Our team of Business Employment Solicitors understand the challenges faced by employers when dealing with performance issues and the damaging impact it could have on business performance and reputation. To speak with one of our specialist Business Employment Solicitor call freephone 0808 175 8000 or contact us online and we'll be happy to help.

Confronting employees about perceived inadequacies in their performance can certainly be a daunting prospect, and therefore it can be tempting to ignore any performance issues or to brush them under the carpet. However, continued poor performance can be incredibly damaging for businesses and, if left unchallenged, can easily result in reduced morale, productivity and, ultimately, profit. Further, a failure to properly address performance issues as they arise may ultimately expose an employer to allegations of unfair dismissal, particularly in circumstances where the decision is taken to terminate employment because an employer cannot put up with the poor performance any longer, rather than go through a formal process.

Working day in and day out with HR managers and directors, we appreciate the pressures they face in balancing internal demands for immediate action against the possible risk of litigation.

Similarly, owner-managers without internal HR support trust our proactive advice which gets them the right results without them having to navigate alone through the minefield of employment law legislation.

Performance Management Services

Our work with employers includes:

  • advising on the use of probationary periods and appraisals;
  • advising on how to identify and address performance issues at an early stage, and deciding on a strategy of either informal or formal intervention;
  • advising on all aspects of formal performance management or capability processes, including the questions to put to the
  • employee during a formal meeting and the matters to be considered prior to reaching a decision;
  • advising on compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures;
  • identifying when there may be other issues to consider, such as ill health or disability, and whether to obtain medical evidence before a final decision is made;
  • advising on possible outcomes at each stage of the process, and any associated risks;
  • considering what possible assistance, support or training may need to be put in place to assist the employee in reaching the required standard of performance;
  • advising on the employee’s legal right to be accompanied at a performance management meeting, and the role of the companion during those hearings;
  • advising on matters which may delay the performance management process, such as the employee embarking upon a period of sickness absence and/or raising a grievance;
  • advising on how to deal with any further lines of enquiry which may be identified during the performance management process;
  • drafting any necessary correspondence, including invitations to hearings and outcome letters;
  • drafting performance improvement plans and advising on review periods;
  • if relevant, engaging in a protected conversation with the employee in order to negotiate a termination of employment.

Performance Management Policies

As well as providing employers with day-to-day advice and support on handling individual cases, we also assist employers in creating or updating capability/performance management policies and procedures to enable employers to deal with performance issues consistently and confidently.

Call our Business Employment Solicitors today on Freephone 0808 175 8000 or contact us online.

If your business needs advice on any aspect of performance management, we invite you to contact our expert team of Business Employment Solicitors on Freephone 0808 175 8000 or to contact us online.

We will be very pleased to talk through your options without obligation, and if further advice is required, provide a fee proposal for your consideration.