Managing performance during pregnancy
If performance is managed properly, pregnancy should make very little difference to the way in which performance is addressed.
- An employer may take action in relation to the poor performance of a pregnant employee, including disciplinary proceedings.
- An employer must not subject an employee to a disadvantage or dismiss her on the grounds of her pregnancy.
- It is a good idea to deal with performance issues when they arise. Effective use of appraisals, as well as informal and formal performance management procedures can assist with this.
- General performance monitoring throughout employment can assist with identifying whether poor performance is pregnancy-related
- Employers must ensure that they follow any applicable statutory dispute resolution procedure when dealing with disciplinary issues or an employee’s poor performance. It is compulsory to have in place grievance and disciplinary (including poor performance) procedures. These must comply with statutory requirements.
- It is a good idea to prepare a policy on performance management which outlines the formal processes for monitoring performance and addressing poor performance.
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What conduct can’t an employer take into account?
An employer must not subject an employee to a disadvantage or dismiss her for a reason relating to her pregnancy. As a general rule, an employer must not take into account:
When taking disciplinary action in relation to an employee. However, with any form of misconduct or poor performance, it is important that an employer satisfies itself as to whether conduct or poor performance is pregnancy-related. For example, an employee’s otherwise unacceptable level of absence from work may be attributable to sickness during the early stages of her pregnancy. If this is the case, the absence would be pregnancy-related and should not be taken into account for disciplinary purposes. See our adviser section for more info.
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How to minimise performance problems during pregnancy
An employer who manages performance effectively prior to pregnancy is less likely to face performance problems during pregnancy.
It is a good idea for employers to develop a policy on performance management which outlines the formal processes for monitoring performance and addressing poor performance.
It is a good idea for employers to deal with performance issues as they arise. Effective use of appraisals as well as informal and formal procedures can assist with this.
It is also a good idea for employers to discuss with the employee her rights and entitlements during pregnancy. This can help avoid confusion. For example, it is useful for an employee to know the amount of time she can take off to attend an antenatal appointment.
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How to establish whether performance issues are pregnancy-related
General performance monitoring throughout employment can assist with identifying whether or not poor performance is pregnancy-related.
A thorough risk assessment for a pregnant worker should assist the employer to identify what practical support the employee needs to assist her to do her job as effectively as possible.
It is a good idea to address any performance issues as they arise, including any that arise during pregnancy. This provides an opportunity to address any practical problems which might be affecting the employee’s ability to do her job effectively.
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