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Manchester & London Solicitors


Employment Law For Businesses

Performance Management

Expert Employment Solicitors in Manchester and London specialising in Performance Management

It is vital for any business that your employees are working to the level you expect from them. After all, you do pay their wages. However, you do need to be careful when managing your employee’s performance that you do not fall on the wrong side of the law and expose yourself to liability in the Employment Tribunal. 

How do I address the issue of performance with my employee?

First of all, you need to have tangible evidence that your employee is underperforming and you need to be able to explain to them what is expected of them. You cannot expect your employee to achieve a target they are not aware of. 

When you have this information call your employee in for a meeting and explain the situation to them. Before you jump to any disciplinary action you should be prepared to work with your employee to help them improve their performance.

You should use a Performance Improvement Plan (PIP) to help your employee meet their targets. The aim of the PIP is to support your employee and also to warn them that they are not performing. It should provide ongoing monitoring and support throughout a specified duration. The PIP should be SMART – Specific, Measurable, Attainable, Realistic and Timely. 

What should I do if my employee’s performance does not improve on the PIP?

When you put your employee on the PIP you should explain to them the consequences should their performance not improve. Generally, this will mean going down the formal disciplinary route. For more information on dealing with grievances and disciplinary action click here. 

What if I do not follow the correct procedure?

If you do not follow the correct procedure your employee could take a claim against you for unfair dismissal or even discrimination. Your employee would need to show that you did not use fair procedure when you dismissed them. If you did not follow the correct procedure it may be difficult to show that the dismissal was fair. 

How can Monarch Solicitors help?

Our specialist employment solicitors have decades of experience dealing with employment issues. They are well equipped to deal with a whole manner of different cases no matter how big or small. 

Our team have had great success negotiating settlement offers, taking claims to the Employment Tribunal, and many more. Every person we represent receives the same high quality of treatment and personal service.

Contact our employment lawyers today

Whatever your issue our employment solicitors are here to help.

Call us on 0330 127 8888 for an initial consultation. Or email us on [email protected] and one of our team will get back to you.

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Most frequent questions and answers

It is important for employers to follow the correct procedure when carrying out performance management of their employees. Not following the correct procedure presents the opportunity for employees to bring a claim for unfair dismissal or discrimination, which can be time consuming and costly. 

According to the ACAS Code of Practice, employees are allowed two warnings before an employer can dismiss an employee for poor performance. This is not withstanding gross negligence and incompetence. However, there are exceptions where only one warning is justified before dismissal, for example if the employee’s underperformance has a detrimental impact on the employer’s business.

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