Dealing effectively with difficult people issues

Learning Objectives

• To equip ourselves with the tools needed to manage performance

• To understand the range of leadership and management tools available

• Recognising the benefits of early intervention• Consideration of your leadership and

management style and approach in dealing with such issues

Trust Objective

To provide successful and effective delivery of services to patients by ensuring performance at work is maintained at a high level. To manage and resolve employee capability and capacity issues at work consistently, fairly and empathetically to balance the needs of both the individual and the needs of the service.

Performance Management• Supports the business strategy

• Is values based

• Enables employees to manage own performance

• Sets out expectations (clarifies roles and responsibilities)

• Creates partnership between

management and employee

Performance Management• Emphasises importance of measurement, feedback,

and reinforcement

• Empowers employees

• Getting work done through others

• Manager’s performance is only as good

as his/her employee’s performance

Our processes

- Personal Responsibility Framework Policy & Procedure

– Appraisal Policy (Individual Performance review) HR46– Managing Performance and Capability (HR21)– Disciplinary procedures (HR24 )– Medical Appraisal Framework (HR64)– Procedure for dealing with cases involving conduct,

capability and concerns about health for medical and dental staff (HR42)

Governing bodies – Maintaining High Professional Standards (MHPS)– Professional Codes of Conduct

What about talking:

• Could we resolve issues informally?

• When to step in?

• Who to talk to?

WHY Performance Manage

Achieve good level of Performance/Behavior Plan for Future (promotion, transfer, career development)

Facilitate Decision-Making Facilitate Human Resource Planning Create Culture Building Good Relationships Increase Organisational loyalty Think about impact on other staff

How shall we assess Performance?

Traditional - Annual Review (Appraisal)

Agreeing SMART Objectives linked to strategy

Management-by-Objective

Peer Review / Upward Feedback / 360 Degree

Incidents or by exception

Regular meetings (1-1)

Personal Development Plan

WHO Should Assess Performance

Managers or Supervisors

Clinical Supervisor

Peers

Self

Others

PROBLEM = Deviation from expectations

Do something in a different way

Not do something

Do something not expected/needed

CAUSAL ANALYSIS

Understanding the reasons why:

When problem began

What else has changed

PARETO’S LAW: Rule of 20/80

“80% of any problem is

caused by 20% of possible

causes.”

Contributing factors to poor performance

• Lack of motivation• Team Dynamics• Role boundaries/ clarity• Leadership style• Training/Induction• Conduct/Behaviour• Outside influences• Lack of understanding of

contract

• Disability• Health• Sickness Absence• Substance Misuse• Personal Circumstances• Stressors • Colleagues style• Lack of understanding of role

Personal ResponsibilityWhat is it?

• Individuals bringing forward concerns or issues in confidence that will be dealt with appropriately and without over-reaction or formal process

• Individually taking personal responsibility for demonstrating appropriate attitude/conduct or acts/omissions that impact on others

Personal Responsibility

• Move away from punitive blame culture

• Achieve a more constructive work environment

• Develop a supportive approach to changing

behaviour and practice

Personal ResponsibilityObjectives

• Dealing with matters quickly and informally• Develop Culture• Reduce Disciplinary Cases• Change Behaviours/Attitudes• Improve Staff Side Relationships• Empower Staff and Managers• Improve morale

Personal ResponsibilityRemedial Action/Support

• Specific training• Supervised practice• Staff support services• Mentoring• Research/project• Coaching• Relationship mediation• Reviewing policy/protocol• Local solution• Communication

Capability Policy & Procedure (HR 21)Informal

Managers should:-• Conduct regular appraisals• Ensure when performance issues are identified

immediate action is taken• Personal Responsibility Framework• Action Plan – Agree, Monitor and Review• Appropriate Referral to Occupational Health• Follow up, follow up• Communication

The Action PlanSupport Mechanisms

• Mentor / Buddy• Supervision• Training• 121 Coaching• Modifications/ Adjustments• Occupational Health

advice• Redeployment

What should go on anAction Plan?

• Area of development• Target for improvement• Timeframe• How it will be done?• By Whom?

Formal Capability• Gross Incompetence• Serious Performance Issues

Where the cause of poor performance is found

to be wilful negligence; misconduct or a continuation of concerns the Trust’s Disciplinary Policy will apply

Referral to Professional Bodies

• Clinical & Professional Staff are responsible for complying with relevant standards set by their professional regulatory body

• All referrals to be discussed with the Senior Management Team who will make decision whether to refer to their Professional Body

• Trust may take any action under Capability Policy regardless of and independent of the outcome of the referral

Formal Review Meeting• Inform the individual that their standard of performance

is unacceptable – give examples• Allow the individual an opportunity to identify reasons

for perceived poor performance.• Advise the individual of the standard of performance

required and how that will be measured.• Advise the individual of the timescale for improvement

(usually 4-8 weeks) and the consequences of failure to improve and maintain improvement.

• Identify any further support or training required to assist the individual in achieving the required standard of performance, e.g. supervision, mentoring etc.

The Formal Review Meeting

• Make it clear if the individual is being issued with a first or final written warning under the Capability Policy

• The manager will make it clear to the individual what the consequences are of not meeting the required standard in the agreed timescale for example this may result in dismissal.

• Review and amend Action Plan - monitor• Follow up letter within 10 days of meeting• Continuous review

Medical staffing • Appraisal• Revalidation - Good Medical Practice Framework• 360• GMC Code of Conduct • HR42 policy - Procedure for Dealing with cases

involving Conduct, Capability and Concerns about Health for Medical and Dental Staff

HR42 -Procedure for Dealing with cases involving Conduct, Capability and Concerns about Health for

Medical and Dental Staff

• Sets out the procedures to be followed in cases of conduct, capability or when handling concerns about a doctor’s health.

• Written in line with:– Restriction of Practice and Exclusion from Work

Directions 2003, – Maintaining High Professional Standards in the Modern

NHS (revised February 2005)– Trust disciplinary procedure.

Support from Human Resources

• Coaching• Advice on policy interpretation• Provision of Template Letters & Resource Pack to

Guide Managers• Quality checking complex letters • Involvement in meetings• Advising on options and assessing risk• Assisting with the case presentation

Records

• Where held and kept

• Release of documents and information

• Keeping notes/records

Remember it’s good to talk