It is important for any business that their employees are performing to the best of their ability. However, employers must be careful when managing an employee’s performance so that they do not fall on the wrong side of the law and do not put themselves at risk of a claim that could end up at an Employment Tribunal.

Our Employment Solicitors and Barristers can assist you in having an effective Performance Management policy and procedure that is key to enabling you to identify and tackle poor work performance effectively, in a timely fashion.

Initial Telephone Discussion

Our highly experienced solicitors will provide expert advice and assist you. Please call us for an initial no-charge discussion on 01256 460830 or email us at [email protected].

As an employer, you must have evidence that your employee is underperforming and you should have previously explained, with evidence, what is expected of them.

You can manage this by conducting ‘Performance Appraisals’ that are aimed at providing feedback throughout their period of employment. However, Performance Appraisals must follow certain procedures. For example, it would be unfair to provide no feedback to an employee who is underperforming for 6-12 months before the appraisal, and then give them a poor appraisal on the day. To be effective they usually need to be designed for the individual concerned and legal advice is worthwhile.

Performance Procedures

Many issues can arise with employees and their behaviour within a workplace. Some of them include poor conduct, timekeeping, absence and health and safety issues.

Where informal conversations between an employer and employee do not resolve issues, an employer may have to resort to formal proceedings.

When performance proceedings are initiated, the employer must follow a fair process and getting legal advice early on may prevent any potential liability at a later date.

We offer tailored advice to ensure that you comply with the procedures that need to be followed, ensuring that the chance of any future dispute is minimised.

Sickness & Absences

As an employer, it can be a challenging situation when an employee has been off for a prolonged period. In cases of persistent short-term absence, an employer may have suspicions that an illness is not genuine and that the employee is abusing sick pay entitlement.

We usually recommend that these matters are addressed sooner rather than later, and as an employer, you will not be allowed to permanently replace or dismiss an employee on long term sick leave without following a comprehensive ill-health and capability management process.

Our team can advise on gaining the appropriate medical advice regarding the employee’s condition and on the implementation of any required workplace adjustments.

Our Fees

Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.

How to get in contact

Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].

Our offices are based in Basingstoke and we assist clients across the country.