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This work covers the formal steps an employer takes to raise and improve a worker’s performance, typically via a capability or performance-improvement process governed by employment law and ACAS guidance. A solicitor practises by drafting or reviewing the procedure, collecting and presenting performance data, arranging and attending meetings, drafting written warnings and an action plan, and advising on possible outcomes, including dismissal if targets are not met. They ensure fairness, proper documentation, and compliance with the ACAS Code and UK employment law.
The solicitor handles the detailed framework: timing and content of feedback, the performance metrics used, the form of warnings, the structure of mitigation or appeal rights, and the evidence trail needed to justify any change in employment status. They coordinate with HR and line managers, manage sensitive information, and navigate potential overlaps with sickness absence and disciplinary procedures.
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