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Underperformance in the workplace covers struggles with meeting job standards or expectations, and the steps an employer uses to address it through capability and performance procedures. A solicitor practising in this area helps clients draft and apply a performance improvement plan, gather evidence of work issues, and navigate warnings, reviews, and potential dismissal processes. They advise on constructive steps, communicate with the employee, and prepare material for employment tribunals if escalation occurs, focusing on fair process and lawful outcomes.
The issue centres on a failure to meet the required standard and the consequences if the shortfall persists: dismissal or other adverse actions. A regulated solicitor provides guidance on lawful procedures, relevant evidence gathering, and preparation for possible disciplinary hearings, appeals, or tribunals, ensuring procedures comply with statutory rights and ACAS guidance.
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