Managing Capability/Poor Performance

Particular Focus on:

Advising employers on all aspects of managing capability and poor performance including:

• The correct procedure to follow when an employee’s incompetence or ill-health renders them incapable of performing their job;
• Collating evidence of the employee’s incapability of doing the work;
• Identifying when poor performance is associated with laziness rather than genuine incompetence;
• Consulting with employees and (where appropriate) obtaining medical evidence;
• The effective use of warnings together with appropriate timescales for opportunities to improve;
• The extent of the obligation to consider alternative employment and when this is necessary;
• The implications of the Disability Discrimination Act and the requirement to make reasonable adjustments to working conditions to help overcome the practical effects of disability;
• Avoiding unfair dismissal claims; and
• Drafting capability and performance management policies and procedures.

Work with:

 

We work with employers of all sizes as well as with employees.

 

Projects for the service worked on: 

 

We have worked with a number of employers, including large Plc’s, to manage performance related issues, including training managers and drafting policies and procedures. We have also successfully defended employers on numerous occasions in cases of unfair dismissal arising out of capability dismissals.