Is poor performance a capability or conduct issue for employers? Should employers use their disciplinary procedure or a separate poor performance procedure to deal with employees’ poor performance? Can employers dismiss employees because their work performance is poor?
We provide guidance on dealing with poor performance in the current series of XpertHR’s Topic of the Week (subscription required). In the first article in the series, Caroline Noblet of Squire Sanders Hammonds provides a checklist to help employers deal with poor performance effectively and in a way that complies with the law. We will also be providing case studies and FAQs on this topic.
Of course, if proposals set out in a leaked report commissioned by David Cameron (recently reported by the Daily Telegraph - see Michael Carty’s blog) come into effect, employees will not, in future, be able to claim unfair dismissal if they are dismissed on grounds of poor performance. Under the proposals, the right to claim unfair dismissal will be replaced by "compensated no fault dismissals" whereby "dismissal should not be deemed to be unfair if no particular reason is specified but the notice periods and termination payments are the same as those that apply in a case of redundancy".
We will have to wait and see if the proposals take hold, but in the meantime, employers should continue to follow a fair and appropriate procedure when addressing poor performance.
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