.
There should be an on-going discussion on a one-to-one basis of what standards are expected and support provided to meet these expectations. You will be given the opportunity to explain the issues raised in relation to your performance. Advice will also be provided on how to resolve these performance issues.
You will also be informed that if performance is not improved then the Performance Management Process (PMP) will be initiated. You will be informed of the possible consequences of being in the PMP, these may include:
o demotion o transfer o formal performance management up to and including dismissal
The process in summary is as follows:
o Stage 1: A Performance Improvement Plan (PIP) will be put in place and you will be given the opportunity to achieve the objectives set. If during this time your performance has not met the required level then a first formal review will be held in line with Kelly disciplinary process and sanctions. A possible outcome of this review is being issued a verbal warning.
o Stage 2: If there has been no sustained improvement in performance following the issue of the verbal warning, a second formal review will be held. A possible outcome of this review is for a first written warning to be issued.
o Stage 3: If there is no sustained improvement in performance following the first written warning and performance improvement plans have not been adhered to then a third review will be held. A possible outcome of this review is that a final written warning will be issued.
o Stage 4: Final Capability Hearing – if the previous steps have not been successful and there is no sustained improvement in performance to the standard required then the company will determine the appropriate action to take, which may include dismissal.
You will not be eligible for any salary increases during the period of any live warnings. TCRs are annual and if missed, you will be included in the following year (provided you have no further warnings). Ad-hoc increases will be agreed on merit and begin from the agreed date.
If you can demonstrate a sustained improvement in your performance, then you can be taken out of the PMP. Any warnings issued as part of this procedure will remain on your until they expire.
The Company reserve the right to skip stages of this procedure should performance warrant this.
To begin the PMP a PIP will be used to record the objectives, actions and targets set out for you to achieve, which you will be asked to sign your agreement.
Regular review meetings will be held with your manager discuss the objectives set and the timescales in which you are expected to achieve them (at least once a month).
Your performance will be monitored and if it does not meet acceptable standards within the timescale specified, your manager and a Human Resources (HR) representative will invite you to a formal meeting to discuss the issues. You will have the right to be accompanied. If no satisfactory explanation can be given, you will be advised of the following:
o improvement in performance required o time scale for improvement (usually one month) o support to be provided to assist your performance
You will also be reminded of the possible consequences if standards cannot be met. These are:
o demotion o transfer o further formal action up to and including dismissal
A possible outcome of this meeting is a verbal warning to be issued. This will be followed up in writing with an updated PIP.
A copy which will be retained on your personal file for a period of six months. You will also be advised of your right of appeal.
The PIP will be updated to record all actions and targets and should be signed by both yourself and your manager.
If there has been a failure to meet the performance targets set at the first formal meeting or no sustained improvement in performance, a further formal meeting will be arranged. It should be noted that if the poor performance is so severe that the situation warrants it, then the first stage of the process may be by-passed and the process may commence at the second formal stage.
During the second formal meeting a comprehensive review of the circumstances and any actions taken to date. The meeting will be conducted by your manager, assisted by an HR representative. You will have the right to be accompanied. If no satisfactory explanation can be given, you will be advised of the following
A possible outcome of this meeting is a first written to be issued. This will be followed up in writing with an updated PIP.
A copy which will be retained on your personal file for a period of nine months. You will also be advised of your right of appeal.
If there has been a failure to meet the performance targets set at the second formal review meeting or if there is no sustained improvement in performance, a third formal review Meeting will be held.
Previous warnings issued and actions taken to date will be reviewed. This meeting will again be conducted by your manager and the HR representative. You will have the right to be accompanied.
If no satisfactory explanation can be given, you will be issued a final written warning. You will further be informed that if no acceptable improvement in performance is achieved within the given time scale (usually one month) then a final formal hearing will be held, which may result in your summarily dismissal.
A copy which will be retained on your personal file for a period of twelve months. You will also be advised of your right of appeal.
If there has been a failure to meet the performance targets set at the third formal review meeting or if there is no sustained improvement in performance, despite the support and guidance given within the performance management process and you still fail to reach the prescribed standards then a final review hearing will be held, which may result in dismissal.
The final review hearing will be conducted by your manager and a HR representative. Previous warnings and actions will be reviewed. Your manager will:
o consider the performance standards set o reasons for your failure to meet those standards o establish reasons for poor performance and the reasons why any measures taken have not led to an improvement in performance o establish whether there is any likelihood of a significant improvement being made within a reasonable time and o whether dismissal is appropriate or whether any further measures or actions could be taken as an alternative to dismissal
You will have the right to be accompanied and will be provided prior to the meeting with copies of all relevant material gathered throughout the PMP and formal reviews.
At the end of the meeting, your manager will decide as to whether you should be dismissed or that further appropriate action should be taken. If the decision is taken to dismiss, then you will be provided with a clear understanding as to why and how this decision arose. This decision will be followed up in writing and include the following information:
o the reasons for dismissal o the date on which the employment will terminate o the right of appeal
You have the right to appeal against any decision/ sanction of the PMP. If you wish to do so, this must be submitted in writing within 5 working days from the date of the hearing. The appeal letter must clearly state the grounds of appeal and any new evidence which you would like to be considered. The appeal should be submitted to the manager referred to within your outcome letter confirming the decision or the HR representative.
The appropriate next level of management will hear the appeal, assisted by a HR representative. You have the right to be accompanied to your appeal hearing.
The appeal hearing will normally be arranged within 10 working days of an appeal letter being received.
You are expected to make every effort to attend your scheduled hearing. If the date/ time offer is not suitable, you are entitled to suggest an alternative date providing it is within a reasonable timeframe and it falls before the end of the 5 working days.
A full review of the facts of the case will be carried out by the manager hearing the appeal, paying particular attention to the grounds of appeal you have put forward. The manager hearing the appeal may also call any further witnesses or conduct any further investigations necessary or appropriate. Where new evidence arises during the appeal you will be given the opportunity to comment before any action is taken. If necessary the appeal will be adjourned to investigate further or consider such points.
After the appeal hearing the manager will make his decision as to whether the appeal is upheld or not and will write to you, usually within 5 working days from the date of the hearing, with the decision.
The response will detail whether the appeal has been upheld or rejected and the reason for the decision. Notes of the appeal hearing will be placed on your personal file and a copy will be made available upon request.
The decision of the appeal hearing manager is final.
All employee data is handled in line with the General Data Protection Regulation (GDPR) 2018.
Reviewed May 2019