Joint Statement from Accord and Unite: Concerns over “Back to Your Best”

Joint Statement from Accord and Unite: Concerns over “Back to Your Best” guidance changes

Lloyds Banking Group has announced significant changes to its Back to Your Best performance management guidance, effective from 24 March 2025. Both Accord and Unite have serious concerns about the impact of these changes on colleagues, particularly those managing health conditions or disabilities.

What's changing

Under the new guidance:

• When LBG deems it’s fair to do so, performance plans will no longer be paused during sickness absence. This means colleagues could be expected to demonstrate performance improvement while unwell and/or not at work through illness
  
• When LBG deems it appropriate, performance and absence management will run in parallel rather than pausing one process when the other is triggered. This creates the risk that colleagues with health challenges will be forced to manage both performance and illness simultaneously.
  
• The recommended “starting point” for a structured support and formal plan period will be set at four weeks, with managers having discretion to extend it. Whilst the guidance states that, “fairness depends on both the role and the colleague” and lists some factors for LMs to consider, this change raises concerns about inconsistency and fairness.
  
• Managers will be encouraged to consider health and wellbeing factors, but without specific instructions on how to apply reasonable adjustments as required under the Equality Act 2010.

Our concerns

Our primary concerns relate to the following key areas:

1. Impact on colleagues’ wellbeing
   
   
• The changes introduce significant risks to mental and physical health, particularly where performance management runs parallel to absence management.
  
• Being placed on a performance plan while unwell could exacerbate stress and anxiety, leaving colleagues feeling pressured to return to work before they are fit to do so.
  
• We’re concerned that the new approach to structured support and formal plans—particularly the four-week “starting point” period—could result in inconsistency and unfair treatment. Further, the new guidance could be misused to fast-track colleagues out of the business.

2. Legal and ethical concerns
   
   
• Despite LBG’s assurance that LMs have discretion around how long a plan should be and that LMs will usually be guided to extend the duration where a colleague is absent for disability related absence, our legal advice is that the new guidance may breach the Equality Act 2010 by placing disabled colleagues at a particular disadvantage.
  
• The risk of disability-related harassment and discrimination claims is heightened if colleagues are expected to demonstrate performance improvement while on sick leave or when managing long-term health conditions.
  
• We are prepared to challenge unfair practice through all available channels, including legal action and Employment Tribunals if necessary.

3. Lack of justification and evidence
   
   
• LBG has not demonstrated that the changes are necessary or proportionate, nor has it provided evidence that the previous approach was ineffective.
  
• We remain unconvinced that there was sufficient consideration of potentially less discriminatory alternatives or meaningful assessment of the impact on vulnerable colleagues.

How we will support you

Both Accord and Unite are committed to supporting members throughout this process. If you are placed on a structured or formal support plan and feel that the guidance is being applied unfairly, please get in touch with your union representative immediately.

We’re here to:

• Advise you on your rights and support you through the process
• Challenge unfair application of the guidance
• Assist with formal complaints or grievances
• Pursue legal action if necessary, including Employment Tribunal claims

Why every LBG colleague should be a union member

The changes to performance management will affect all colleagues, regardless of grade or role - everyone has a line manager who will be expected to follow this new guidance.

Without union membership, you may find yourself facing the new performance management process alone. Union members have the benefit of professional support, advice, and representation to ensure that performance issues are handled fairly and legally.

Being part of a union means having someone on your side to:

• Challenge unfair practices and ensure that managers apply the guidance fairly.
• Support you through the process if you are placed on a structured or formal support plan.
• Stand up for your rights if you feel you are being treated unfairly or discriminated against.
• Take legal action if necessary, including representation at Employment Tribunals.

If you’re not already a member of Accord or Unite, now is the time to join. With performance management guidance changing, it’s more important than ever to have the protection and support of a strong union behind you.