Performance management
Unfortunately, some employees do not meet the standards expected and/or required. This can cause significant difficulty for employers and can require substantial amounts of time to adequately address.
Managing underperformance can be challenging, time‑consuming, and legally sensitive. We can support you at any stage of the performance management process, whether you are putting initial measures in place, navigating ongoing concerns, or bringing the procedure to a close. Our services include:
- Drafting or updating performance management and capability policies to ensure they are clear, fair, and legally compliant;
- Delivering training for managers and HR on identifying performance issues, conducting effective performance meetings, setting objectives, and avoiding discriminatory practices;
- Providing guidance on both informal and formal performance management processes, including when to escalate to capability procedures;
- Drafting letters, scripts, and supporting documentation to help guide managers through each stage of the process; and
- Advising on and conducting legally compliant dismissals, as well as preparing and negotiating settlement agreements where a managed exit is appropriate.
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Analysis
Case Study: Streamlining Operations
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Analysis
Case Study: Streamlining Operations
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Analysis
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
My employee, is not performing, what can I do?
If your employee is not performing, you should raise it with them informally before commencing a formal process. A formal process could be in the form of performance improvement plan “PIP”. This is used to manage the underperformance of an employee and involves setting clear targets, regular assessments of the employee’s performance, providing feedback and identifying and delivering training if necessary. Ultimately, the purpose of the PIP is to help the employee achieve the desired goals and requirements of the role in which they are working.
Can I dismiss an employee on grounds of performance?
Capability is one of the five fair grounds for dismissing an employee. Performance falls within this category. You should ensure that you follow a fair and thorough process and provide the employee with at least a first and final warning prior to the dismissal. These warnings are normally provided when the employee has failed to meet the targets that are required.
What happens if I get the procedure wrong?
If you do not follow the correct procedure you are at risk of the employee claiming unfair dismissal at an employment tribunal. In addition, you will be at risk of a 25% uplift on any compensation awarded by the tribunal if you have failed to follow the ACAS Code of Practice.