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1. Management of poor performance, disciplinary, grievance and health related absence meetings Digital book storyboard Prepared by Hemsley Fraser for EDF Energy
2. Introduction Opening words and positioning by Chief People Officer.
3. CONTENTS Process guides How To guides Poor performance Disciplinary Grievance Health related absence Preparing for and opening a meeting Language Body Language Providing feedback Receiving feedback Challenge constructively Unconscious bias Professionalism Questions Closing a meeting What not to say Listening Tone of voice
4. Preparing for and opening a meeting The purpose of policy related meetings at work is to ensure that appropriate steps are taken to deal with areas of concern or breaches of organisational rules and regulations. Whenever you are conducting a meeting regarding poor performance, sickness absence, a disciplinary matter or a grievance, it’s important for you to consider how you will prepare for, conduct and conclude these meetings. A well planned and effective meeting will: • Establish the relevant facts • Examine all aspects of the issue • Hear the different perspectives • Generate an appropriate plan of action Preparing for the meeting Just as with any work activity, the better prepared you are for these meetings the better the results you can expect. Think: • What information do you want to find out? • What outcome do you want to reach? • What tone will you need to set, and how? Do: • Review and complete any actions agreed in advance • Secure an appropriate venue - in private and away from potential interruptions and distractions • Prepare some specific questions to ask • Take all appropriate documentation into the meeting
5. Opening the meeting Think about… How would you open a Stage A meeting differently to a Stage D? What tone would you want to set in terms of formality and approach? How, specifically, would you do this? As the manager, the approach and direction of the meeting will need to be positively led by you. All attendees should be clear on the agenda, the timings, the various roles, and the intended outcome. Welcome and introductions • Introduce everyone and their role in the meeting • Remind the employee of their right to representation, if applicable • Explain which process you are following and the stage you are at • Confirm with the employee that they understand the reason for the hearing Explain that the purpose of the meeting is to: • Check that all the information and documentation is correct and up to date • Allow the employee to respond to formal questions about the situation • Allow the employee to share any mitigating circumstances that are relevant to the case • Decide whether and what action is to be taken • Agree an action plan and next steps
6. Questioning The purpose of asking questions is to ascertain the full facts of the case and allow the employee a fair opportunity to describe his or her side of events, explain his or her conduct and state any mitigating factors. Careful consideration should be given to the type of questions asked during these meetings. Effective questioning will ensure that: • The employee does not feel like they are being interrogated • All the facts, background and circumstances are disclosed • Everyone fully understands the events leading up to the meeting • An appropriate conclusion can be reached Closed Closed questions invite a short answer which is limited to providing or confirming a fact. They can be used effectively either early in a conversation to encourage participation, or to bring a conversation to conclusion. “Does that describe what happened?”, “Do you agree with that approach?”, “Is that everything?” Open These questions often begin with: what, when, where, how and who. Open questions are used to elicit detailed information and to probe and delve deeper into thoughts, feelings and opinions. Open questions can also begin with: describe, explain, tell. These openings encourage people to be more expansive and expressive in their answer. “What are your thoughts on the proposed action plan?”, “Tell me about the challenges you might face”, “How do you feel about the situation?” Types of Question to use
7. Types of Question to use Funnel Funnel questions are used to find out more specific information about a topic, or to increase the confidence or interest of the person you are speaking to. You can either: a) Start with a closed question to establish the basic facts, and then open up the questioning to expand on the answer. “When did this happen?” - “How did it start?” - “Tell me more…” b) Or; start with a broad open question and gradually ask for more and more detail in order to home in on a specific point. “How are you feeling at the moment?” - “What are the exact symptoms?” - “Is this affecting your ability to work?” Reflective This is a very effective way of demonstrating that you have been listening and encouraging expansion. Repeat back something the employee has said that you wish to know more about, but rephrase it as a question. “So you’re feeling stressed at the moment?”, “You say she over-reacted - how?”, “You used the work ‘we’ – who else was involved?” Extension Extension questions are designed to seek more knowledge or understanding related to a previous answer. This is particularly useful when you require more substantial information than is currently being given. “Tell me more about…”, “What exactly did you do…”, “…and then?”…”What happened?”…”Go on…”, “…and? … Test understanding This is a simple technique that allows the employee to correct or clear up any confusion or misinterpretation. It also helps to ensure mutual understanding. “Can I clarify that I’ve understood you correctly?”, “Just to confirm my understanding?”, “When you said… can you confirm what you meant by that?”
8. Why Questions that begin with the word “why” rarely give you anything in return other than defensiveness or excuses, and the answer is often nothing more than “I don’t know”. Essentially, you’re asking someone to defend their position or actions, rather than discussing what’s important to them about the positions and actions. “Why couldn’t you get to work on time?”, “Why didn’t you hit your target this month?” Leading Leading questions reveal the answers you are looking for in the format of a question, so they clearly prompt the other person to respond in a particular way. These questions limit the creativity and ability of employees to come up with their own solutions or share their own views. “Don’t you think it would be better if…”?, “Couldn’t you just…”? Types of Question to avoid Multiple If you are feeling flustered or nervous you may find yourself asking several questions in one go, leaving the other person unsure of which one they should be answering. “So tell me what happened, did you or the other person start the argument, how did it come about, was anyone else involved?”
9. Questioning exercise Rephrase the following poor questions into great ones. Question Suggested answer 1. Do you really think that was the best way to handle that situation? How do you feel you handled that situation? 2. Why haven’t you met your objectives? How do you feel you have performed against your objectives? 3. What did you find hardest and why was it so hard – do you think there was a different approach you should have taken? Describe the hardest part of that situation for you. 4. Don’t you think that your work could be more accurate? What areas of your work do you feel require improvement? 5. Why haven’t you asked for any help? What sort of help do you need to improve your performance? 6. It seems like you’re just really demotivated at the moment, or is there something else going on? Tell me how you’re feeling about work at the moment.
10. What not to say Here are some of the areas of conversation to avoid during the meeting. Personal blame: Don’t be too quick to assign blame for anything, listen to the full explanation first before making a judgement. Lack of evidence: Ensure that for every accusation you are making you have some kind of evidence to back it up, or at least specific and detailed examples. This includes hearsay. Familiarity: You may well have an existing relationship with the employee, but during the meeting it’s important to create some professional distance and avoid being too informal or familiar. Irrelevant issues: Focus only on the issue that’s on the agenda, do not make reference to past problems or other unrelated matters. Making assumptions: Asking lots of open questions well help to avoid jumping to conclusions too early or making assumptions based on incomplete information. Comparison: Avoid referring to any other individual who is not directly involved in the situation, particularly if it’s to compare their behaviour or performance with the employee in front of you. Making threats: You should aim to make the employee feel safe and comfortable so that they will be open and honest - making threats about further action or potential dismissal will not achieve this. Prejudging the outcome: Never suggest or infer what the outcome of the meeting might be until it has been concluded. Lowering self esteem: You should aim to maintain the employee’s self esteem throughout and demonstrate that you have confidence in their ability to improve in the future. Unrealistic expectations: When deciding on an action plan at the end of the meeting, ensure that any objectives or targets you set are achievable and in line with what you would expect from others.
11. What not to say exercise Say whether you think the following phrases would be OK to say during a policy meeting, or not OK, and why. Statement or question OK / not OK 1. It’s all right mate, don’t worry, I’m sure we can get this all sorted out in no time. Not OK – Familiarity 2. We’re now at Stage C in the process, so we really need to make sure that we don’t end up at a point it will be difficult to return from. OK 3. Let’s not forget that other incident that happened last year…. I can’t remember exactly what happened but I’m sure it was very similar to this. Not OK – Irrelevant issues 4. I’m sure that with the right help and support you can really turn things around. OK 5. Why don’t you see if Brenda can help you, she’s much better at getting these reports right. Not OK – Comparison 6. If this happens again there’s a very real chance we might have to let you go. Not OK 7. These are the targets I’d like to set you for the next three months, what do you think? OK 8. From what I remember, you’ve been late at least three more times since we last spoke about this. Not OK – Lack of evidence
12. Listening Three Levels of Listening • Level 1: Internal listening When you engage in internal listening you are having simultaneous conversations with yourself whilst the other person is talking. If you are only listening at Level 1, this could negatively impact your relationship. • Level 2: Focused Listening Focused listening involves keeping an intense focus on the other person. This means not only taking in their words but also paying attention to their expressions, emotions, values, and what they are not saying. You only formulate your response once the other person has finished speaking. • Level 3: Whole Body Listening Whole body listening also revolves around the other person and is much more in-depth. Observe their body language and learn to use your intuition. This type of listening will have the greatest impact during your conversations. By listening actively and showing interest in what the other person has to say, you will make them feel valued and build trust and rapport between you. But what do we mean by active listening? We think we are good listeners but true listening is a skill that needs to be practiced. Often, the reason that we do not listen properly is because we use listening blocks. There are twelve listening blocks and everybody will use some of them at various times. Click below to give yourself an honest assessment of the listening blocks you might find yourself using. Listening Skills Self-Assessment Once you have identified the listening blocks you frequently use, you have the awareness to stop them. Try to catch yourself using them during a conversation and then say to yourself ‘Stop and Listen’. You will be surprised how effective this simple technique can be. ASK YOURSELF: Am I really listening, or just waiting to speak?
13. Active Listening Top Tips 6. Reduce environmental distractions • Choose a venue where you are unlikely to be interrupted or distracted by background activity • Make sure the room isn’t too hot or too cold and has appropriate lighting • Before the meeting starts, take a toilet break and have a quick snack • Have some water available in the room • Leave your phone at your desk
14. Tone of voice It’s not just what you say, or don’t say - it’s how you say it. When we speak, other people “read” our voices in addition to listening to our words. Things they pay attention to include your timing and pace, how loud you speak, your tone and inflection, and sounds that convey understanding, such as “ahh” and “uh-huh.” Think about how someone's tone of voice can indicate sarcasm, anger, affection, confidence and a whole range of other emotions and intentions. The Four Ps Pitch A lot can be detected about someone’s mood by the pitch of their voice. Naturally we do not speak on one level alone - the voice slides up and down the scale as we express various shades of thought and feeling. For example; an upward inflection at the end of sentence usually expresses a question or an uncompleted thought, and a downward inflection expresses a completed thought or instruction. Projection This is the volume at which you are speaking. Raised volume usually indicates raised emotion, and can seem aggressive or overbearing. Think about the size of the room and the number of people in it – you want everyone to hear you clearly, but not to feel dominated or overshadowed. Pace Some people are naturally fast or slow speakers, but pace of talking may also demonstrate an emotional state. An excited or elated mood is reflected in a quicker rate of delivery. A more serious or dejected frame of mind will be expressed in a slower delivery. Pausing Don’t feel that you need to immediately fill any gaps in conversation - it’s actually a good idea to consciously pause after someone has spoken and before you respond. This gives you time to gather your thoughts and control your reaction. Pausing before making a key point can also add impact and emphasis. Did you know? Research suggests that up to 38% of your message is inferred from the tone of your voice.
15. Language For example: Instead of “I want…” Say “I would like…” Instead of “I want to know…” Say “Can you tell me…” Instead of “Go through what happened” Say “Could you just go through what happened” Instead of “I don’t agree” Say “I’m afraid I can’t agree” Instead of “We don’t have a choice…” Say “I don’t think there is any choice…” Instead of “You need to…” Say “Let’s….” Instead of “You’ve got it wrong” Say “I don’t think you’ve quite understood” Instead of “Don’t get angry…” Say “Let’s try to keep things calm….” The language you use can make or break a conversation. It can motivate and inspire, or de-motivate and disparage. The choice of words you use can sometimes trigger unexpected reactions and results. Your language should therefore be: • Professional • Positive • Polite • Business-like • Future focused Take care to avoid any language that is: • Offensive • Provocative • Confrontational • Judgemental
16. A few reframing techniques: • Reflecting some words and ignoring others • Focusing on the facts and removing the emotion • Encouraging self reflection rather than blaming others • Reformulating negative words into a more positive format • Suggesting a different way of looking at something • Shifting the focus from past to future • Using questions to challenge negativity and explore alternatives Reframing is used to turn a negative thought into a positive outcome, effectively saying: “Let’s look at this another way” By using the right language, you can reframe: • A problem as an opportunity • A weakness as a strength • An impossibility as a distant possibility • A distant possibility as a near possibility • Oppression ('against me') as neutral ('doesn't care about me') • Unkindness as lack of understanding They say: “That noisy bunch in the corner make so much noise that I can’t get anything done and that’s why I haven’t been performing!’ You say: “So what I am hearing is that you need more quiet to be able to get on with your work’. Positive language and reframing
17. Reflect, reframe and rephrase examples They say… You say….. There’s no way it can be done in time You say it can’t be done in time, but what if we….? I just wish she would listen to me So it’s important to you that she listens to you more? That’s a stupid idea It may seem stupid right now, but it might also be stupid not to consider all the options You’re just doing away with all the old ways of working It’s not so much doing away with the old ways as adapting to the present and looking to the future I don’t think there’s anything I can do about it What one small thing could you do that might help? It drives me crazy when that happens That seems to have upset you….. But I’ve never been good with figures What could we do to make you feel more confident? Carol is so unreliable, she never gets the information to me early enough So it would help if you received the information a bit earlier?
18. Body Language You have probably heard many times that people remember more of what they see than what they hear. Long after a meeting, we are likely to have forgotten the exact words someone used, but we may retain a vivid image of their facial expression when they said it. Words can be misleading – either deliberately or unconsciously – and for various reasons people may make omissions during conversations. Body language tends to be more honest. When a person's words and body language are consistent, we believe that person. When their words and body language say different things, we tend to believe the body language and doubt the words. Did you know? Research suggests that up to 55% of your message is inferred from your body language. Observing Body Language From the moment you greet the employee, observe their body language. They may appear reserved or nervous at first, as they may not be ready to trust you or the situation yet. As the meeting progresses, their body language should become more open and more revealing of how they are responding. Pay particular attention to any changes in body language, both positive and negative. Positive movements show that you are on the right track and should keep going in the direction you’re headed. Negative gestures mean that you and they are beginning to diverge, so you may need to stop the track you are on and try to get back in synch. Questioning is usually a good way to go about this. Ask questions to: • Uncover the basis for perceived discomfort or disagreement • Shift the conversation back to their feelings or opinions if they seem disengaged • Allow them to express any stifled feelings
19. Positive Body Language Relaxed posture - Comfortably seated, relaxed breathing, no visible stiffness or abrupt movements Arms relaxed - Uncrossed arms and hands open - palms up or otherwise visible Good eye contact - Looking in the other person's eyes and looking away occasionally to avoid staring. Nodding agreement – Using nods to punctuate key points being made. Leaning closer - Reducing the distance between two people, particularly when the other person is speaking. Gesturing warmly - Talking with the hands, particularly with palms open. Body tense - Stiffness, wrinkled brow, jerky body motion, and hands clasped in front or palms down on the table Limbs folded in front – Arms or legs creating a physical barrier. Fidgeting - Moving around a lot, playing with things and drumming fingers Distraction - Eyes flicking about, blank stares, flipping through literature without really reading it, looking away from the face Leaning away - Avoiding moving closer and exaggerating the physical distance Negative facial expressions - These include shaking head, eyes narrowed, scowling, frowning Negative Body Language
20. Mirroring Our body language is usually an unconscious indicator of our engagement or interest in a conversation. However you can consciously use your own body language to build trust and understanding in a potential tense situation. People tend to like people who are like themselves. So by mirroring the body language of the person we are communicating with we can make ourselves more like them, and thus generate rapport at an unconscious level. You can mirror the other person’s: Posture – how are they sitting? Are they leaning back or forward? How are their arms and legs posed? Are they relaxed or tense? How is their head tilted? Gestures – are they gesturing with their hands in a particular way? Are they nodding their head? How small or large are their gestures? Facial expressions – are they smiling? Is their brow wrinkled? Are their eyebrows raised? REMEMBER: If the other person becomes aware that you are actively using mirroring, it is highly likely that their trust and responsiveness will be lost. It is best to mirror the most unconscious elements of their behaviour, and to do it subtly and respectfully. To mirror another person, simply select the behaviour or gesture you wish to mirror, and then do that behaviour. If you choose to mirror head tilt, when the person moves their head, wait a few moments, then move yours to the same angle. The effect should be as though the other person is looking in a mirror.
21. Providing constructive feedback Giving feedback about performance or conduct is likely to be an important component of the meeting. Using a simple structure can help you to become more confident when giving feedback: Behaviour • Be as specific as possible, using examples, so that there is no room for misunderstanding or denial of the behaviour. • Explain what you yourself have observed, rather than offering second-hand accounts gained from others. • Own the feedback, using ‘I’ rather than ‘you’ or ‘we’ or ‘the other members of the team…’ • Avoid personal character judgements which may offend the recipient and put them on the defensive. Outcomes • Describe any business related and quantifiable outcomes: ‘as a result of this, deadlines are being missed’ • Describe the impact on the individual themselves: ‘this is affecting the way that clients engage with you’ • Describe the impact on colleagues: ‘others are now having to spend extra time checking for mistakes’ • You can also ask the individual to think about what they think the impact of their behaviour might be, rather than simply telling them.
22. Feelings • Briefly state the emotional impact of their behaviour on you or on others. • Avoid blaming or guilt tripping the individual: ‘that’s just not fair on them…’ • Depending on the type of behaviour that’s being addressed, this step may or may not need to be included. Future • Be specific about what you expect them to do differently in future • Ensure that they have the support, resources, motivation and skills to achieve the desired change. • Allow the individual to have input into this discussion to ensure that they are fully committed. Great feedback: Poor feedback: Describes behaviour Describes personality Is specific Is general Is owned by the giver Is given on behalf of someone else Uses ‘you should’ Uses ‘how else could you?’ Separates person from behaviour Aligns attitude and personality with behaviour Is constructive Is disparaging Focuses on future Focuses on past Uses examples Uses judgement REMEMBER: There is no such thing as negative feedback! All feedback should have a positive intent and a positive outcome.
23. Receiving feedback You can use the BOFF structure when receiving feedback as well as when giving it. Behaviour Ask for specific examples and ask clarifying questions to ensure that you fully understand. Outcomes Ask them to explain the outcomes and impact of your behaviour to you and why it is problematic. Feelings Ask them how your behaviour makes them feel; also say how it makes you feel to hear this feedback Future Discuss and agree how you can change things for the better. Demonstrate that you are fully committed to change and say what you intend to do as a result of the discussion. Then do it! During the meeting you may receive feedback from the employee. The ability to receive feedback well is just as important as being able to give it. Continuous improvement relies on the ability not only to receive feedback graciously, but to take action and do something to change for the better. When receiving feedback, whatever your reaction might be, try and focus each conversation on how the feedback will help you be better at your job. Some Golden Rules: • Listen, don’t interrupt • Evaluate the feedback before responding • Ask questions if the feedback isn’t clear • Don’t try and justify your position or be defensive • Explore the reason why this feedback is being given, why its important and to whom • Thank the person (even if you don’t agree with them). It takes courage to deliver feedback!
24. Challenge effectively and constructively If you disagree with what the employee is saying and wish to challenge them on it, these simple steps will help: 1. Say that you disagree 2. Suggest an alternative perspective 3. Ask them questions to challenge their thinking You may not need to go through all three steps, often the first one or two will result in acceptance. 1. First of all, be clear that you do not agree with them – say so briefly and simply, and explain why. By giving some sound reasons, backed up with facts the other person will start to become receptive to your argument. 2. Next you can propose a different solution or suggest alternative ideas. They may not have thought about the situation from any perspective other than their own. They may also not be in possession of all the facts, or have considered the benefits of alternative approaches. 3. Asking questions effectively makes the other person think through a response and may expose some implications or consequences that they hadn’t considered. Some specific techniques to challenge effectively and constructively: Empathy: Demonstrating that you understand their point of view, even if you don’t agree with it, before stating your own. ‘I realise / I understand / I can appreciate…….’ Fogging: Finding some limited truth or small areas of common ground. ‘Yes I agree in part / in principle, but………’ Broken record: Repeating your point over again, without raising your voice, becoming angry, irritated, or defensive. ‘To repeat what I said / let me say again….’
25. Handling Emotional Reactions This is a stage of the meeting where emotions might be running high – it’s vital that you stay calm and composed in order to challenge constructively and move forward to a positive outcome. Stay in control of your own emotions by: • Slowing down and focusing on your breathing • Being aware of your posture and facial expressions • Not reacting too quickly to what’s been said • Putting yourself in the other person’s shoes • Accepting that this is a difficult situation for everyone involved • Maintaining your focus on the outcome of the meeting If necessary, suggest that you take a break from the meeting so that you and the employee can compose yourselves. Reconvene when you’re both ready to move forward.
26. Unconscious bias Our biases are influenced by our background, cultural environment and personal experiences. We may not be aware of these views and opinions, or be aware of their full impact and implications. We all hold natural biases; it’s a part of human nature. But this means that we can sometimes behave towards a person in a certain way that is based on that bias - overriding rational decisions and logical thinking. Unconscious bias is more likely to come into play when we are: • Stressed • Anxious • Frustrated • Angry As humans we often make instinctive decisions about other people. Decisions which feel right at the time - and often these ‘snap’ decisions will be right. We think that we have assessed the pros and cons, considered alternatives, and weighed the possible outcomes before making that decision. But: • What if the people decisions we’re making aren’t really based on the facts? • What if we’re being influenced by hidden thoughts and feelings we are not aware of? Unconscious bias happens when our brains make lightning- quick judgments and assessments of people and situations without us even realising.
27. Overcoming unconscious bias • Accept that you (and everyone else) have biases. • When you find yourself forming an opinion quite quickly, stop and consider if you are basing that opinion on the facts. • Be honest about all of your biases - try not to simply acknowledge your more socially acceptable biases • Make the effort to learn more about people - unconscious bias operates most when a lack of information exists • Be aware that jokes or stories may have a negative effect on the feelings and behaviours of some people • Always ask yourself if there is objective data to support your decisions • Look out for and diminish early signs of bias when you are meeting with someone from a different social, cultural or religious background to yourself ASK YOURSELF: Am I acting on facts, or on feelings?
28. Professionalism Being professional and business-like is essential to achieving a successful outcome from a policy meeting. Here are some top tips: • Don’t be afraid to ask for help if you’re unsure of how to approach the situation or are feeling anxious • Make sure you arrive on time and prepare for the meeting ahead of time • If everyone doesn't know one another in the meeting room, make clear introductions • Set the tone from the start – formal and serious, but based on openness and trust • Create some professional distance and don’t be over familiar, even if you have an existing relationship with the employee • Do not interrupt when the employee is speaking, wait for an appropriate time to interject • Be mindful of your unconscious biases. Refrain from making judgements • Remember you are always working towards a solution, so don’t focus too much on the past and blame for what has already happened. • If there is anything you are unsure of always seek guidance from HR, it is important to follow HR processes correctly • Confidentiality is vital during any process, so do not discuss the situation with anyone who is not directly involved
29. Closing the meeting Action Planning Where appropriate, this should be a two-way process - allow the individual to have input into the action planning discussion to ensure that they are fully committed. Action plans which are mutually agreed have a far greater probability of being implemented than those that have been imposed. Good questions to ask include: • How do you feel about what we’ve discussed today? • Is there anything you want to add before we conclude the discussion? • What do you see as the way forward? • What can you do to help resolve this issue? • How can I help you to resolve this issue? • Is there anything that’s preventing things from improving? • What else would make a real difference to this situation? • What might prevent us from moving forward in the way we’ve agreed? The closing of the meeting should be as positive as possible. 1. Summarise the main points of the discussion and ensure nothing has been missed. 2. Check that everyone has understood and agreed with the key points discussed. 3. Ensure that any actions agreed throughout the meeting have been agreed by all parties and recorded in writing. 4. Ask the employee if they have anything further to say. 5. Ensure all parties, in particular the employee, know what the next steps are. 6. Agree an action plan for improvement and to avoid further action being taken. 7. Express your confidence that the situation can be resolved to the benefit of all concerned Ensure the notes from the meeting are typed clearly. This should be sent promptly to Employee Services.
30. Final thoughts A reminder: Before you have the meeting: • Review information on the situation and the person’s circumstances • Have a clear goal and outcome in mind • Prepare how you will deliver the key message or feedback, and rehearse it • Have some key facts, data and supporting information ready • Prepare some questions to ensure that you get the full picture • Consider and prepare for any questions you think they may have Points for you to consider afterwards: • Did you achieve your goal? • Did the employee do most of the talking? • Did you adopt a questioning approach as opposed to telling? • Did you role model adult and professional behaviour? • Did you control your own emotional reactions? • Did you use active listening and listen effectively? • Did you use a positive and constructive approach as opposed to criticising? • Were you influenced by unconscious biases? • Are you happy with the outcome? • Did the employee leave the meeting feeling positive about the future?