Managing poor performance Clause Samples
Managing poor performance. 7.3.1. Freeport delivery will be managed through the processes set out in the Freeports Framework. Should an issue arise, DLUHC will first attempt to resolve it in collaboration with the Governing Body and if applicable the Accountable Body. For persistent issues which are recorded at the annual review or are the result of other assurance activities DLUHC will seek to agree a tailored improvement plan with the Governing Body and the Accountable Body as outlined in the Freeports Framework.
7.3.2. DLUHC’s support for the Freeport is contingent on compliance with this MoU, Appendixes’, and Schedules. DLUHC support of the Freeport may be withdrawn where there are significant concerns with the Freeport, for example including but not limited to the following scenarios where there is:
a) Consistently poor progress against agreed delivery commitments and/ or limited commitment to full and effective Freeport delivery;
b) Evidence of the misuse of public funds;
c) An inability to manage the governance of potential security risks and illicit activity associated with the Freeport;
d) Non-compliance with commitments on retained business rates and/or tax site delivery;
e) Failure to comply with the minimum requirements of a Freeport (for example, failing to establish an operational customs site), as set out in HMG Freeports policy documentation;
f) Activity or negligence leading to the risk of exposure to the wider Freeports Programme to reputational risk (for example, through failures of governance).
7.3.3. The Governing Body, Accountable Body and Billing Authorities accept and agree to all the terms having made full and proper enquiry before agreeing to the statements contained in this MoU.
7.3.4. DLUHC will not resort to performance measures as a first response to address concerns relating to Freeport delivery, except in the high-risk areas of continued concern. Where appropriate, HMG will consider:
a) Engagement with relevant government officials (for example, additional bespoke meeting to understand and rectify problems)
b) Increased frequency and/or depth of assurance testing
c) Delay or reduction of Seed Capital funding and/ or revenue capacity funding: to ensure probity of public funds, funding may be partially or fully withheld until improvements in the Freeport are made. The specific amount and type of funding withheld will depend on the circumstances of the Freeport and the specific concerns which need to be addressed. As part of this process, consideration w...
Managing poor performance. 34.1 Without prejudice to the Council’s other rights and remedies under this Agreement, if, at any time the Council acting reasonably determines that the Trust has materially failed to perform any of its obligations under this Agreement, the Council shall give written notice of such breach to the Trust.
34.2 Within ten (10) Business Days of the receipt of a notice given under Clause 34.1 above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice (“Action Plan”).
34.3 An Action Plan shall specify a timetable for remedying each of the breaches complained of;
34.4 Within twenty (20) Business Days of its receipt of an Action Plan the Council may approve all or part of the plan. The Council shall notify the Trust of any part of the Action Plan which it does not approve. Within ten (10) Business Days of such notification, the Trust shall revise the Action Plan and re-submit to the Action Plan for approval by the Council. The Council shall approve the revised Action Plan within ten (10) Business Days of receipt or, in default of such approval of all or any part, the Dispute Resolution Procedure shall apply.
34.5 Following the approval or determination of an Action Plan under Clause 34.4 if, at the next Quarterly Review Meeting or relevant monthly meeting, the breaches specified in the notice issued under Clause 34.1 have not been remedied by the Trust to the Council’s satisfaction acting reasonably in the time period permitted by the Action Plan such that the Services in accordance with this Agreement, the Council may:
34.5.1 agree to an extended period for the Action Plan and/or to any other amendments to the same;
34.5.2 exercise its rights to step in pursuant to Clause 35; or
34.5.3 terminate all or part of this Agreement in accordance with Clause 38.
34.6 Without prejudice to the Council’s right to terminate in the circumstances detailed in Part 11 below, in the event that the Trust is in material breach of the Agreement or persistent failure to achieve required KPIs then the Trust will be required to implement an action plan to take urgent remedial action. This will be monitored by the Council. Failure to remedy may lead to termination. The Council reserves the right to make financial deductions in relation to material or persistent breaches by the Trust.
34.7 If the breaches specified in the notice issued under Clause 34.1 have been remedied by the Trust to the Council’s satisfacti...
Managing poor performance. 14.2.1. Where the Contracting Authority identifies poor performance (3 consecutive agreed failures in any rolling 2-month period against agreed service delivery and SLAs, the Supplier shall be required to attend a performance review meeting to understand the issues and how to rectify them. The performance review meeting shall be at an agreed time no later than 5 working days from the date of notification. This may take place virtually or at the Contracting Authority’s premises.
14.2.2. The Supplier shall be required to provide a full incident report which describes the issues and identifies the causes. The Supplier will also be required to prepare a full and robust ‘Service Improvement Action Plan’ which sets out its proposals to remedy the service failure. The Service Improvement Plan will be subject to amendment following a performance review meeting and will be agreed by both parties prior to implementation. however, it will remain the Supplier’s responsibility to resolve any/all service failure issues to ensure the service is delivered against the agreed milestones.
Managing poor performance. If at any time, poor performance is identified, the supervisor and the employee are to work together through performance counselling, guidance and regular feedback to bring performance back to the standard expected. Where despite such efforts performance continues to fall below the standard expected a formal performance assessment process will commence. This will be managed under Defence’s managing poor performance procedures and includes the requirement to formally notify the employee in writing of the following:
Managing poor performance. 24.1 It is agreed that when issues relating to poor performance do arise, they will be addressed promptly and fairly, irrespective of the point in the performance period that has been reached.
24.2 AFSA will support the management of employees who are not performing to the required standard in accordance with the following principles: • applying natural justice principles and giving employees an opportunity to respond to concerns about their performance; • applying transparent processes to ensure procedural fairness; • maintaining open, honest and two way communication at all times; and • taking individual circumstances into account, including relevant health issues.
24.3 At any stage during the management of underperformance an employee or manager may choose to be accompanied and/or represented by a person of their choice. Where either person chooses to be accompanied in a meeting, they will ensure the other party is informed of this decision within a reasonable time prior to that meeting.
24.4 Further information is available in the AFSA Performance Management Framework.
Managing poor performance. 6.1. Identification and management of poor performance will be assisted by ITSA’s Performance Feedback Scheme outlined in clause 3. It is agreed that when issues relating to poor performance do arise, they will be addressed promptly and fairly, irrespective of the point in the appraisal cycle that has been reached.
6.2. Where performance consistently falls below the expected standard, despite attempts to improve performance through feedback and other measures, an employee will be issued with a formal warning and advice of commencement of an assessment period. The advice will set out: • details of the required standards for the duties the employee has been assigned and how the employee has failed to meet those standards; • details of how the employee’s performance will be assessed; and • the possible consequences if the employee has not attained and sustained the required standards by the end of the assessment period.
6.3. A person nominated by the Chief Executive will then conduct a fair and impartial assessment of the employee's work performance over an agreed period of time (this should normally be not less than one month and not longer than 3 months). The employee will receive written advice of the duration of the assessment.
6.4. Taking into account any issues raised by the employee, or manager, the Chief Executive may also nominate a second person from outside the immediate work area to assist with the assessment.
6.5. The employee will be provided with feedback on his or her performance during the assessment period.
6.6. At the end of the assessment period, if the employee's work performance is assessed as meeting the required standard, the assessor will report this finding to the Chief Executive. If the Chief Executive agrees with the finding, the employee will be advised of this and no further action need be taken under these provisions.
6.7. If the employee is assessed as not having met the required standard, the assessor will report this finding to the Chief Executive. The Chief Executive will advise the employee of the finding and of the action that he or she proposes to take, which may include one or more of the following: • termination of employment; • reduction in classification; • reassignment of duties; or • some other appropriate action.
6.8. The employee will be given 14 days from the receipt of the advice to respond to the findings and the action proposed by the Chief Executive.
6.9. The Chief Executive, having taken into account the ass...
Managing poor performance. 37.1 Without prejudice to the Council’s other rights and remedies under this Agreement, if, at any time the Council acting reasonably determines that the Trust has materially failed to perform any of its obligations under this Agreement, the Council shall give written notice of such breach to the Trust.
37.2 Within ten (10) Business Days of the receipt of a notice given under Clause 37.1 above, the Trust shall prepare and submit to the Council for its approval an action plan to remedy the breaches specified in the notice (“Action Plan”).
37.3 An Action Plan shall specify a timetable for remedying each of the breaches complained of;
37.4 Within twenty (20) Business Days of its receipt of an Action Plan the Council may approve all or part of the plan. The Council shall notify the Trust of any part of the Action Plan which it does not approve. Within ten (10) Business Days of such notification, the Trust shall revise the Action Plan and re-submit to the Action Plan for approval by the Council. The Council shall approve the revised Action Plan within ten