This site is intended for health professionals only

Question: What is the best way of dealing with productivity issues with a member of staff returning to work from maternity leave?

Question: What is the best way of dealing with productivity issues with a member of staff returning to work from maternity leave?

|

Answer

Whatever the reasons for you receptionist's poor performance, you must tackle this. Employers have the right to set their own standards as high as they wish. If an employee can't meet the standard then dismissal may result but procedure and decision must be reasonable in the circumstances. Given that your employee is returning from maternity leave and will have been absent from work for 9 months or a year, you should allow time for her to settle back into her role. You should offer her any training or support she may need in bringing her up to speed with the role and this may also be a good opportunity and discrete way of showing her how you require her to do the job. You could couch in terms of "other staff are doing x and we would expect you to do the same". It may be that your employee improves her performance and you have no further problems with her progress.

If, however, her performance remains as it was prior to her maternity leave, you will need to address this. In doing so, you should ensure that you follow your own poor performance policy should you have one and also ensure that you follow the ACAS Code of Practice on Disciplinary and Grievance procedures. If you dismiss your employee and this is found to be unfair, if you have failed to follow the ACAS Code of Practice, the tribunal can increase any compensation by up to 25% as result of that failure.

Key points of good practice for performance management:

1. Set clear objectives and targets for your receptionist. You must ensure that she understands what is expected of her as it is not fair to dismiss her for failing to meet standards if she doesn't know what they are.

2. Undertake regular one to ones with your employee to monitor her performance. If the one to ones identify a need for support to reach the standards you are setting, this must be provided in terms of training, coaching, closer supervision etc.

3. If you decide to investigate your employees performance then you must decide whether you need to do this formally or informally.

4. At informal stage, the process is broadly toexplain the employee's shortcoming, listen to employee's explanation, identify requirements for training, support and make arrangement to provide this, set objectives, set a review period, monitor and review at end of period and warn of consequences of failure to improve (i.e. formal procedure)

5. At formal stage, you should follow the ACAS code as this is a more serious and prescribed approach.

6. You must consider what sanction is appropriate for your employee, whether this is written warning, final written warning or dismissal. Verbal warnings may be issued but this is no longer included in the ACAS Code of Practice and is more likely to be used at the informal stage.

7. When deciding a sanction consider whether it is reasonable whether you would feel comfortable justifying that decision to a Tribunal.

|

Questions & answers

Wed 27 May
Wed 27 May
The Queen’s Speech today confirmed pre-election plans and Cameron’s post-election speech focusing on creating a seven day NHS
Fri 22 May
Fri 22 May
GPs' contracts should be replaced by a payment by activity contract where doctors pay is dependent on their workload, LMCs voted today at the LMC conference in west London.
Tue 17 March
Tue 17 March
NHS England has announced action to improve race equality across the NHS workforce.
Tue 17 June
Tue 17 June
New recommendations to create greater transparency and more stringent data regulation have been released by the Health and Social Care Information Centre (HSCIC)
Mon 24 June
Mon 24 June
Concerns about an ageing workforce have led to a call for evidence into the impact of raising the pension age
Wed 20 June
Wed 20 June
Some employers have Extended Leave or Careers Break policies and the most obvious starting point is to check whether your practice has one
Wed 20 June
Wed 20 June
If the patient wasn't deaf, he would be entitled and able to access counselling services if offered to him. It is not proportionate to not offer counselling because of the cost to provide an interpreter
Wed 20 June
Wed 20 June
There is no clear definition of ‘locum’ for employment law purposes
Wed 20 June
Wed 20 June
Whatever the reasons for you receptionist's poor performance, you must tackle this
Fri 17 February
Fri 17 February
The answer is likely to be yes. Under the Equality Act 2010 the GP practice will discriminate against the patient if they treat him unfavourably because of something arising in consequence of the patient's disability
Wed 15 February
Wed 15 February
Extended periods of unpaid leave are termed career breaks. Some employers have Extended Leave or Careers Break policies and the most obvious starting point is to check whether your practice has one
Thu 1 December
Thu 1 December
The partnership agreement is effectively the contract under which a partner provides services to the partnership, and its terms are therefore as legally binding as any other contract, including those provisions regarding capital payments to outgoing partners
Tue 22 November
Tue 22 November
Whilst there are obvious benefits in incorporating a business as a limited company, not least the limitation of members' personal liability for the debts of the business, there are also a number of advantages of retaining a traditional partnership structure
Thu 8 September
Thu 8 September
The Records Management: NHS code of practice (Part 2) Annex D1 stipulates that “all types of records relating to children and young people” should be retained until the patient’s 25th birthday or 26th if the young person was 17 at conclusion of the treatment, or eight years after death
Tue 6 September
Tue 6 September
Employees can accrue and take statutory annual leave (5.6 weeks for a full-time employee) while on sick leave, regardless of whether they are receiving any income during this period or the duration of the sickness absence
Sat 3 September
Sat 3 September
If it is the case that the exclusion is intended to apply to all newly recruited cleaners from this point onwards, then in principle, there is no reason why you cannot exclude the new cleaner from the company sick pay scheme
Sat 11 June
Sat 11 June
The higher fee only applies to organisations with at least 250 employees. This is the case whether or not the organisation is a public body
Fri 3 June
Fri 3 June
Essentially, you can sell your interest in the building at whatever price you can commercially agree with both the incoming partner and the existing partners, subject to that price not including any payment in respect of goodwill
Thu 5 May
Thu 5 May
As a general rule when you enter into a contract you will be bound by its terms, even if you change your mind at a later date. However, the court can assist if you were led unwittingly into the contract, or if the terms you agreed were unreasonable or unfair
Fri 25 March
Fri 25 March
Commissioning consortia will be ‘contracting authorities’. This means that when they are considering entering into contracts for the provision of goods and services, they need toconsider whether there is a requirement to put the contract out to tender using one of the standard EU procurement procedures.

Ads by Google