Managing Poor Performance: Key steps to address and improve

Poor performance can manifest in various ways including the inability to carry out essential job tasks , inflexibility and general lack of speed. Many managers choose to bury their heads in the sand, hoping the issue will resolve itself, or avoiding it altogether because they believe addressing it will be too time-consuming. However, allowing poor performance to drift unchecked can damage team morale and, in some cases pose risks to health and safety, or business continuity.  This article highlights some key considerations and practical procedures for effectively managing poor performance. 

Why deal with problems at an early stage?

Early intervention in performance issues is essential, not just for legal protection, but for the well being of both employers and employees. Here’s why:

• Employees are more likely to improve if issues are addressed promptly rather than being ignored.
• Providing training and support can lead to positive results, saving time and money compared to dismissing and hiring new staff.
• Showing that support and opportunities for improvement were given will strengthen an employer’s case for a fair dismissal.

How should performance issues be dealt with?

Performance standards can change as business roles evolve or new technology becomes available. It’s important to assess these standards based on the employee’s current contract and role.

Initially, if there are concerns, then they should be investigated to ensure that it is performance that is actually the problem. There could be other underlying problems that are actually the issue, such as:

• Ill-health or disability;
• Childcare or care giving responsibilities;
• Poor team management;
• Harassment or bullying by a manager; or
• Excessive workload causing stress.

These issues can create legal liabilities if not addressed and legal advice should be sought. The results of the investigation will depend what steps an employer takes next….

If performance is actually the problem, the employer needs to decide on the best action and it is not a one size fits all situation.  Should a formal hearing be decided on as the further action, then it is important that employer’s follow the ACAS Code of Practice on Disciplinary and Grievance procedures (ACAS Code).

Once an employee has 2 years’ service, it is also important before any dismissal is considered that a fair process is followed. This includes additional considerations including that the employee is informed of the problem and given a reasonable time frame to improve. Open and constructive dialogue with the employee will ensure they understand concerns and establish clear and achievable objectives. The employee should also be provided with necessary support and potential training. The ACAS Code recommends that at least two warnings are given before an individual is dismissed for poor performance unless there is gross negligence. How long is given between warnings will really depend on the employee’s job and how this is being measured. A timeline for improvement should be established.  Regular reviews and feedback should also be given.  The employee must be informed of the consequences if the standards are not met. If dismissal is the end result then the employee should be given the right to appeal. An employer’s own performance procedure should be followed and everything should be documented.

Should an employee be given the right to be accompanied to a meeting to discuss their performance ?

Yes, the right to be accompanied by a trade union representative or a fellow worker should be given when a formal meeting is held to discuss an employee’s performance which could result in some kind of sanction or warning. This would also include an appeal.  

Get in touch

If you’re an employer considering dealing with poor performance of your employees, our highly experienced employment lawyers can help you stay compliant with employment laws and prevent costly claims. 

The contents of this article is a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.