Performance Management
Performance Management
Do you have a performance management issue with an employee, but don’t know how to proceed? Maybe you have a performance policy and procedure in place, but the relationship with your employee has broken down to such a degree that a three to the four-month procedure would be detrimental to both parties.
Performance management can be complex, and involve difficult conversations. For example, telling an employee who has a serious medical condition they are underperforming in their role, is not a situation any employer relishes. And while a basic performance management policy and procedure may serve you in most situations, it just may not be suitable.
Depending on your employee’s role, a legally compliant performance management process should involve:
- An initial performance review meeting with your employee, after which you issue a performance improvement notice to them;
- After six to 12 weeks, if there is no improvement, a further performance review meeting with your employee, after which you issue a final performance improvement notice; and
- After six to 12 weeks, if there is no improvement, a final performance review meeting with your employee, at which you may take the decision to dismiss your employee.
The performance management process may potentially become drawn out. Should you offer training? Does the employee wish to leave? Are there other issues? Would you rather just negotiate a settlement and move on? Whatever the situation and however you need to resolve it, we will work with you to get the most beneficial result.
How we help you
- Our employment law specialists understand how sensitive performance management issues can be and will support and advise you in your legal options that protect your commercial interests and keep you free from legal and reputational risks.
- From the beginning, we will ask, ‘What do you want to do?’. You may wish to negotiate a settlement, and end the employment relationship quickly, instead of going through a protracted performance management process for very little gain. Whatever your objective is, our support will focus on achieving it.
- Experienced, legal experts in employment law are on hand to support you for the entire duration of the process. Any concerns or worries you have along the way, we are there with a rapid, reassuring response.
If you are a business owner, employer or HR professional and are concerned about a performance management issue with an employee, get in touch with our employment law team for an initial consultation in confidence. We have all the knowledge and support to resolve the issue quickly and without stress.


