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This area covers how an employer assesses and manages an employee’s performance at work, including capability, conduct, and related dismissal risks. A solicitor helps with drafting and reviewing capability procedures, performance improvement plans, and disciplinary letters; gathering evidence of performance, arranging reviews, and advising on time limits and representation in a potential Employment Tribunal or dismissal process. It also covers appeals and the potential consequences for the employee’s role and pay if performance does not improve.
The process hinges on precise standards and deadlines: formal capability procedures, gathering objective performance data, issuing warnings, and the eventual decision to dismiss or redeploy. A solicitor ensures the process respects employment law, procedural fairness, and the right to a fair hearing, including documentation and any necessary tribunal representation.
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