Performance management in an outsourced arrangement requires coordination between the outsourcing firm and the client — but the legal responsibility for the process sits firmly with the outsourcing firm as the employer. At Bestcare Manpower Services, we have well-developed performance management processes that protect workers’ rights while ensuring that clients receive the quality of service they need.
When a client has concerns about the performance of an outsourced worker, the appropriate channel is to raise those concerns with Bestcare — not to address them directly with the worker as if conducting an employment process. The client provides factual information about performance concerns: specific incidents, missed standards, quality issues, or conduct matters. This information is then assessed by Bestcare’s HR team, who determine the appropriate course of action.
Once we receive a performance concern, we investigate it in accordance with our established procedures. We speak with the worker, gather any relevant evidence, and assess the concern fairly and objectively. Where the concern is substantiated, we determine what action is appropriate: informal guidance, formal warning, performance improvement plan, or, in serious cases, disciplinary action.
Many performance issues can be resolved informally — through clear feedback, additional training, or adjustments to the working arrangement. Bestcare always seeks to resolve performance concerns at the lowest appropriate level before escalating to formal proceedings. This is both good practice and, in most jurisdictions, a legal requirement before more serious action is taken.
Whatever action is taken, Bestcare maintains clear documentation of the performance concern, the investigation, the outcome, and any subsequent monitoring. This documentation is essential for legal defensibility if the worker subsequently brings a claim, and it provides a clear record for the client of how the matter was handled.
Where a performance issue cannot be resolved and it is clear that the worker is not suitable for the client’s environment, Bestcare can redeploy the worker and provide a replacement. The client’s service agreement includes provisions for this, including response time commitments for sourcing and deploying a suitable alternative.