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
Employers are advised to have a Performance Management procedure in place to regularly monitor the performance and personal development of their employees.
It should be compulsory for the entire organisation and should not exclude any individuals, regardless of their position.
We believe that prevention is the best cure, which is why we are experts in assisting all aspects of performance management and planning. However, if a dispute does occur, we can also assist by negotiating settlement offers, and if needed, represent you at an Employment Tribunal.
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.
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.
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.
We aim to keep legal jargon to a minimum and guide you through the process in a manner that is easy to understand.
Our highly-skilled solicitors offer tailored, strategic solutions to even the most complex matters, ensuring you receive the guidance and support you need.
We will be by your side throughout every stage of the process and will provide you with regular updates and advice along the way.
We communicate thoroughly with you from the outset to ensure that we fully understand your individual needs. This allows us to accurately quote for your matter leaving you without any unexpected surprises and fees further down the line.
We provide our clients with a concise and transparent breakdown of costs from the outset of the matter and throughout any subsequent stages. This enables you to build faith and trust in us early on to form a lasting relationship.
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