Managing Poor Employee Performance

Employee poor performance creates disruption to your colleagues and customers and can damage workplace morale. Any poor performance needs to be tackled quickly and effectively.

When dealing with any employee issue, it is wise to commence your investigation with one question and that question is why? Why is the employee not doing what they should be?; Why is the employee acting in that way? By understanding the cause of the problem, you can identify the correct approach to tackling it. If you do not, you will fail to resolve the problem properly or it could lead to you dismissing the employee in unfair or discriminatory circumstances.

If the employee is incapable of doing the job, you can adopt a proper performance management process. By using this process effectively, it will either result in the employee’s performance improving or the option of a fair dismissal, for poor performance.

Our solicitors are experts at managing the complex twists and turns of proper performance management. We are well versed in the tactics deployed by employees and can help you navigate the more complex elements of poor performance, for example where an alleged disability is claimed to be the reason for an employee’s inability to do their job.

If you need strategic legal advice on managing poor performance and conducting a robust performance management process, our solicitors can help.

Carrying out a proper performance management process can be daunting. Your team leaders and managers are at the coalface when dealing with performance issues.  If they are not adequately trained on how to identify and deal with these issues, the effectiveness of your employee and their team will be compromised. We offer two hour leadership training sessions on how to effectively manage poor performance in the workplace.

Our employment team can:

  • Provide a strategy approach to managing poor performance
  • Prepare and advise you on the relevant policies and procedures including: Disciplinary, and Capability/ Performance Policies
  • Guide you through the relevant process, including helping you set clear and effective targets for the employee to follow
  • Draft or check the documents you need to support the process including: emails, letters, scripts, guidance notes and investigation questions
  • Advise you on how and what to collate in evidence; and when to use it
  • Advise you on any settlement negotiations (such as a protected conversations/without prejudice discussions)

Why choose Trethowans?

Our employment team is also ranked in for Employment Law in the South for Chambers and Legal 500.

For expert legal advice on managing poor employee performance, don’t hesitate to contact our team of experienced employment solicitors on 0800 2800 421.

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