LRD guides and handbook December 2016

Performance management and capability procedures - a guide for union reps and negotiators

Introduction

Introduction [pages 3-4] (316 words)

Punitive and dysfunctional performance management systems and capability processes top the workplace agenda for a growing number of union reps. Low ...
Open access

Chapter 1

1. Performance management – the challenge for union reps [ch 1: page 5] (235 words)

Many trade unionists in both the public and the private sector share the view of leading academic Professor Phil Taylor of the University of ...
Subscribers only

Context [ch 1: pages 5-10] (2,088 words)

Forced ranking or distribution [ch 1: pages 10-13] (1,479 words)

Line management bias and favouritism [ch 1: pages 13-14] (343 words)

Discrimination [ch 1: pages 14-15] (517 words)

Inappropriate measurement criteria [ch 1: pages 15-18] (1,322 words)

Cost and expense [ch 1: page 18] (157 words)

Psychological consequences [ch 1: pages 18-19] (509 words)

The European perspective [ch 1: pages 20-21] (464 words)

More information [ch 1: page 21] (152 words)

Chapter 2

2. Union campaigning in the civil service [ch 2: pages 22-23] (787 words)

This chapter looks at the main organising strategies used by civil service unions in their ongoing, very effective campaign against a punitive ...
Subscribers only

The civil service PM system – key elements [ch 2: pages 23-24] (244 words)

Union support for individual members [ch 2: page 24] (132 words)

Negative psychological impact of PM [ch 2: pages 24-26] (898 words)

Unlawful discrimination [ch 2: pages 26-27] (364 words)

National-level campaign tools and strategies [ch 2: page 27] (206 words)

Case study – Campaigning in the Home Office (HO) [ch 2: pages 27-29] (812 words)

Case study – The Valuation Office Agency pilot scheme [ch 2: pages 29-31] (971 words)

Strike action at the HM Revenue and Customs (HMRC) [ch 2: page31] (132 words)

Scotland [ch 2: page 32] (147 words)

Chapter 3

3. Performance management and pay in the teaching profession [ch 3: pages 33-36] (1,605 words)

This chapter looks at the impact of performance management and the linking of performance to pay in the teaching profession, and at union campaigning ...
Subscribers only

Discriminatory outcomes [ch 3: pages 36-38] (776 words)

Observation [ch 3: pages 38-39] (259 words)

Supporting individual members [ch 3: page 39] (259 words)

Union campaigning [ch 3: pages 39-40] (312 words)

Chapter 4

4. Higher education [ch 4: pages 41-43] (1,117 words)

In 2015-16, the Newcastle branch of the University and College Union (UCU) ran a successful campaign against a new performance management scheme to ...
Subscribers only

Chapter 5

5. Supporting members during the appraisal process [ch 5: pages 44-46] (1,154 words)

Earlier chapters of this booklet have focused on examples of collective action to campaign against punitive performance management (PM) systems. This ...
Subscribers only

Chapter 6

6. Supporting a member in a formal capability procedure based on “poor performance” [ch 6: page 47] (144 words)

Reps’ caseloads are increasingly taken up with assisting members who face a formal capability procedure for poor performance, and are threatened ...
Subscribers only

The legal basis for dismissal – capability (unsatisfactory performance) [ch 6: pages 47-49] (1,201 words)

Some other substantial reason [ch 6: pages 49-50] (163 words)

Hidden age discrimination [ch 6: pages 50-51] (375 words)

Dismissal linked to qualifications [ch 6: page 51] (333 words)

Identifying the reason for dismissal [ch 6: pages 51-52] (76 words)

The employer’s duty to act reasonably [ch 6: page 52] (676 words)

Duty to follow a fair procedure [ch 6: pages 52-54] (732 words)

The Acas Code of Practice – Discipline and Grievance [ch 6: pages 54-56] (803 words)

Appeal [ch 6: page 56] (64 words)

Expired warnings [ch 6: pages 56-57] (71 words)

The right to be accompanied [ch 6: pages 57-58] (541 words)

Requests to reschedule due to illness, stress or depression [ch 6: pages 58-59] (533 words)

Checklist: possible lines of argument in a formal disciplinary performance hearing [ch 6: pages 60-62] (944 words)

The statutory duty to make reasonable adjustments [ch 6: pages 62-66] (1,430 words)

Discrimination “arising” from disability [ch 6: page 66] (293 words)

Performance appraisal, pregnancy and maternity [ch 6: page 67] (257 words)

Chapter 7

7. Collectivising disputes over performance management [ch 7: pages 68-69] (621 words)

Punitive performance management (PM) systems are a major issue for union members. The challenge is how to collectivise this issue, so as to secure ...
Subscribers only

Consulting with members and non-members [ch 7: page 69] (205 words)

Collecting hard data [ch 7: pages 69-70] (146 words)

Using statutory information rights [ch 7: pages 70-71] (377 words)

Using the safety committee [ch 7: page 71] (284 words)

Using the Public Sector Equality Duty [ch 7: page 72] (185 words)

Freedom of information requests [ch 7: page 72] (67 words)

Campaign methods [ch 7: pages 72-73] (336 words)

Strategic litigation [ch 7: pages 73-75] (671 words)

Further information

Further information [pages 76-78] (818 words)

Copies of relevant laws and regulations can be obtained online at: www.legislation.gov.uk. ...
Subscribers only