To think it's NBU to make a brief note of health concerns / GP involvement?

[GarbageSupervixen]

NC for this.

I had to raise a few performance issues recently with a member of my team. All informal at this stage but wanted to check there's nothing underlying, and needed to see what support they might need to bring their work up to scratch. Some of the mistakes they have made have had or will potentially have an impact e.g. stuffing up arranging a meeting so that a colleague had a wasted trip of over an hour plus there was a non-refundable cost to the business (rail tickets); reputational damage with stakeholders etc.

At the first meeting I had with them, they said they hadn't been sleeping very well so put the mistakes down to tiredness. I was sympathetic and we had a conversation about things that might help them sleep better, but anything I suggested was met with resistance. Fair enough. We agreed we'd have more frequent face to face catch ups (we don't always work in the same office) so they could raise any problems or check stuff with me at an early stage. I wrote up the notes of our meeting and included a reference to them putting the mistakes down to lack of sleep/tiredness. They weren't very happy about this and asked if I'd remove it, and while I agreed to change some wording slightly I explained that I thought it was important it was documented since that's what they were giving as an explanation for some below standard work. For reference, assuming this intervention works and their performance improves, there would be no reason for the notes to be shared beyond me and my employee, although as a manager I am of course aware that things can go wrong and that contemporaneous notes would be important if, heaven forbid, it ever ended up as a grievance or tribunal.

I had the latest catch up with them this morning, during which I asked after their wellbeing and they said they needed to leave early later this week to go to the GP for blood tests (investigating the tiredness). I said I was glad they were looking after themselves and getting it looked into and of course it was no problem to leave for the appointment. I wrote up the notes about this and the other aspects of the meeting and referred to their appointment - literally "We discussed how X has been feeling lately. X asked to leave early on Y day for a GP appointment relating to their recent health concerns, which was approved".

They have now sent me an email saying they need to say again that they are very unhappy I am writing about their private health matters in work-related notes and they want me to remove it. I explained again that I feel it is relevant, since it is the reason they have given for their poor performance and I would be remiss in my duty of care to them if I didn't a) check they were feeling okay and b) make a brief, non-detailed note of anything that arose from such a discussion. Now however I'm starting to doubt myself (bloody imposter syndrome always telling me I'm crap at my job!)

AIBU to include this information in briefest terms given that according to them, it's essentially the reason I ended up having to speak to them in the first place?

It seems perfectly reasonable to me. I’ve had to record similar conversations when someone was having a lot of sick leave.

I’d keep following everything up in writing if I were you. Your employee sounds a bit tricksy.

It does seem OTT.

How long have you been a manager for? How long with this business? Do you have relevant training?

The usual way this would be addressed, would be during a monthly review / coaching session. You would highlight stuff done well, then areas needing improvement. So goals are... Then in the next review, you see if the goals have been achieved. If not you would go down the coaching route. How can I/we help you?

It sounds like you're already envisioning further action.

Unless mistakes are occurring all the time, it does seem OTT to have an employee having to go to such lengths. It would seem weird that you keep notes about this. Also I think since it seems so formal, your employee should have been given notice, plus the chance to have someone with them.

Most humans are aware mistakes get made. Was anything said about the 'mistake' by senior management?

Are they making multiple mistakes? Or was this a one off?

With sick leave, you would normally do return to works.

Employee can either leave the (perfectly reasonable, factual & non-emotive) notes as they are, or give you a different reason for below-par performance.

Can't really understand how they feel kicking off about your supportive stance is going to help them. Would they rather their recent underperformance be attributed to incompetence?

I'm putting myself in their shoes, yes they're struggling right now, but doesn't OP do monthly reviews anyway? Which is the perfect time to address such things.

In your employee’s place, I’d be very concerned about how those notes were stored, who had access to them, how they were used, how long they would be stored etc.

Health data is very private, which is why GDPR regulations class it as “special category data” and place extra responsibilities on those processing it: ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/special-category-data/

PriestessModwena I already carry out monthly one to ones; I 'inherited' this employee at the beginning of the year with something of a reputation but nonetheless have applied the coaching approach for a few one off mistakes between then and recently, when it became clear this was actually a pattern of poor performance compounded by a spate of several mistakes over the course of a couple of weeks, including some brought to my attention by the senior executive for which they provide PA duties as part of their role. Hence why I now feel this employee needs the increased support - and closer monitoring, albeit informal - of more frequent catch ups, as the monthly format has not been sufficient to prevent the issues from escalating.

It would seem weird that you keep notes about this. Also I think since it seems so formal, your employee should have been given notice, plus the chance to have someone with them.

Keeping notes is Management 101 - I'm a bit concerned that you don't recognise this? It's standard practice everywhere I've worked to take notes after every one to one with every member of staff, to ensure a brief note of key points discussed, any agreed actions and decisions, plus any concerns the individual may have raised.

As I've already said, this is informal and is essentially just another one to one, albeit currently happening weekly rather than monthly. Nothing is going on the person's performance record and so there is no requirement for them to be offered accompaniment. I don't envision further action - I anticipate the catch ups reducing to fortnightly and then returning to monthly with everyone happy - but I would be stupid to assume further action might not be a consequence if their performance doesn't reach the required standard.

You might find it useful to ask for this to be moved to the Employment Issues board. Always very helpful advice there.

It seems sensible to keep notes of these issues, particularly as it sounds like there are performance issues that will have to be tackled. Can you ask for advice from your organisation’s own HR department?

Hi, health information is a sensitive category under GDPR. Your colleague has told you they do not consent to you recording this information, so I think you may be on sticky grounds here.

I would speak to your HR dept to get their viewpoint on it.

In the meantime, make sure these notes are
Securely held (password protected, or locked away safely)

You need to remove any references to GP appointments and health as you do not have permission to hold the record. Health related issues are usually held by Occupational Health. You do not not have the authority or data security to keep this file. Delete ASAP.

Thanks TeaStory and JojoBears. Our HR department is very, very slow to respond to queries but I'll see what they say...I might get a response before either me or my colleague retires!

I might be inclined to call it a weekly briefing, then set it out how you would similar to a 1-2-1 / coaching session.

Positives

Areas for Improvement:

Immediate Goals

Intermediate Goals

Long Term Goals

Further Notes: Employee is having an authorised absence for a medical query which is thought to be impacting performance. HR to be updated for OT referral if necessary upon further information provided.

I think in your next performance review you need to ask your manager if you could get some more GDPR training.

(I’m being tongue in cheek but seriously they’ve said they don’t consent to your recording this so I’d be very clear under which conditions you’re recording the information).

Sorry forgot to add, once you've created this, file with HR under miscellaneous. Then it's under lock & key.

I think your approach sounds reasonable. Nor is it clear that GDPR bans any line manager from recording brief details of staff wellbeing on 1-1 notes. It's not her health record nor her medical notes which would be a whole different set of confidentiality. You are keeping records necessary for a specific purpose.
Your line report is not disputing the facts. It is appropriate that they are noted as you say for future action.
However i would say that this all depends on whether HR will back you up, so probably best to tell her you are clarifying with HR what the position is and how best to record situation and will speak to her when you have taken advice from HR.
She;s trying brinksmanship. Maybe it's the first time she's had someone try and performance manage her and she's testing boundaries.
Good luck

Nothing is stopping you from making all of these written notes about her health, but you’ll put her guard up instantly.

From now on, you need to try to separate performance issues from health concerns. You can be a compassionate manager and ask about her health but if it becomes a constant part of the performance conversation you’re on a one way road to unions, long term sick and eventually tribunal.

From now on, you need to try to separate performance issues from health concerns. You can be a compassionate manager and ask about her health but if it becomes a constant part of the performance conversation you’re on a one way road to unions, long term sick and eventually tribunal.

It really hasn't been a constant part of the performance discussions, not least because they're not being framed as performance discussions, they're one to ones and structured as one to ones (so we cover positive feedback - and there has been some more recently as they do seem to be trying to improve - what they see as their priorities for the period between catch ups etc), they're just happening more frequently at the moment. In this instance I literally opened with a "how's it going?" sort of question and they immediately mentioned their appointment and needing an early finish. This is the first time since I first raised the recurrent performance issues, when they brought up their insomnia as a possible reason for the mistakes, that we've gone into their health. At the couple of intervening catch ups I've asked a similar opening question, as I would in all one to ones, and they've said "fine" and we've moved onto the other areas for discussion.

Thanks tomatoes, that was my view but I will check with HR.

I get you. I think you sound like a supportive and caring manager and I’m glad you have time for these meetings - many don’t invest this level of thought or time.

Having been in this exact position myself, I would say just make sure you don’t leave yourself open to anything. As suggested up the thread, make sure HR are supporting you too. Good luck op.

I think you need to maintain a more reasonable distinction between formal and informal. It is very informal to say, “How are you?” to your direct report. Naturally they will reply informally. It is not at all informal to keep detailed notes of an informal response. Delete the references to her health. It was discussed informally. If your direct report’s performance remains an issue, make it formal, get Occupational Health and HR involved.

She is likely to feel you are building a case against her.